Welcome to A&B Concrete Pumping Inc. These Terms of Service ("Terms") govern your access to and use of our website, operated machinery dispatch, and communications, specifically including our automated SMS Mobile Messaging coordination. By submitting a request or scheduling operations, you acknowledge and agree to these legally binding terms.
1. SMS Program Description
A&B Concrete Pumping Inc. operates a specialized mobile messaging coordination service designed to support complex field dispatch. Our automated communications are strictly utilized for mission-critical logistics, pumping scheduling confirmations, onsite safety status updates, and customer service follow-ups.
Given the dynamic, time-sensitive nature of heavy industrial line pumping and concrete batch plant arrivals, text notifications ensure that operators, finishers, and contractors remain perfectly aligned. We do not use this operational SMS pathway for unsolicited advertising or third-party marketing.
2. Express Consent
Participation in our telecommunications dispatch notification pipeline is voluntary. Users declare their express, affirmative consent during request booking or dispatch validation. By clicking or checking the explicit SMS Consent Checkbox on our submission forms, you authorize A&B Concrete Pumping Inc. and its authorized telecommunication system providers to deliver service text messages to the provided phone number.
You acknowledge and understand that consent is not a mandatory condition of purchasing any physical machinery rental or operated services. While opting out is fully supported, it may restrict real-time scheduling coordination and operator ETA updates on pour days.
3. Mandatory Carrier Clause
The technical transmission of automated notifications is mediated by independent cellular providers. While we utilize enterprise-grade routing interfaces, A&B Concrete Pumping Inc. and all independent carriers (including but not limited to Verizon, AT&T, and T-Mobile) are not legally liable for delayed or undelivered messages.
We bear no operational responsibility for carrier network downtime, localized reception blockages, signal failure, or transmission gaps that result from geographic challenges on remote Bay Area job sites.
4. Opt-Out & Help
You maintain full authority over your communication channels at all times. To terminate text dispatch updates, reply STOP to any message sent from our systems. Upon receipt, our system will emit a single, final confirmation text confirming your removal from the text coordination interface.
For immediate operational support or instructions regarding our program, reply HELP to any message, or reach out directly to our central Silicon Valley offices via our main site lines.
5. Data Privacy
A&B Concrete Pumping Inc. is fully committed to upholding the strictest digital safety guidelines, including all A2P 10DLC and TCPA (Telephone Consumer Protection Act) compliance rules.
Your contact numbers, opt-in records, and text histories are secured within private local database logs. Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the Text Message services. We strictly prohibit the rental, leasing, sharing, or selling of your mobile information to external agencies for marketing campaigns. Full processing details can be reviewed in our Privacy Policy.
6. Limitation of Liability
To the maximum extent permitted under applicable California law, A&B Concrete Pumping Inc., its directors, pump operators, and affiliates shall not be liable for any direct, indirect, incidental, or consequential damages resulting from job site operations, machinery deployment, or SMS communication pipelines.
All operated equipment services are provided on an "as available" basis. While we guarantee meticulously serviced Putzmeister/Olin pumping hardware and certified operators, job timeline estimates and dispatch ETAs are estimates. We assume no financial liability for concrete curing delays, batch plant supply shortages, or structural mix delivery interruptions caused by external factors.
7. General Terms & Charges
Standard message and data rates may apply depending on your custom cellular subscription plan. Message frequencies vary based strictly on active dispatch needs, yardage requirements, and scheduling density.
A&B Concrete Pumping Inc. reserves the right to modify, adjust, or terminate its automated communications program or these Terms at any time without prior warning. Continued scheduling of operations represents complete agreement to any adjusted terms.
8. Indemnification
You agree to fully defend, indemnify, and hold harmless A&B Concrete Pumping Inc., its subsidiaries, operators, and staff from any claims, structural losses, expenses, structural liability, or attorney fees arising from your violation of these Terms. This includes, without limitation, providing an incorrect or unconsented mobile phone number, or violating local regulations governing active concrete placement safety zones.
9. Dispute Resolution & Arbitration
To expedite resolution and control legal expenses, you and A&B Concrete Pumping Inc. agree that any legal dispute, campaign conflict, or communication claim arising out of these Terms or active field services shall be resolved exclusively through final, binding arbitration rather than in court.
Arbitration uses a neutral, independent arbitrator rather than a judge or jury, allows for streamlined discovery, and is subject to extremely restricted judicial review. **By agreeing to these Terms, you formally waive your constitutional right to a jury trial or to participate in any representative class action lawsuit.**
10. Governing Law
These Terms, and all operational claims arising from equipment pumping deployment, shall be governed and interpreted according to the laws of the State of California, without giving effect to conflicts of law.
Any legal proceeding or arbitration enforcement not subject to generalized arbitration protocols shall be brought exclusively in the state or federal courts located in Santa Clara County, California, and you hereby consent to personal jurisdiction and venue within these courts.