Terms and Conditions

Program Description

Mercedes-Benz of Los Angeles, including its subsidiaries and affiliated dealership locations, offers its Mobile Alert Program, 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; marketing 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 Mercedes-Benz of Los Angeles, 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 Mercedes-Benz of Los Angeles in order to opt out of the Program.

User Opt-In

The Program allows users to receive SMS/MMS/RCS, or successor protocols or technologies (“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 voluntarily providing your telephone number(s), you expressly agree to receive ongoing and recurring, automated or autodialed mobile messages, including informational and/or promotional messages from Mercedes-Benz of Los Angeles or third parties acting on our behalf. You acknowledge that mobile messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive mobile messages from Mercedes-Benz of Los Angeles, even if you cancel your account or terminate your relationship with us, except if you opt-out (see below). You may opt-out at any time by following the Opt-Out Instructions below. For help, text HELP in response to any message from us or contact Customer Service.  Standard text messaging and data rates may apply through your service provider. You understand that you do not have to agree to receive automated promotional mobile messages as a condition of purchasing any goods or services.

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 Mercedes-Benz of Los Angeles.
Message Frequency: Message frequency varies

Contact Information (HELP Command)

For support, reply HELP to any message from Mercedes-Benz of Los Angeles.

User Opt-Out and Additional Commands

Your consent to receive automated and/or telemarketing calls and texts is completely voluntary. You may opt-out at any time, including by replying STOP to any text message you receive. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out; this message may also seek to clarify the scope of your opt-out.  It is your sole responsibility to notify us if you no longer want to receive automated mobile messages. You waive any rights to bring claims for unauthorized or undesired mobile messages by failing to opt-out immediately. Please allow up to ten (10) business days to process any opt-out request. Please note that if you opt out of automated mobile messages, we reserve the right to make non-automated calls to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request made to Mercedes-Benz of Los Angeles. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.

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

Mercedes-Benz of Los Angeles 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.

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.

Indemnification

You agree to indemnify and defend Mercedes-Benz of Los Angeles from and against losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) relating to any privacy, tort or other claims, demands, or actions, whether actual or alleged, including those arising under the Federal Telephone Consumer Protection Act or any state law equivalents, and those relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number, We shall have the exclusive right to choose counsel, at your expense, to defend any such claims. Your obligations under this Section will survive expiration or termination of these Terms.

Dispute Resolution

In the event that there is a dispute, claim or controversy between you and Mercedes-Benz of Los Angeles, or between you and any third-party acting on Mercedes-Benz of Los Angeles’ behalf in connection with the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, Mercedes-Benz of Los Angeles’ 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 verify that any contact information provided to Mercedes-Benz of Los Angeles, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. If you provide your phone number(s) in conjunction with a business account or designation, you represent and warrant that any such number is a business telephone number and agree it shall not be treated as a residential telephone line for purposes of any communications from or on behalf of Mercedes-Benz of Los Angeles. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any mobile message.

You warrant and represent to Mercedes-Benz of Los Angeles 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. Mercedes-Benz of Los Angeles 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 Mercedes-Benz of Los Angeles any telephone number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify Mercedes-Benz of Los Angeles that your prior telephone number is no longer assigned to you.