Hydrate Heroes Messaging Terms & Conditions

Hydrate Heroes (referred to as "Hydrate Heroes," "We," "Us," or "Our") is offering a mobile messaging service (the "Program"), and by using or participating in this Program, you are agreeing to these Messaging Terms and Conditions as well as our Messaging Privacy Policy.

By choosing to participate in any of our Programs, you acknowledge and agree to these terms, including that any disputes must be resolved through individual arbitration, as described in the "Dispute Resolution" section below. Arbitration typically involves less discovery and more limited review than a court trial. Please review these terms carefully.

By opting into or participating in our Programs, you confirm that your intent is to receive updates, discounts, promotions, and other communications from us and not with the intent to initiate legal action. If your objective is to bring legal claims against Us or any vendors acting on our behalf, please immediately unsubscribe as described below and agree to cover any costs, including legal fees, related to defending such claims.

This agreement is specific to the Program and does not override other terms, policies, or agreements you may have with us in different contexts. Regardless of how you joined the Program, these terms will govern your participation.

1. User Opt-In.

Consent to Receive Recurring Automated Messages. By opting in, you agree to receive recurring promotional and marketing text messages (e.g., SMS and MMS) from Hydrate Heroes, which may be sent via an automated system, at the phone number you provided or any number you choose to update. By providing your phone number, you confirm that you are authorized to do so and that the number is yours. Consent to receive these automated messages is not a condition for purchasing any goods or services. Standard messaging and data rates may apply. The frequency of messages may vary.
Consent to Receive Electronic Communications. Where legally required, you consent to receive certain information from us electronically rather than via paper. By opting in, you authorize us to send this information electronically. You can withdraw this consent, update your details, or request a paper copy by contacting us at [email protected]. To access this information electronically, you'll need a device with internet access, storage capacity, or a connected printer.
Authorization for Data Usage to Detect Fraud. You also authorize the use of your device and account information to verify your identity and help detect fraud. This information may be shared with Hydrate Heroes, your wireless carrier, and third-party service providers. See our Messaging Privacy Policy for details on how we handle your data.

2. User Opt-Out. If you no longer wish to receive messages from the Program, you can opt out by replying STOP, END, CANCEL, REVOKE, UNSUBSCRIBE, or QUIT to any message. A final message may confirm your opt-out. Please note that alternative words or phrases may not be recognized by our system, and Hydrate Heroes and our service providers cannot be held responsible for unprocessed requests if non-standard commands are used. Opt-outs must follow the specified procedures; verbal requests or other methods may not be considered valid. Our Do Not Call Policy is included in Appendix A of this agreement.

3. Other Terms and Policies. By using the Program, you also agree to our Messaging Privacy Policy, Hydrate Heroes Terms of Service, and Hydrate Heroes Privacy Policy.

4. Program Description: When you opt into the Program, you may receive updates on promotions, marketing, customer support, shipping notifications, and other transactional information. This can include checkout reminders.

5. AI-Generated Message Content: We may, at times, use AI tools to help generate or suggest message content. These messages are reviewed by us before being sent. By continuing to participate in the Program, you acknowledge and consent to this use of AI, and you agree that these third-party AI providers are not responsible for the messages we send.

6. Message Frequency, Costs, and Changes. Message and data rates may apply. You may receive messages at varying frequencies, and we reserve the right to adjust how often we send messages at any time. We may also change the short code or phone number used to send messages.

7. Support Instructions. For assistance, text "HELP" to the number you received messages from or contact us at [email protected]. Please note that this email address is not for opting out; use the opt-out methods described above.

8. MMS Disclosure. If your device does not support MMS, the Program will send SMS messages instead.

9. Disclaimer of Warranty. The Program is provided as-is and may not always be available due to product, software, or carrier changes. Hydrate Heroes is not responsible for any delays or failures in message delivery, which depend on your wireless carrier's performance.

10. Supported Devices. The Program is available as-is, and message delivery may not work on all devices or in all areas. Hydrate Heroes, our providers, and carriers are not liable for delayed or undelivered messages.

11. Contact. This Program is operated by Hydrate Heroes, located at Hydrate Heroes 2274 State Road 580 Clearwater, Florida 33763 US.

