Program Description

Lexington Park Ford (the “Dealer,” “we,” “us,” or “our”) offers a text message alert program (the “Program”), subject to these Terms and Conditions (the “Terms”). Every reference to the “Dealer” below means the business named in this paragraph.

The Program allows participants to receive, without limitation, informational alerts of interest to them; vehicle service alerts and appointment reminders; and 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 the Dealer, 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 the Dealer in order to opt out of the Program.

User Opt-In

The Program allows users to receive SMS, MMS, and RCS (“mobile”) alerts by affirmatively opting in through methods such as:

• Signing up online or through a Dealer form.
• Providing your mobile number to a Dealer representative.
• Texting a keyword to the Dealer 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 opting in, you agree to receive automated or autodialed mobile messages, including promotional messages.

Consent is not required to make a purchase.

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 the Dealer.

Message frequency: Message frequency varies.

Contact Information

For support, reply HELP to any message from the Dealer. You may also contact us at:

Phone

301-863-8111

Email

service@lexingtonparkford.com

Opt-Out and Additional Commands

To opt out of receiving mobile messages, reply STOP to any message. You may receive a confirmation message after opting out.

The Program may recognize additional command keywords and may respond with informational messages based on your interaction — even after opting out of recurring alerts.

If you later choose to opt back in to 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, such as images and videos
• Video thumbnails
• Improved message rendering
• Delivery and read indicators, to the extent supported

Dealer Warranty Disclaimer

The Dealer 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 at waldorftoyota.com/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.

Dispute Resolution

Agreement to arbitrate

In the event that there is a dispute, claim, or controversy between you and the Dealer, or between you and any third party acting on the Dealer’s behalf in connection with the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, the Dealer’s 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 Maryland, 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 Maryland.

The parties acknowledge that this Agreement evidences 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 (the “Arbitration Demand”).

Class action and jury trial waiver

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 Maryland.

Arbitration awards, costs, and confidentiality

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 arbitrator 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 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 warrant and represent to the Dealer 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. The Dealer 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 the Dealer any telephone number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify the Dealer that your prior telephone number is no longer assigned to you.