Terms & Conditions
By providing your phone number to 5th Gear Automotive and clicking submit, you agree to receive automated text messages from 5th Gear Automotive related to service visits, new bonuses, offers, and special deals. Consent to receive text messages is not required as a condition of any purchase. Reply HELP to 8339203765 for help, STOP to 8339203765 to cancel. Message and data rates may apply. 5th Gear Automotive Text Alerts program valid in the U.S. only. See Terms and Conditions for more information.
Terms and Conditions
SMS TERMS & CONDITIONS
ABOUT THE SERVICE
By signing up for the Service, you agree to receive recurring marketing text messages via the use of an automatic telephone dialing system, or autodialer, from 5th Gear Automotive. Promotional messages may include alerts regarding service visits, bonuses, offers, retailers, and special deals. Consent to receive text messages is not required as a condition of any purchase. Reply HELP to 8339203765 for help, and STOP, UNSUBSCRIBE, CANCEL, QUIT, or END to 8339203765 to unsubscribe. Message and data rates may apply.
UNSUBSCRIBING FROM THE SERVICE
To stop the service and cease receiving text messages at any time, please text STOP, CANCEL, UNSUBSCRIBE, QUIT, or END to 8339203765. You'll receive a one-time opt-out confirmation text message. After that you will not receive any future messages unless and until you re-subscribe to the Service.
You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Service prior to changing or relinquishing your mobile number.
OPTIONAL: The Service may not be available for all service providers or for all devices. The mobile operators participating in the Service include, but are not limited to AT&T, Sprint, Virgin Mobile, T-Mobile (T-Mobile is not liable for delayed or undelivered messages), MetroPCS (GSM), U.S. Cellular, and Verizon Wireless. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services. Pre-paid users may not be able to participate. Please check with your mobile operator. We make no representation, warranty or guarantee that a particular wireless service provider will enable you to participate in the Service. We may, in our sole discretion, add or delete a cellular carrier at any time, with or without notice.
Should you choose to exercise your right to delete your personal information under the California Consumer Privacy Act of 2018 and its implementing regulations (collectively, the “CCPA”), your phone number will be deleted and you will no longer receive recurring marketing messages. Once your phone number is deleted, you will no longer be subscribed to the Service.
For help or questions about the Service, reply HELP to any text message from the Service and follow the prompts. For additional support contact us at 8339203765.
You agree to indemnify, defend, and hold us harmless from any third party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own or that you relinquish without unsubscribing from the Service. You agree that we will not be liable for failed, delayed, or misdirected delivery of, any information sent through the Service; any errors in such information; any action you may or may not take in reliance on the information or service.
Currently, the Service is only available to residents of the United States. You may not subscribe, access, or attempt to access or use the Service from countries outside the United States.
You must be 18 years of age or older to receive messages. We reserve the right to require you to prove that you are at least 18 years of age if so requested.
These Terms and Conditions contain a predispute arbitration clause. By agreeing to these Terms and Conditions, and using the Service, you agree as follows:
- You and 5th Gear Automotive are both giving up the right to sue each other in court, including the right to a jury trial, except as provided by the rules of the arbitration forum in which a claim is filed.
- Arbitration awards are generally final and binding; a party’s ability to appeal or have a court reverse or modify an arbitration award is very limited.
- The ability of the parties to obtain documents, witness statements, and other discovery is generally more limited than in court proceedings.
- The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into these Terms and Conditions.
- No person will bring a putative or certified class action to arbitration, nor seek to enforce any predispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (1) the class certification is denied; (2) the class is decertified; or (3) the client is excluded from the class by a court. Such forbearance to enforce an agreement to arbitrate will not constitute a waiver of any rights under these Terms and Conditions except to the extent stated herein.
You agree that any controversy between you and 5th Gear Automotive arising out of or relating to these Terms and Conditions, and the Service, and whether arising before or after the date of these Terms and Conditions, shall be arbitrated and conducted under the provisions and rules of the American Arbitration Association (AAA) If any party unsuccessfully resists confirmation or enforcement of an arbitration award rendered under these Terms and Conditions, then that party shall pay all costs, attorneys’ fees, and expenses incurred by the other party or parties in confirming or enforcing the award. Arbitration must be initiated by service upon the other party of a written demand for arbitration or notice of intention to arbitrate. Judgment, upon any award rendered by the arbitrator, may be entered in and by any court having jurisdiction.