TERMS OF SERVICE
Messaging Terms & Conditions
Drive Away Dreams, LLC (“Drive Away Dreams,” “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Messaging Privacy Policy.
By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.
1. User Opt In
Consent to Receive Recurring Automated Messages. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (including cart reminders) from Drive Away Dreams, including messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up. You further consent to receiving messages that include artificial or prerecorded voices. Consent to receive automated marketing messages is not a condition of any purchase. Message and data rates may apply. Message frequency varies.
No Time of Day Restrictions. You understand and agree that your consent to receive marketing text messages includes consent to the delivery of such messages 24-hours per day.
Disclosure of Data to Identify Device and Prevent Fraud. You authorize the use or disclosure of information about your account and your wireless device, if available, by or to your wireless carrier, Drive Away Dreams or our service provider(s), including Stodge Inc. dba Postscript, to help identify you or your wireless device and to endeavor to detect and prevent fraud.
2. User Opt Out
If you do not wish to continue participating in the Program, you agree to reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out. You may receive an additional mobile message confirming your decision to opt out.
3. Program Description
Users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updates via email), other transactional-related messages and sale of goods and services. Messages may include checkout reminders.
4. AI-Generated Content
We may utilize certain generative artificial intelligence (AI) services provided by third parties to develop or suggest the content of messages that we choose to send to you. Some of these messages may be tailored to your interests based on information available to us. By enrolling and remaining in the program, you agree to the use of AI and further that our use of these AI services does not make those third parties either senders or initiators of the text messages or otherwise responsible for the messages.
5. Message Frequency, Cost & Changes
Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, and to change the short code or phone number from which our messages are sent.
6. Support
For support regarding the Program, text “HELP” to the number you received messages from or email us at support@driveawaydreams.com. Please note that email is not an acceptable method of opting out of the program.
7. MMS Disclosure
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
8. Disclaimer of Warranty
The Program is offered on an “as-is” basis and may not be available in all areas at all times. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.
9. Age Restriction
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so.
10. Prohibited Content
You acknowledge and agree to not send any prohibited content over the Platform, including: any fraudulent, libelous, defamatory, threatening, or harassing activity; objectionable content including profanity, obscenity, violence, bigotry, and discrimination; pirated programs, viruses, or harmful code; any unlawful product, service, or promotion; any content implicating personal health information protected by HIPAA; and any other content prohibited by applicable law.
11. Dispute Resolution
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.
Binding Individual Arbitration: In the event of a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on our behalf, such dispute will be determined by arbitration before one arbitrator. No party shall be precluded from seeking remedies in small claims court for disputes within its jurisdiction.
Mandatory Informal Dispute Resolution: Before commencing formal proceedings, parties must attempt good faith informal resolution for a period of sixty (60) days from receipt of a completed notice. The notice must be sent to support@driveawaydreams.com or by mail to: 1432 W Birchmont Dr, Anaheim CA 92801, US.
Arbitration Rules: Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures. When you initiate arbitration, the only fee you are required to pay is New Era's consumer filing fee (currently a maximum of $300). All other fees will be paid by us unless the arbitrator finds the claim frivolous.
No Class Actions or Juries: YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND DRIVE AWAY DREAMS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Do Not Call Policy
Drive Away Dreams is committed to complying with federal and state Do Not Call laws. It is our policy to not send telemarketing text messages to any telephone number for which we have not received prior express written consent, or any telephone number on our Internal Do Not Call List.
To be placed on our Do Not Call list, reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from us, or contact customer service at support@driveawaydreams.com. Your telephone number shall be retained indefinitely on our Do Not Call list unless you subsequently provide new prior express written consent.
Contact
Drive Away Dreams, LLC
1432 W Birchmont Dr
Anaheim, CA 92801
Email: support@driveawaydreams.com
Phone: (844) 237-3267