Terms and Conditions
Program Description
Ray Price Mount Pocono Motors, Inc., including its subsidiaries and affiliated
dealership locations, offers its MyKaarma, a 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 to them; vehicle service
alerts and appointment reminders; deals and special offers. By providing your 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 receive communications
from Ray Price Chrysler Dodge Jeep RAM, including by text message. If you do not wish to continue
participating in the Program or no longer agree to these Terms, you can reply "STOP"
to any mobile message from Ray Price Chrysler Dodge Jeep
RAM in order to opt out of the Program.
User Opt-In
The Program allows users to receive
SMS/MMS/RCS ("mobile") alerts by affirmatively opting in through 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 telephone dialing system;
however, by opting in, you agree to receive automated or autodialed mobile
messages, 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 on your interactions with Ray Price Chrysler Dodge Jeep RAM. Message Frequency: Message
frequency varies
Contact Information (HELP
Command)
For support,
reply HELP to any message from Ray Price Chrysler Dodge Jeep RAM. You
may also contact us at: Email: e-news@raypricecars.com Phone: 570-839-1111
User
Opt-Out and Additional Commands
To opt out of
receiving mobile messages, reply STOP to any message. You may receive a
confirmation message after opting out.
The Program may
recognize additional command keywords and may respond with informational
messages 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 to these Terms,
including any future modifications.
Text Messaging
If you provide a mobile number and opt in to receive text messages from us, we may use your mobile number to send messages related to dealership services, customer care, transactions, appointments, service updates, and other communications supported by our messaging program.
Message and data rates may apply. Message frequency may vary. Reply STOP to opt out of text messages. Reply HELP for help.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties, except with service providers that support the delivery and operation of our text messaging program.
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
Ray Price Chrysler Dodge Jeep RAM is not liable for delays or failures in message delivery. Delivery depends on
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 deliver messaging
services and is subject to our Privacy Policy. For full details, review our
Privacy Policy at: https://www.raypricechryslerjeep.com/privacy.htm
We may disclose
your information when required by law or as necessary to operate the Program,
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 Ray Price Chrysler Dodge Jeep RAM , or between you and any third-party acting on Ray Price Chrysler Dodge Jeep RAM's behalf in connection with the Program, arising out of or relating to federal or
state statutory claims, common law claims, these Terms, Ray Price Chrysler Dodge Jeep RAM's Privacy Policy, or the breach, termination, enforcement, interpretation or
validity thereof, including the determination of the scope or applicability of
this agreement to arbitrate, such dispute, claim or controversy will be
determined by arbitration before one arbitrator. The arbitration will be
administered by the American Arbitration Association ("AAA") and be conducted
virtually. The Consumer Arbitration Rules of the AAA in effect at the time the
arbitration is commenced shall apply. The arbitrator will apply the substantive
law of the state of 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 of arbitration from a court in New Jersey. The
parties acknowledge that this Agreement evidenced a transaction involving
interstate commerce. Notwithstanding the provision in this paragraph with
respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§
1-16) will govern any arbitration conducted pursuant to these Terms. Either
party may commence arbitration by providing the other party to the dispute a
written demand for arbitration, setting forth the subject of the dispute and
the relief requested ("Arbitration Demand"). Ray Price Chrysler Dodge Jeep RAM's Privacy
Policy, or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this
agreement to arbitrate, such dispute, claim or controversy will be determined
by arbitration before one arbitrator. The arbitration will be administered by
the American Arbitration Association ("AAA") and be conducted virtually. The
Consumer Arbitration Rules of the AAA in effect at the time the arbitration is
commenced shall apply. The arbitrator will apply the substantive law of the
state of 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 of arbitration from a court in New Jersey. The parties acknowledge that
this Agreement evidenced a transaction involving interstate commerce.
Notwithstanding the provision in this paragraph with respect to applicable
substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any
arbitration conducted pursuant to these Terms. Either party may commence
arbitration by providing the other party to the dispute a written demand for
arbitration, setting forth the subject of the dispute and the relief requested
("Arbitration Demand").
To the fullest extent
permitted by law, each of the parties agrees that any proceeding, whether in
arbitration 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 than through arbitration, each party knowingly and
irrevocably waives any right to trial by jury in any action, proceeding or
counterclaim arising out of or relating to this Agreement or any of the
transactions contemplated hereby. 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 by the state law designated above. In
making his or her determination, the arbitrator will not have the authority to
modify any term or provision of these Terms. The arbitrator will deliver a
reasoned written decision with respect to the dispute (the "Award") to each
party, who will promptly act in accordance with the Award. Any Award (including
interim or final remedies) may be confirmed or enforced in any court having jurisdiction,
including any court having jurisdiction over either party or its assets. The
decision of the arbitrator will be final and binding on the parties, and will
not be subject to appeal or review. Each party will advance one-half of the
fees and expenses of the arbitrator, the costs of the attendance of the court
reporter at the arbitration hearing, and the costs of the arbitration facility.
In any arbitration arising out of or related to these Terms, the arbitrators
will award to the prevailing party, if any, costs and attorneys' fees
reasonably incurred by the prevailing party in connection with that aspect of
its claims or defenses on which it prevails, and any opposing awards of costs
and attorneys' fees awards will be offset. The parties will maintain the
confidential nature of the arbitration proceeding, the hearing and the Award,
except as may be necessary to prepare for or conduct the arbitration hearing on
the merits, or except as may be necessary in connection with a court
application for a preliminary remedy, or confirmation of an Award or its
enforcement, or unless otherwise required by any applicable law. Any
documentary or other evidence produced in any arbitration hereunder will be
treated as confidential by the parties, witnesses and arbitrators, and will not
be disclosed to any third person (other than witnesses or experts), except as
required by any applicable law or except if such evidence was obtained from the
public domain or is otherwise obtained independently of the arbitration.
Miscellaneous
You warrant and represent to Ray Price Chrysler Dodge Jeep RAM 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 these Terms 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 these Terms unless explicitly stated otherwise in
writing. Ray Price Chrysler Dodge Jeep RAM reserves the right to change these Terms from time to time. Any updates
to these Terms shall be communicated to you. You acknowledge your
responsibility to review these Terms 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 these Terms, as modified. You further warrant and represent
that you will not provide to Ray Price Chrysler Dodge Jeep RAM any telephone number that is not assigned to you, and
that if you obtain a new telephone number, you will promptly notify Ray Price Chrysler Dodge Jeep RAM that your prior
telephone number is no longer assigned to you.