12. Age Restriction: You must be at least 13 years old to use or interact with this Program. If you are between 13 and 18 years of age, you must have permission from a parent or guardian. By using the Program, you confirm that you are either 18 or older, or that you have the necessary permissions.

13. Prohibited Content: You agree not to send any prohibited content, including but not limited to:

Fraudulent, defamatory, harassing, or threatening activity;
Objectionable content such as profanity, violence, or discriminatory content based on race, gender, religion, etc.;
Pirated software, viruses, or other harmful code;
Illegal promotions or services;
Content protected by HIPAA or HITEC laws without consent;
Any other content prohibited by law.

14. Compliance with State Telemarketing Laws: We strive to comply with state telemarketing laws, including those in Florida, Oklahoma, Maryland, New Jersey, and Virginia. Based on the area code of the phone number used to opt in, we may assume you are a resident of the associated state unless otherwise notified. You agree that messages in response to your requests, such as help or stop requests, are not unsolicited telemarketing calls under state laws.

15. Dispute Resolution (Including Arbitration Agreement and Class Action Waiver).

If you have concerns, please contact our Customer Service team at [email protected]. We encourage informal resolution of disputes, but if a resolution cannot be reached, we require binding arbitration for any claims, as outlined below.

Binding Arbitration: All disputes between you and us must be resolved through individual arbitration, not in court, except for claims that can be handled in small claims court. Arbitration will be conducted by New Era ADR or a similar service, and we will cover most of the arbitration costs unless your claim is frivolous. Any changes to this arbitration provision will not affect existing disputes unless agreed upon by both parties.

No Class Actions: By agreeing to these terms, you waive the right to bring or participate in class actions or jury trials.

16. Miscellaneous. You agree that you have the legal authority to enter into this agreement. Failure to enforce any part of this agreement does not constitute a waiver of the rest. If any part of this agreement is invalid, the rest remains enforceable.

Appendix A

Hydrate Heroes
Do Not Call Policy: Text Messaging

Regulatory Summary Regarding The Telephone Consumer Protection Act (TCPA)

The TCPA protects consumers from specific types of telemarketing. Hydrate Heroes complies with federal and state Do Not Call laws and maintains an Internal Do Not Call list. You can request to be added to this list by replying STOP or contacting us at [email protected]. Your number will remain on this list indefinitely unless you choose to opt back in.

We comply with federal and state laws regarding telemarketing. Under the TCPA (Telephone Consumer Protection Act), "telemarketing" refers to the initiation of a call or message for promoting the purchase, rental, or investment in goods or services. The TCPA regulates cold calls, pre-recorded sales calls, and the use of autodialers. The law also authorized the creation of the National Do Not Call Registry, and various states have enacted their own telemarketing laws.

Hydrate Heroes is committed to ensuring compliance with these laws, particularly in relation to sending marketing-related text messages. Our policy is not to send telemarketing text messages to:

Any phone number for which we do not have prior express written consent, as required by the Federal Communications Commission (FCC); and
Any phone number that is listed on our Internal Do Not Call list.

We will maintain an internal Do Not Call list and will honor any reasonable request to add your phone number to this list within ten (10) business days of such a request. To be added to our Do Not Call list, you can either:

Reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any of our messages to opt out of the Program. Please note that using other language or modifying these commands may not be recognized by our system, potentially resulting in your request not being processed.
Contact our customer service at [email protected], providing your name and phone number, and request to be added to the Do Not Call list.

Your phone number will remain on our Do Not Call list indefinitely unless you choose to opt back into receiving messages by providing new written consent. If you change your phone number, you will need to notify us to update the Do Not Call list with the new number.

Appendix A: Do Not Call Policy

Hydrate Heroes's Do Not Call Policy

This policy relates to our compliance with the federal Telephone Consumer Protection Act (TCPA) and relevant state laws for sending telemarketing-related text messages. We are committed to upholding consumer protection laws and ensuring that individuals who wish to stop receiving marketing messages can do so quickly and easily. If you wish to opt out, please follow the instructions provided in Section 2 above.

We value your privacy and your right to opt out of receiving promotional messages from us. If you have any questions about this policy or need further assistance, please contact us at [email protected].