By enrolling in the Program, you consent for MagicURL and the Dealer to use an automated system to send marketing text messages to the telephone number(s) you provided at enrollment. You acknowledge that your consent to receive these messages is not required to purchase any goods or services.
MagicURL and the Dealer do not charge any fee to participate in the Program. Message and data rates may apply as provided in your mobile telephone service plan (please contact your mobile carrier for details).
You may opt-out of the Program by texting STOP in the text message thread from the Dealer. Please not that opting-out will unenroll you from the Program, and not other text messages or phone calls that you are receiving from MagicURL and/or the dealer. You may call Dealer at the Program phone number to change your communication preferences. If you are participating in any other text message programs provided by MagicURL, you must opt-out of those programs separately.
You may obtain assistance with the Program by calling the Program phone number or calling MagicURL at 1-833-TEXTIUM.
Your Mobile Number & Indemnification
You represent that you are the account holder for the mobile telephone number you provided and that you are a United States resident 18 years of age or older. If your phone number changes, you must notify MagicURL immediately at 1-833-TEXTIUM. You agree to indemnify MagicURL and Dealer for all claims, expenses and damages related to or caused in whole or in part by your failure to notify MagicURL immediately of a change in your telephone number.
Disclaimer of Warranties
The Program and all information conveyed by it are provided to you on an "AS-IS" and "AS AVAILABLE" basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. To the fullest extent permitted under applicable law, MagicURL and Dealer disclaim all warranties, whether express or implied, including without limitation, any warranties of title, merchantability, non-infringement and fitness for a particular purpose and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability. MagicURL and Dealer are not responsible for cellular network or equipment performance and you release it of any liability for claims based on hardware, software, electronic, network or other communications malfunctions such as incomplete messages, delayed transmissions or any technical difficulty that may limit your ability to send or receive a message.
The Program and these terms and conditions are governed by the laws of the State of Missouri, without regard to its conflict of laws principles.
Any controversy, claim or dispute arising out of or related to these SMS Terms or the Program, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a "Dispute") shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for consumer arbitration (the "Arbitration Rules"). The arbitration shall be conducted in Saint Charles County, Missouri before a single neutral arbitrator appointed in accordance with the Arbitration Rules with the option to appeal the arbitrator's decision to Optional Appellate Arbitration in accordance with the Arbitration Rules. The arbitrator shall not have the power to award punitive damages against any party. Arbitration costs and fees shall be divided according to the Arbitration Rules. To the fullest extent permitted by applicable law, attorneys’ fees shall be borne by each party independently and no party shall be liable for the attorneys' fees of the other party. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION OR SIMILAR PROCEDURAL DEVICE AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW BEFORE A JURY. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.