IMPORTANT! PLEASE READ THESE AUTOCARE PRO’S SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY AUTOCARE PRO’S (“AUTOCARE PRO’S” OR “WE” OR “US”) TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF AUTOCARE PRO’S TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE AUTOCARE PRO’S SMS TERMS AND CONDITIONS. FURTHERMORE, THESE AUTOCARE PRO’S SMS TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH AUTOCARE PRO’S ARE RESOLVED.
By signing up for one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from AutoCare Pro’s and others texting on its behalf, at the telephone number(s) that you provide. You may opt out of these communications at any time. Consent to receive text messages is not a condition of any purchase.
Program Description AutoCare Pro’s text messages are intended to provide you with marketing and promotional information regarding AutoCare Pro’s products and services (e.g., events and promotions offered by AutoCare Pro’s or any of its authorized dealers). We may also provide you with transaction-related information.
Message Frequency The number of AutoCare Pro’s text messages that you receive will vary depending on which AutoCare Pro’s text messaging programs you sign up for and the frequency of the messages sent by those programs.
Cost Message and data rates may apply to each text message sent or received in connection with AutoCare Pro’s text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. AutoCare Pro’s does not impose a separate fee for sending AutoCare Pro’s text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
How to Opt-In To opt-in to receive text messages from an AutoCare Pro’s text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial text message (e.g., Y or Yes).
How to Opt-Out To stop receiving text messages from a specific AutoCare Pro’s text messaging program, text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit number from which its text messages are being sent). You acknowledge that you may then receive one (1) final message from AutoCare Pro’s confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with that five-digit short code. You will remain opted in to other AutoCare Pro’s text messaging programs.
Your Mobile Telephone Number You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying AutoCare Pro’s immediately if you change your mobile telephone number. You may notify AutoCare Pro’s of a number change by contacting AutoCare Pro’s Customer Care at (979) 300-8722.
You agree to indemnify AutoCare Pro’s in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify AutoCare Pro’s if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Access or Delivery to Mobile Network is Not Guaranteed It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of AutoCare Pro’s control, and AutoCare Pro’s is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).
Supported Carriers Supported carriers may change from time to time, but currently include AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), and Google Voice, among others. Carriers are not liable for delayed or undelivered messages. T-Mobile® is not liable for delayed or undelivered messages.
Support/Help To request more information, text HELP to (979) 300-8722 if you have questions. You may also receive help by contacting AutoCare Pro’s Customer Care at (979) 300-8722.
Eligibility To receive AutoCare Pro’s text messages, you must be a resident of the United States and 18 years of age or older. AutoCare Pro’s reserves the right to require you to prove that you are at least 18 years of age.
Changes to Terms and Conditions AutoCare Pro’s may revise, modify, or amend these AutoCare Pro’s SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to AutoCare Pro’s website. You agree to review these AutoCare Pro’s SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive AutoCare Pro’s text messages will indicate your acceptance of those changes.
Termination of Text Messaging We may suspend or terminate your receipt of AutoCare Pro’s text messages if we believe you are in breach of these AutoCare Pro’s SMS Terms and Conditions. Your receipt of AutoCare Pro’s text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. AutoCare Pro’s reserves the right to modify or discontinue, temporarily or permanently, all or any part of AutoCare Pro’s text messages, with or without notice.
Privacy Your privacy is important to us. Please see our privacy statement on our website to review our privacy practices.
Arbitration and Class Action Waiver Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your receipt or use of AutoCare Pro’s text messages will be resolved by binding arbitration, rather than court.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and AutoCare Pro’s or AutoCare Pro’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or AutoCare Pro’s may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and AutoCare Pro’s hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these AutoCare Pro’s Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AUTOCARE PRO’S ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND AUTOCARE PRO’S AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration