Last updated: June 12, 2023
By participating in any of the Programs, you agree to these Terms. Please read them carefully.
- Programs: The automated reminder and informational text messages, including SMS and MMS, sent by KABI, LLC to participants on behalf of participating dealership locations.
- KABI, LLC (KABI Automotive): The service provider offering the Programs. KABI, LLC is an Independent Software Vendor (ISV) that operates scheduling and appointment software on behalf of participating dealership locations.
- Participant: The individual or company that receives automated text messages delivered on behalf of the participating dealership location.
- Participating Dealership Location: The automotive dealership or dealership group that has engaged KABI, LLC as the ISV for scheduling and appointment software and for the delivery of related text messages in the Program.
- Opt In: Refers to the actions taken by the participant to schedule an appointment with the participating dealership location either in person, online, or via phone.
- Mobile Telephone Number: Refers to the phone number provided during opt in for the Programs or any other number designated by the participant.
- Short Code: Refers to the abbreviated phone number used to send the text messages.
Consent to Receive Messages
You agree to receive automated reminder and informational text messages from KABI, LLC, including messages sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. All the different types of messages you may receive (whether reminder messages, on-demand reply messages, or otherwise) shall be collectively known as the “Programs.” Consent to receive automated marketing text messages is not a condition of any purchase.
You may choose to participate in the Programs by providing your phone number through various channels, including online website, telephone, or in-person. By providing your phone number and opting in, you consent to receive recurring automated reminder and informational text messages from KABI, LLC.
When opting in via online website, you will be prompted to enter your phone number and provide your consent to receive text messages. Similarly, when opting in over the telephone, a representative will request your phone number and confirm your consent verbally. In-person opt-in may occur when you provide your phone number and express your consent during a visit to the participating dealership location.
Message and Data Rates
Participation in the Programs may result in message and data rates from your mobile service provider. These rates may apply to both incoming and outgoing text messages. You are responsible for any costs or fees associated with these rates.
We recommend contacting your mobile service provider directly to inquire about the specific message and data rates that apply to your mobile plan. By participating in the Programs, you acknowledge and agree that you are responsible for any applicable charges imposed by your mobile service provider.
We are not responsible for any charges, fees, or overage costs incurred from your mobile service provider as a result of your participation in the Programs.
Message Frequency and Changes
Message frequency will vary. KABI, LLC reserves the right to alter the frequency of messages sent at any time, increasing or decreasing the total number of sent messages. KABI, LLC also reserves the right to change the short code or phone number from which messages are sent.
Device Support and Delivery
Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. KABI, LLC, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Data Collection and Usage
KABI, LLC takes the security of your personal information seriously. We have implemented appropriate technical and organizational measures to protect your data from unauthorized access, alteration, disclosure, or destruction. Despite these measures, please be aware that no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee the absolute security of your data.
As a participant in the Programs, you have certain rights regarding your personal data. You have the right to access, rectify, and delete your information. If you would like to exercise any of these rights or have any questions or concerns about the data we collect, please contact us using the contact information provided at the end of this document.
Third-Party Service Providers
KABI, LLC may engage third-party service providers to assist in the provision of the Programs. These service providers may have access to your personal data to perform services on our behalf. We ensure that any third-party service providers we engage are reputable and take appropriate measures to protect the confidentiality and security of your data.
Applicable Law and Jurisdiction
These Terms, including any disputes arising out of or related to the Programs, shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Agreement to Terms
BY OPTING IN TO OR PARTICIPATING IN ANY OF THE PROGRAMS, YOU ACCEPT AND AGREE TO THESE TERMS, INCLUDING, WITHOUT LIMITATION, YOUR AGREEMENT TO RESOLVE ANY DISPUTES THROUGH BINDING, INDIVIDUAL-ONLY ARBITRATION WITH JURY TRIAL AND CLASS ACTION WAIVERS, AS DETAILED IN THE “DISPUTE RESOLUTION” SECTION BELOW.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in accordance with the rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted by a single arbitrator in Bakersfield, CA, unless otherwise mutually agreed upon by the parties.
The arbitration proceedings shall be confidential and conducted in English. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and KABI, LLC agree that any dispute resolution proceedings 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 in arbitration, you and KABI, LLC waive any right to a jury trial.
If you do not wish to continue participating in any Program or no longer agree to these Terms, you agree to text the applicable Short Code (or regular long code phone number where applicable) or directly reply to any mobile message received from a Program with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out of that Program at any time. You may receive an additional mobile message confirming your decision to opt out. The foregoing options are the only reasonable and exclusive methods of opting out. Any other method of opting out, including texting words or phrases other than those set forth above or verbally requesting KABI, LLC to remove you from our list, is not a reasonable means of opting out. You may be subscribed to multiple Programs across different Short Codes or regular long code phone numbers; therefore, you must text the STOP keyword specific to each Program to unsubscribe from that particular Program. Opting out of one Program will not automatically opt you out of other Programs.
Changes to Terms
KABI, LLC reserves the right to revise these Terms at any time. Any revisions will be effective immediately upon posting the updated Terms on the KABI, LLC website located at https://kabiauto.com/privacy. By continuing to participate in any Program after any revisions to these Terms, you agree to be bound by the revised Terms.
For further information or assistance regarding these Terms, the Programs, or if you have questions or concerns, please contact us at email@example.com.