Terms of Use

Program Description

Jim Keras Automotive Group, Inc and each of our subsidiaries and affiliated entities under common ownership and control (collectively, “Dealership” or “we” or “us”) offers 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 the Dealership, 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 the Dealership 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 the Dealership.

Message Frequency: Message frequency varies

Contact Information (HELP Command)

For support, reply HELP to any message from the Dealership.

You may also contact us at:

Email: csc@jimkeras.com

Phone: (901) 373-2735

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.

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

The Dealership 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.jimkeras.com/privacy-policy

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, Arbitration Agreement, Class Action Waiver

Initial Dispute Resolution Procedure 

Notice of Dispute, Requirement to Attempt to Resolve Disputes Informally. 

By visiting the Sites and/or using the Services you and Dealership agree that if there is any controversy, claim, action, proceeding, demand, or dispute arising out of or related to your visit to the Sites, use of the Services, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (hereinafter “Dispute”), both you and we shall first try in good faith to resolve such Dispute informally by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) calendar days in which to respond to or resolve the Dispute. Notice shall be sent to us at ATTN: PO Box 280809, Memphis, TN, 38168 , and to you at the address or email we have on file for you. Both you and the Dealership agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. This notice and informal resolution requirement will not apply to the extent it is prohibited by law.

Arbitration, Class Action Waiver

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE INITIAL DISPUTE RESOLUTION PROCEDURE, WE BOTH AGREE THAT THE DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. 

This means that if you and we have a Dispute that is not resolved in the informal process described in section 3.1 above, we both agree to resolve it through arbitration. Arbitration means that a neutral third party will hear both sides and make a decision. This is different from a court trial, where a judge or jury hears the case in a formal court setting and makes a decision. We both agree not to sue each other in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will be before a single arbitrator and the arbitrator’s decision will be final and binding on both of us. The arbitration will be held pursuant to the rules of the American Arbitration Association - Consumer Arbitration Rules (if you are a business, the American Arbitration Association - Commercial Arbitration Rules will apply instead) (as applicable, the “Rules”). You can access a copy of the rules at: www.adr.org/rules. The Rules provide the steps required to start an arbitration case. 

This arbitration agreement does not apply to Disputes that you or we bring against the other party that are within the jurisdiction of small claims court. If the amount in controversy of a Dispute in small claims court exceeds the jurisdiction of the small claims court, that Dispute will be subject to this arbitration agreement. 

Class action waiver. We both agree that any Dispute will be handled individually. This means that you or we cannot join together with other people who have a similar problem to bring a single case against the other party. You also cannot be part of a class action lawsuit (or class action arbitration) against us, and we cannot be a part of a class action lawsuit (or class action arbitration) against you. By using our Services, and visiting our Site, you agree to this arbitration agreement and class action waiver. If you do not agree, please do not use our Services or visit our Site. If any part of this arbitration agreement and/or class action waiver is found to be invalid or cannot be enforced, the rest of the arbitration agreement and class action waiver will still apply. The arbitrator will decide if any part is invalid or cannot be enforced.

Other Arbitration Agreements

In the event of a conflict between this arbitration agreement and any other arbitration agreement between you and the us, such as an arbitration agreement contained in a retail installment sale contract, purchase order, lease agreement, or repair estimate (hereinafter “Other Arbitration Agreement”), the terms of the Other Arbitration Agreement shall govern and prevail in each instance.

Venue And Choice Of Law

This Policy has been made in, and shall be construed in accordance with the laws of Tennessee without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in that state and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Miscellaneous

You warrant and represent to the Dealership 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. The Dealership 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 the Dealership any telephone number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify the Dealership that your prior telephone number is no longer assigned to you.