SMS Program Terms
THESE SMS PROGRAM TERMS CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE BELOW FOR ADDITIONAL INFORMATION.
If you enroll in the SMS Program we will send autodialed marketing text messages to the mobile number you provide during enrollment or automatically derived based on the mobile number you opted in from. You acknowledge that your consent to receive these messages is not required to purchase any products or services. You may also opt-in to the SMS Program by messaging MAZDA to the short code 57577. You can receive up to 10 messages per month.
SMS Program Description and Cost
MNAO will contact you regarding vehicle updates, offers and promotions, events, and Mazda News. MNAO does not charge any fees to participate in the SMS Program. Message and data rates may apply as provided in your mobile phone service plan (please contact your mobile carrier for details).
You may opt-in to the SMS Program by texting MAZDA to 57577. You will then receive one message confirming your opt-in. 10 msg/mo. Message and data rates may apply as provided in your mobile phone service plan (please contact your mobile carrier for details).
You agree that to opt-out of the SMS Program you must text STOP to 57577. You will then receive one message confirming your opt-out. Message and data rates may apply as provided in your mobile phone service plan (please contact your mobile carrier for details).
You may obtain assistance with the SMS Program by texting HELP to 57577 or by calling Mazda Customer Service at (800) 222-5500.
Your Mobile Number & Indemnification
You represent that you are the account holder for the mobile phone 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 MNAO immediately at (800) 222-5500. You agree to defend, indemnify, and hold MNAO, our affiliates, subsidiaries, joint venture, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless for all claims, expenses (including reasonable attorney’s fees) and damages related to or caused in whole or in part by your failure to notify MNAO immediately of a change in your telephone number.
Disclaimer of Warranties
The SMS 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, MNAO disclaims 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. MNAO is 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 SMS Program and these terms and conditions are governed by the laws of the State of California, without regard to its conflict of laws principles.
AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless. C Spire Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular. ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix(Keystone Wireless), Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missourri Cellular Limited, Panhandle Telecommunications Systems(PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone Company(Union Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star Wireless). Continued support of these carriers is at the discretion of MNAO and the continued operation and support of these carriers. Neither MNAO nor any carrier including, without limitation T-Mobile, shall be liable for delayed or undelivered messages.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MAZDA AGREE TO SUBMIT EXCLUSIVELY ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO THE SMS PROGRAM, THIS AGREEMENT, OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A “DISPUTE”) FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION, EXCEPT THAT YOU OR MAZDA MAY ASSERT CLAIMS IN SMALL CLAIMS ON AN INDIVIDUAL BASIS COURT IF THE CLAIMS QUALIFY.
THE ARBITRATION WILL BE ADMINISTRED BY THE AMERICAN ARBITRATION ASSOCIATION USING ITS CONSUMER ARBITRATION RULES.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE OR FEDERAL COURTS LOCATED IN CALIFORNIA, IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.
TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND MAZDA AGREE TO BEGIN ANY ARBITRATION WITHIN ONE YEAR AFTER A DISPUTE ARISES; OTHERWISE, ANY CLAIM ASSOCIATED WITH THE DISPUTE IS WAIVED.
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) YOU AND MAZDA EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND (II) YOU AND MAZDA ALSO EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD. THE ARBITRATOR'S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL. THE ARBITRATION WILL BE HELD IN ORANGE COUNTY, CALIFORNIA. IF YOU INFORM MAZDA THAT THIS LOCATION IS NOT CONVENIENT FOR YOU, MAZDA WILL WORK WITH YOU TO DETERMINE A MUTUALLY CONVENIENT LOCATION OR ARRANGE FOR REMOTE RESOLUTION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. IN THE EVENT THAT ARBITRATION IS NOT PERMITTED BY APPLICABLE LAW: (I) THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE WILL BE BROUGHT AND HEARD SOLELY AND EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COMPETENT JURISDICTION LOCATED IN ORANGE COUNTY, CALIFORNIA. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH COURTS ARE NOT THE APPROPRIATE VENUE OR THAT THEY ARE NOT SUBJECT TO PERSONAL JURISDICTION OF SUCH COURTS.
If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. Regardless of who initiates the arbitration, Mazda will pay any other arbitration fees, including your share of arbitrator compensation.
If the arbitrator rules against Mazda, in addition to accepting whatever responsibility is ordered by the arbitrator, Mazda will reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration, unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith. In addition, if the arbitrator rules in Mazda’s favor, it will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration, unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith.
IN THE EVENT THAT ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE, ALL OTHER TERMS WITHIN THE AGREEMENT TO ARBITRATE SHALL REMAIN IN FULL FORCE AND EFFECT.
If you're not sure what all of this means, of course please feel free to ask an attorney.
If any provision of these SMS Terms & Conditions is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these SMS Terms & Conditions unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
LAST REVISED: June 7, 2021