U-PULL-&-PAY VIP CLUB TEXT MESSAGING TERMS AND CONDITIONS VIP Club Text Messaging Terms and Conditions and Privacy Policy

U-Pull-&-Pay, LLC SMS Text Messaging Terms and Conditions

Your use of this Short Message Service or SMS text messages (the “Service”), as a component of the U-Pull-&-Pay, LLC (“UPAP”) VIP Club Membership Program (the “Program” – previously the U-Pull-&-Pay Parts Perks Rewards Program), constitutes your agreement to these Terms and Conditions. U-Pull-&-Pay, LLC, a Pull-A-Part Company, is a wholly-owned subsidiary of Pull-A-Part, LLC (“PAP”). PAP manages the VIP Club Membership Program for both UPAP and PAP customers and you agree these Terms & Conditions apply to your use of the Program across all participating UPAP or PAP stores.

Please read carefully these Terms and Conditions before subscribing to the Service. The UPAP Privacy Policy and Terms of Use also apply to your use of the Service. UPAP or PAP may amend these Terms and Conditions, and modify or cancel the Service or any of its features without notice. Any such modifications will be effective immediately upon posting the updated version. By continuing the use of the Service, you agree to these modifications. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your mobile operator. Message & Data Rates May Apply.

About the Service
By signing up for the Service, you agree to receive recurring text messages via the use of an automatic telephone dialing system, or autodialer or similar service used for sending text messages, from PAP or UPAP or its service providers who may handle delivery of these messages on behalf of PAP or UPAP. Promotional messages may include SMS text messages regarding new inventory, sales, exclusive deals, or any other business communications between PAP or UPAP and Program Participants. The volume of messages sent to Participants varies based on choices each Participant makes regarding their participation in the Program or use of the Service. Participants may reply HELP to any text message they receive for help, and STOP to to any text message they receive to unsubscribe. If Participants are opted-in to multiple SMS text messaging channels for PAP and UPAP, Participants must unsubscribe from each channel independently. Participants may also update any/all communication preferences by logging into their VIP Club Membership Account online. Message and data rates may apply.

Unsubscribing from the Service
To stop the service and cease receiving text messages at any time, participants may text STOP to any text message received. Participants subscribed to multiple SMS text messaging channels for PAP and UPAP must opt-out of each channel separately. Once a participant unsubscribes from an SMS text messaging channel, they will receive a one-time opt-out confirmation text message and no future text messages will be sent. Participants may also manage opt-in/opt-out for all text or email communications by logging into their VIP Club Membership Account online.

If you change your mobile phone number, you agree to opt out of the Service prior to changing your mobile number. 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 at the process offered. 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.

Help
For help or questions about the Service, reply HELP to any text message from the Service and follow the prompts. For additional support contact PAP (PAP manages the VIP Club Membership Program for both UPAP and PAP customers) at https://www.pullapart.com/faq/faq-category/?CategoryID=About.

Indemnity
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. 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.

Other Limitations
Currently, the Service is only available to legal 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 16 years of age or older to receive messages. We reserve the right to require you to prove that you are at least 16 years of age if so requested.

Arbitration
These Terms and Conditions contain a predispute arbitration clause. By agreeing to these Terms and Conditions, and using the Service, you agree as follows: Arbitration awards are generally final and binding; a party’s ability to 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 SMS Text Alerts 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 PAP or UPAP arising out of or relating to these Terms and Conditions, and the Program or 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 any court having jurisdiction. This arbitration provision is applicable only to the Program or Service, and does not impact or modify any arbitration provisions or agreements you may have with PAP or UPAP. In the event you cancel or unsubscribe from the Service, your other agreements with PAP or UPAP will not be impacted or modified in any respect.