Last updated 07/21/2020
BY OPTING IN TO OR USING A CARMAX TEXT MESSAGE SERVICES (“CARMAX TEXTING SERVICE” OR “CARMAX TEXTING SERVICES”), YOU ACCEPT AND AGREE TO THESE TEXT MESSAGE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”). If you do not agree with these Terms and Conditions, you must immediately cease using the CarMax Texting Services and opt out, as instructed below.
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS: THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT MAY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN IN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS. THESE TERMS AND CONDITIONS ALSO PROHIBIT YOUR PARTICIPATION IN CLASS ACTIONS OF ANY KIND. THE ARBITRATION AGREEMENT IS FOUND IN THE “DISPUTES” SECTION BELOW.
For purposes of these Terms and Conditions, “opt in,” “opting in,” and “opt-in” refers to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages from CarMax. “CarMax Texting Services” refers to any arrangement or situation in which CarMax sends (or indicates it may send or receives a request that it send) one or more text messages via a short code or long code. “CarMax” refers to CarMax Business Services, LLC and its affiliates.
A. Opting In
By opting in to a CarMax Texting Service:
After opting in, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as a request to confirm your opt-in.
B. About the CarMax Texting Services
Although CarMax Texting Services are complimentary, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier. The CarMax Texting Services are not compatible with all cell phone models.
Unless otherwise noted, CarMax Texting Services may consist of multiple, recurring messages. CarMax may terminate any CarMax Texting Service or your participation in any CarMax Texting Service at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply. CarMax reserves the right to alter message frequency at any time.
You agree that the CarMax Texting Services may contain information of a personal nature, including (but not limited to) appointment information and finance application results, and whoever has access to the mobile phone or carrier account will also be able to see this information. You acknowledge and understand that messages are sent without encryption, which presents some security risk.
C. Opt Out and Help
For CarMax Texting Services operated through 227629, you can get help by texting HELP to 227629, and you can opt out by texting STOP to 227629. For CarMax Texting Services operated through a different number, text HELP to that number for help and STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the CarMax Texting Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification.
If you change or deactivate your mobile phone number, please contact CarMax at 1-800-519-1511 to remove your number from any applicable CarMax Texting Services.
If you have further questions, please contact CarMax at 1-800-519-1511.
D. Mobile Carriers
Supported mobile carriers may change from time to time, but CarMax Texting Services are currently supported on the following U.S. carriers for SMS messages: Sprint, Verizon, AT&T, T-Mobile, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless). CarMax Texting Services are currently supported on the following U.S. carriers for MMS messages: Sprint, Verizon, AT&T, and T-Mobile.
Please note, however, that the supporting mobile carriers may change without notice, and the CarMax Texting Service you opt in to, including those operated through a different number, may be limited to specific carriers. CarMax and the mobile carriers are not liable for delayed or undelivered messages.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. By using or accessing the CarMax Texting Services, you agree to this Disputes Section. Arbitration is a way of resolving disputes before one or more neutral persons, instead of having a trial in court before a judge and/or jury.
YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW:
(1) ANY AND ALL CLAIMS (DEFINED BELOW) WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS DISPUTES SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF A CLASS IN A CLASS ACTION (“CLASS ACTION WAIVER”) AND
(2) IF YOU OR WE CHOOSE ARBITRATION, THEN ARBITRATION SHALL BE MANDATORY AND:
(A) ANY CLAIM WILL BE DECIDED BY ARBITRATION AND NOT IN COURT OR BY A JURY TRIAL;
(B) DISCOVERY AND RIGHTS TO APPEAL ARE LIMITED BY THE ARBITRATION RULES OF THE ARBITRATION ADMINISTRATOR; AND
(C) OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
A “Claim” is any claim, dispute or controversy between you and us that in any way arises from or relates to the CarMax Texting Services and/or these Terms and Conditions, including but not limited to:
a) Commencing Arbitration. Either you or we may require any Claim to be arbitrated by first sending to the other party, by certified mail, a written notice of dispute (“Notice”). This Notice shall (1) describe the nature and basis of the Claim and (2) set forth the specific relief sought. If we do not reach an agreement to resolve the Claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding.
