Carlyle Tools Text Message Service Terms & Conditions

By opting into or using the CARLYLE TOOLS text message service (the “Text Message Service”), you accept these Terms & Conditions and agree to resolve disputes with CARLYLE TOOLS through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the “Disputes” section below.

Definitions

• “Text Message Service” includes any arrangement or situation in which CARLYLE TOOLS sends (or indicates that it may send, or receives a request that it send) one or more text messages.
• “Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages from CARLYLE TOOLS.
• “Carlyle Tools” means Genuine Parts Company, d/b/a NAPA Auto Parts, the National Automotive Parts Association and Carlyle Tools

Opting In

From time to time, CARLYLE TOOLS may advertise the opportunity to participate in the Text Message Service and receive alerts and information via text message from CARLYLE TOOLS, (Message frequency varies). You acknowledge and agree that you are Opting In to the Text Message Service by texting a specific keyword to a specific short code as specified in the applicable CARLYLE TOOLS text message. You also authorize CARLYLE TOOLS to include marketing content in any such messages. You authorize CARLYLE TOOLS to electronically capture your Opt-In consent via text or other means. Your consent is not a condition of purchase or participation in programs other than the Text Messaging Service.

By "Opting In"

• You authorize CARLYLE TOOLS to use autodialer or other technology to send text messages to the cell phone number associated with your Opt In (i.e., the number from which you send the Opt In request).
• You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
• If you change or deactivate your mobile number it is your responsibility to notify CARLYLE TOOLS at [email protected] to have your number removed or changed.
• Message and data rates may apply. Unless otherwise noted, CARLYLE TOOLS may send multiple, recurring messages and/or terminate the Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received.

Disputes

Please read this “Disputes” section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of through court trials and class actions. Arbitration uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms & Conditions.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. YOU AND CARLYLE TOOLS ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND CARLYLE TOOLS AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

• Binding Arbitration. Any dispute or claim arising out of or relating to these Terms & Conditions, your access to or participation in the Text Message Service, or your relationship with CARLYLE TOOLS (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms & Conditions, your participation in the Text Message Service, or your relationship with CARLYLE TOOLS, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.
• Arbitration Procedures. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms & Conditions. You and CARLYLE TOOLS agree that these Terms & Conditions evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms & Conditions as a court would. Any arbitration shall be confidential, and neither you nor CARLYLE TOOLS may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
• Costs of arbitration. Upon filing of the arbitration demand, CARLYLE TOOLS will pay all filing, administration and arbitrator fees other than the initial AAA filing fee, and for claims of less than $1,000. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, CARLYLE TOOLS will not seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
  You or CARLYLE TOOLS may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
• Class action waiver and jury waiver. You agree 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 a court or arbitrator determines in an action between you and CARLYLE TOOLS that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and CARLYLE TOOLS each waive any right to a jury trial.

Limitation of Liability

CARLYLE TOOLS shall not be responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees related to the Text Messaging Services.

Governing Law

Any dispute arising from these Terms & Conditions or your access to or participation in the Text Message Service will be governed by and construed and enforced in accordance with the laws of the state of Georgia, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Cobb County, Georgia.

Supported Carriers

Our participating carriers include (but not limited to) AT&T, Verizon Wireless, U.S. Cellular, T-Mobile, MetroPCS. These carriers are not liable for any delayed or undelivered messages. If your carrier is not participating, you will not receive a reply to your messages. Some carriers may not support some services. Pre-paid users may not be able to participate – check with your mobile carrier. By using the Text Message Service you agree that CARLYLE TOOLS is not liable for TCPA violations or other claims that are caused by a carrier network failure or malfunction.

Opting Out

If you would like to be removed from the Carlyle Tools text list you must text STOP to +1-855-600-0945 to opt-out. This is the exclusive method for opting out. After texting STOP to +1-855-600-0945 you will receive one additional message confirming that your request has been processed. Text HELP to +1-855-600-0945 for help or contact customer care at [email protected].

Privacy Policy

You consent to the handling of your information provided hereunder as described in the Privacy Policy available at Carlyle Tools Privacy Policy  To contact CARLYLE TOOLS customer service, email [email protected].

Changes to Terms

These Terms & Conditions and the Carlyle Tools Text Message Service are subject to change by CARLYLE TOOLS at any time without notice.