Terms and Conditions
Program Description
[LEGAL ENTITY NAME], including its subsidiaries and affiliated dealership locations, offers itsmyKaarma text message alert program (the "Program"), subject to these Terms and Conditions(the "Terms").
The Program allows participants to receive, without limitation, informational alerts of interest tothem; vehicle service alerts and appointment reminders; deals and special offers. By providingyour personal information when presented with a link to, or other notice of the existence of,these Terms, you agree that you are bound by these Terms and agree to receivecommunications from [DEALERSHIP NAME], including by text message. If you do not wish tocontinue participating in the Program or no longer agree to these Terms, you can replySTOP to any mobile message from [DEALERSHIP NAME] in order to opt out of theProgram.
User Opt-In
The Program allows users to receive SMS/MMS/RCS ("mobile") alerts by affirmatively opting inthrough methods such as:
- Signing up online or through a dealership form.
- Providing your mobile number to a dealership representative.
- Texting a keyword to the Dealership in response to a written or verbal call-to-action.
Regardless of how you opted in, you agree that these Terms apply.
Messages sent in connection with the Program are not sent through an automatic telephonedialing system; however, by opting in, you agree to receive automated or autodialed mobilemessages, including promotional messages. Consent is not required to make a purchase.
Cost and Frequency
Message and data rates may apply.
The Program may send recurring messages, and additional messages may be sent based onyour interactions with [DEALERSHIP NAME].
Message Frequency: Message frequency varies.
Contact Information (HELP Command)
For support, reply HELP to any message from [DEALERSHIP NAME].
You may also contact us at:
Email: [SUPPORT EMAIL]
Phone: [SUPPORT NUMBER]
User Opt-Out and Additional Commands
To opt out of receiving mobile messages, reply STOP to any message. You may receive aconfirmation message after opting out.
The Program may recognize additional command keywords and may respond with informationalmessages based on your interaction, even after opting out of recurring alerts.
If you later choose to opt back into recurring alerts, your participation will again be subject tothese Terms, including any future modifications.
MMS / RCS Messaging
If your device or carrier does not support MMS or RCS, messages will be delivered as SMS.For RCS-enabled devices, enhanced features may include:
- Rich media (images/videos)
- Video thumbnails
- Improved message rendering
- Delivery and read indicators (to the extent supported)
Dealership Warranty Disclaimer
[DEALERSHIP NAME] is not liable for delays or failures in message delivery. Delivery dependson your wireless carrier, network reliability, and device capabilities.
If you are dissatisfied with the Program, your sole remedy is to discontinue participation.
Privacy Policy
Information you provide in connection with the Program is used to operate and delivermessaging services and is subject to our Privacy Policy.
For full details, review our Privacy Policy at:[PRIVACY POLICY URL][PRIVACY POLICY URL]
We may disclose your information when required by law or as necessary to operate theProgram, including sharing limited data with service providers for message routing and delivery.
Supported Carrier Disclaimer
Carriers are not liable for delayed or undelivered messages.
Dispute Resolution
In the event that there is a dispute, claim or controversy between you and [DEALERSHIPNAME], or between you and any third-party acting on [DEALERSHIP NAME]'s behalf inconnection with the Program, arising out of or relating to federal or state statutory claims,common law claims, these Terms, [DEALERSHIP NAME]'s Privacy Policy, or the breach,termination, enforcement, interpretation or validity thereof, including the determination of thescope or applicability of this agreement to arbitrate, such dispute, claim or controversy will bedetermined by arbitration before one arbitrator.
The arbitration will be administered by the American Arbitration Association ("AAA") and beconducted virtually. The Consumer Arbitration Rules of the AAA in effect at the time thearbitration is commenced shall apply. The arbitrator will apply the substantive law of the Stateof New Jersey, exclusive of its conflict or choice of law rules.
Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid ofarbitration from a court in New Jersey. The parties acknowledge that this Agreement evidencesa transaction involving interstate commerce. Notwithstanding the provision with respect toapplicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern anyarbitration conducted pursuant to these Terms.
Either party may commence arbitration by providing the other party a written demand forarbitration setting forth the subject of the dispute and relief requested ("Arbitration Demand").
To the fullest extent permitted by law, each party agrees that any proceeding, whether inarbitration or in court, will be conducted only on an individual basis and not in a class,consolidated, or representative action. If for any reason a claim proceeds in court rather thanthrough arbitration, each party knowingly and irrevocably waives any right to trial by jury.
You also agree to the exclusive jurisdiction of the state or federal courts located in New Jersey.
The appointed arbitrator may award monetary damages and any other remedies allowed byapplicable law. The arbitrator will not have authority to modify any term or provision of theseTerms and will deliver a reasoned written decision ("Award") to each party.
Any Award may be confirmed or enforced in any court having jurisdiction. The decision of thearbitrator will be final and binding and not subject to appeal or review. Each party will advanceone-half of the fees and expenses of the arbitrator, court reporter, and arbitration facility.
The prevailing party may be awarded costs and attorneys' fees reasonably incurred inconnection with the claims or defenses on which it prevails. Opposing awards of costs andattorneys' fees will be offset.
The parties will maintain the confidential nature of the arbitration proceeding, hearing, andAward except as necessary to conduct the arbitration, seek court remedies, enforce an Award,or as otherwise required by law.
Any documentary or other evidence produced in arbitration will be treated as confidential andwill not be disclosed to any third party (other than witnesses or experts), except as required bylaw or if obtained independently from the public domain.
Miscellaneous
You warrant and represent to [DEALERSHIP NAME] that you have all necessary rights, power,and authority to agree to these Terms and perform your obligations hereunder, and thatnothing contained in this Agreement or the performance of such obligations will place you inbreach of any other contract or obligation.
The failure of either party to exercise any right provided for herein will not be deemed a waiverof any further rights. If any provision of these Terms is found unenforceable or invalid, thatprovision will be limited or eliminated to the minimum extent necessary so that the remainder ofthese Terms remains in full force and effect.
Any new features, changes, updates, or improvements of the Program shall be subject to theseTerms unless explicitly stated otherwise in writing.
[DEALERSHIP NAME] reserves the right to change these Terms from time to time. Any updatesto these Terms shall be communicated to you. You acknowledge your responsibility to reviewthese Terms periodically and be aware of any such changes.
By continuing to participate in the Program after any such changes, you accept these Terms asmodified.
You further warrant and represent that you will not provide to [DEALERSHIP NAME] anytelephone number that is not assigned to you, and that if you obtain a new telephone number,you will promptly notify [DEALERSHIP NAME] that your prior telephone number is no longer assigned to you.