Arbitration of a Claim must comply with this Arbitration Provision and the applicable rules and procedures of the arbitration Administrator. Arbitration is not mandatory for an individual Claim that you or we may choose to bring in small claims court or the state’s equivalent court, if any. If that Claim is transferred, removed or appealed to a different court, you or we then may choose arbitration.
b) Choosing the Administrator. If you initiate the arbitration proceeding, you may choose either of the following arbitration Administrators: (1) American Arbitration Association, 120 Broadway, New York, NY 10271, www.adr.org, (800) 778-7879 or (2) JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614, www.jamsadr.com, (800) 352-5267. The Administrator you choose will have rules that apply to the proceeding. Important information regarding the arbitration process and more complete information regarding arbitration procedures may be found at either Administrator’s website. If the Administrator you choose is unable or unwilling or ceases to serve as the Administrator, you or we may choose the other Administrator. If both Administrators are unable or unwilling or cease to serve as the Administrator, you or we may choose another Administrator, subject to the other’s approval. In all cases, any arbitrator must be a lawyer or a retired judge with at least 10 years of legal experience. If we initiate the arbitration proceeding, we will give you 20 days to choose the Administrator. If you do not choose the Administrator within that time, we will choose one for you. No matter which Administrator is chosen, you shall have the right to be represented by an attorney of your own choosing, subject to any limitations in the Administrator’s rules.
c) Choosing the Location. Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.
d) Paying for Arbitration. Each Administrator charges fees to administer an arbitration proceeding. This may include fees not charged by a court. When you choose an Administrator, you should carefully review the fees charged by the Administrator. The fees and costs of any arbitration, including any initial filing fees, shall be paid in accordance with the rules and procedures of the Administrator. Each party must pay the expense of that party’s attorneys, experts, and witnesses, regardless of which party prevails in the arbitration, unless applicable law or the Administrator’s rules, procedures or standards provide otherwise.
e) Class Action Waiver. YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS MEANS THAT YOU MAY NOT BE A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION WITH RESPECT TO ANY CLAIM. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s Claim or Claims. Notwithstanding any other part of this Disputes section, the validity and effect of the Class Action Waiver must be determined only by a court and not by an arbitrator. If a court limits or voids the Class Action Waiver, then this entire Disputes Section (except for this paragraph) will be null and void.
f) Right to Discovery. The parties shall have the right to discovery of non-privileged information and documents relevant to the Claim, subject to the rules and procedures of the Administrator.
g) Arbitration Result and Right of Appeal. Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. In response to a timely request from either party, the arbitrator must provide a brief written explanation of the basis for any award. The arbitrator’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act. Any party can appeal the award to a three-arbitrator panel administered by the Administrator, which must reconsider any aspect of the initial award requested by the appealing party. Reference in this Disputes Section to the “arbitrator” means the panel of arbitrators if an appeal of the arbitrator’s decision has been taken. Subject to applicable law, costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal, unless applicable law or the Administrator’s rules provide otherwise. However, we will consider any good faith, reasonable request for us to pay all or any part of those fees if you are the appealing party.
h) Governing Law. This Disputes Section is governed by the Federal Arbitration Act and not by any state arbitration law. The arbitrator must apply applicable statutes of limitations and claims of privilege recognized at law, and applicable substantive law consistent with the Federal Arbitration Act. The arbitrator is authorized to award all individual remedies permitted by the substantive law that would apply if the action were pending in court.
F. Governing Law; Waiver of Trial by Jury
By using the CarMax Texting Services, you agree that federal law (including federal arbitration law) and laws of the Commonwealth of Virginia, without regard to the principles of conflict of laws, will govern your use. Any disputes, claims, and actions arising from or in connection with the CarMax Texting Services or these Terms and Conditions that are not arbitrated or that otherwise result in court action will be resolved exclusively by a state or federal court in the Commonwealth of Virginia, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. YOU AND CARMAX BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.
G. Disclaimer of Warranties
THE CARMAX TEXTING SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CARMAX TEXTING SERVICES. CARMAX MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CARMAX TEXTING SERVICES, AND DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. THE CARMAX TEXTING SERVICES COULD CONTAIN INACCURACIES, OTHER ERRORS, OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
H. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, CARMAX WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE CARMAX TEXTING SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE CARMAX TEXTING SERVICES, THAT YOUR USE OF THE CARMAX TEXTING SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.