Program Description
This website (the "Site") is operated by Crabtree Motor Group which consists of the following
subsidiaries located in the State of Connecticut: Colonial Toyota, Milford, Crabtree Toyota,
Watertown, Crabtree Nissan, Middlebury, Crabtree Lexus, East Haven (relocating to
Milford), Crabtree Chevrolet, East Haven, and Crabtree Collision Center, Watertown
("CMG"). Dealer Dot Com, Inc. ("DDC") powers the Site. CMG, including its subsidiaries and
affiliated dealership locations, offers its 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 CMG, 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 CMG in 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 CMG. Message Frequency: Message frequency varies
Contact Information (HELP Command)
For support, reply HELP to any message from CMG.
You may also contact us at:
Email: itdept@crabtreemotorgroup.com
Phone: 2038787401
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
CMG 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.crabtreenissan.com/privacy.htm
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
In the event that there is a dispute, claim or controversy between you and CMG, or between
you and any third-party acting on CMG's behalf in connection with the Program, arising out
of or relating to federal or state statutory claims, common law claims, these Terms, CMG's
Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof,
including the determination of the scope or applicability of this agreement to arbitrate,
such dispute, claim or controversy will be determined by arbitration before one arbitrator.
The arbitration will be administered by the American Arbitration Association ("AAA") and be
conducted virtually. The Consumer Arbitration Rules of the AAA in effect at the time the
arbitration is commenced shall apply. The arbitrator will apply the substantive law of the
state of New Jersey, exclusive of its conflict or choice of law rules. Nothing in this paragraph
will preclude the parties from seeking provisional remedies in aid of arbitration from a court
in New Jersey. The parties acknowledge that this Agreement evidenced a transaction
involving interstate commerce. Notwithstanding the provision in this paragraph with
respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will
govern any arbitration conducted pursuant to these Terms. Either party may commence
arbitration by providing the other party to the dispute a written demand for arbitration,
setting forth the subject of the dispute and the relief requested ("Arbitration Demand").
To the fullest extent permitted by law, each of the parties agrees that any proceeding,
whether in arbitration or in court, 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 through arbitration, each party knowingly and irrevocably waives any right to
trial by jury in any action, proceeding or counterclaim arising out of or relating to this
Agreement or any of the transactions contemplated hereby. You also agree to the exclusive
jurisdiction of the state or federal courts located in New Jersey.
The appointed arbitrator may award monetary damages and any other remedies allowed by
the state law designated above. In making his or her determination, the arbitrator will not
have the authority to modify any term or provision of these Terms. The arbitrator will deliver
a reasoned written decision with respect to the dispute (the "Award") to each party, who
will promptly act in accordance with the Award. Any Award (including interim or final
remedies) may be confirmed or enforced in any court having jurisdiction, including any
court having jurisdiction over either party or its assets. The decision of the arbitrator will be
final and binding on the parties, and will not be subject to appeal or review. Each party will
advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of
the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any
arbitration arising out of or related to these Terms, the arbitrators will award to the
prevailing party, if any, costs and attorneys' fees reasonably incurred by the prevailing party
in connection with that aspect of its claims or defenses on which it prevails, and any
opposing awards of costs and attorneys' fees awards will be offset. The parties will
maintain the confidential nature of the arbitration proceeding, the hearing and the Award,
except as may be necessary to prepare for or conduct the arbitration hearing on the merits,
or except as may be necessary in connection with a court application for a preliminary
remedy, or confirmation of an Award or its enforcement, or unless otherwise required by
any applicable law. Any documentary or other evidence produced in any arbitration
hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will
not be disclosed to any third person (other than witnesses or experts), except as required
by any applicable law or except if such evidence was obtained from the public domain or is
otherwise obtained independently of the arbitration.
Miscellaneous
You warrant and represent to CMG 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. CMG 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
CMG any telephone number that is not assigned to you, and that if you obtain a new
telephone number, you will promptly notify CMG that your prior telephone number is no
longer assigned to you.
