SMS/MMS Mobile Message Marketing Program Terms and Conditions

HASA, Inc., a California corporation (“HASA”), offers a mobile messaging program (the “Program”). Your participation in the Program constitutes your agreement to these Mobile Messaging Terms and Conditions (the “Agreement”), the Terms of Use and Privacy Policy. By opting in to or participating in any of HASA’s Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with HASA through binding, individual-only arbitration, as detailed more fully in the Terms of Use. This Agreement is limited to the Program and is not intended to modify other Terms of Use or Privacy Policy that may govern the relationship between you and HASA in other contexts. To the extent there is any conflict between this Agreement and the Terms of Use, the Terms of Use shall prevail. 

  1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). 
  2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from HASA to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that HASA’s text message platform (the “Platform”) may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that HASA and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of HASA’s employees to remove you from HASA’s list, is not a reasonable means of opting out.
  3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of food, drinks and accessories sold by HASA. Messages may include checkout reminders.
  4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at HASA’s discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with HASA.
  5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email HASA at privacy@hasa.com. Please note that use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
  6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
  7. Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas and at all times, and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We are not liable for any delays or failures in your receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of HASA’s control. Carriers are not liable for delayed or undelivered mobile messages.
  8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, use a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. You agree only to sign up for the Program on your own device(s); and not to sign up for the Program on any other person’s device without such person’s permission and consent.
  9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Platform.
  10. Prohibited Content: You acknowledge and agree not to send any prohibited content over the Platform. Prohibited content includes: 

– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; – Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; 

– Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; 

– Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; 

– Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and  

– Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. 

  1. Indemnification: YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HASA HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY HASA OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND/OR FEDERAL LAW, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM HASA ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED TO PARTICIPATE IN THE PLATFORM.
  2. Miscellaneous: You warrant and represent to HASA that you have all necessary rights, power, and authority to agree to these terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified. 

This Agreement shall be made part of and be subject to the HASA Terms of Use, available here.

 

Effective Date: 03/05/2024

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Alma Bunch

Director, Human Resources

Alma Bunch serves as Director of Human Resources for HASA, Inc. She has 25 years of collective experience in the human resources and finance fields. Ms. Bunch joined the HASA team in 2018 as Corporate Human Resources Manager and was appointed Director of Human Resources in February 2020.

Vinny Sharma

Vice President, Operations

Vinny Sharma joined HASA, Inc. in 2018 as a General Manager. He currently serves as Vice President of Operations, based in Saugus, CA. Mr. Sharma has held previous positions in the industry with other major brands such as Univar, ICL and Pepperidge Farms. Specializing in plant operations and supply chain optimization, he holds a bachelor’s degree in Chemistry and Production Engineering, and a Master’s degree in Engineering and Industrial Management from Northeastern University.

Rick Sawin

Vice President of Pool, Distribution and Sales

Rick Sawin is Vice President of Sales, Pool and Distribution at HASA, Inc. A veteran within the swimming pool product supply and water treatment industry, prior to joining HASA, he held multiple senior management positions at Leslie’s Poolmart, Inc., a leading retailer within the segment. With that organization, Mr. Sawin served consecutively as National Commercial Sales Manager, Director of Commercial Sales, Director of National Sales, Vice President of Commercial, and finally as Director of Mergers & Acquisitions. He was educated at the University of Nevada-Las Vegas.

Angela Tran

Senior Vice President, Operations

Angela Tran serves as Senior Vice President, Operations of HASA, Inc., having joined the company in 2017. Prior to joining HASA, she served as Controller of Klune Industries, a subsidiary of Precision Castparts / Berkshire Hathaway, and began her career at Howmet Aerospace. She was educated at California State University, Fullerton, and Sam Houston State University. She is also a Certified Public Accountant.

Rob Bzdil

Executive Vice President

Rob Bzdil serves as Executive Vice President for HASA, Inc., overseeing the company’s Industrial business and Supply Chain efforts. Prior to joining HASA, Mr. Bzdil held key positions in Business and New Product Development, Project and Process Engineering, Operations, Supply Chain and Finance. As a Chemical Engineer from Penn State University, he worked with Corning Glass, OxyChem and Pioneer Chlor-Alkali where he established his background in commodity and specialty chemicals.

Ken Ward

Cheif Financial Officer

Ken Ward serves as Chief Financial Officer (CFO) of HASA, Inc., having joined the company in 2017. Prior to his current role, he was Group Controller at Aerospace Dynamics International and CFO at Klune Industries, both subsidiaries of Precision Castparts & Berkshire Hathaway. Mr. Ward also has held senior positions with Technicolor and PricewaterhouseCoopers. He was educated at the University of California Los Angeles.

Chris Brink

President and CEO

Chris Brink is CEO of HASA, Inc., overseeing all strategy, management and product development for the brand. He joined the company in 2018, first serving as HASA’s Chief Operating Officer (COO). Prior to that, Mr. Brink served as Vice President of the Polyurethane Systems Division at Accella Performance Materials, a subsidiary of Carlisle Construction Materials. He also spent seven years at Henry Company, a building materials manufacturer, serving in a variety of operational roles and most recently as a Senior Vice President.