CarMax Auto Finance Text Message Terms and Conditions

You agree that these CarMax Auto Finance (“CAF”) Text Message Terms and Conditions (the “Terms”) govern the CAF Text Message Service (“CAF Texting Services”) under which you may receive, or request to receive, text messages regarding the servicing or administration of your CAF account (“Account”). These Terms supplement, and do not change, the terms and conditions governing your Account(s). If these Terms contradict any of the terms and conditions governing your Account(s), the terms and conditions of your Account(s) control.

Definitions:

As used in these Terms, the terms: (1) “we,” “our” or “us” refer to CAF and any of its affiliates, agents, independent contractors, designees, assignees or service providers; (2) “you” or “your” refer to each customer on an Account; and (3) "text message" refers to any text message, including SMS, MMS, and/or RCS messages, from CAF sent from a short code or long code regarding the servicing or administration of your Account(s).

Communications:

By providing a telephone number in conjunction with your Account(s), you expressly consent that we may contact you by text messages or other electronic messages for any purpose related to your Account(s) by any means, including but not limited to the use of prerecorded / artificial voice messages or automatic telephone dialing devices. Your express consent applies to any telephone numbers that you provide in any manner and at any time, including cellular telephone numbers (“mobile number”) for which you may incur voice, data, or other charges.

SMS Messages Terms of Use:

Your express consent under the Communications section above shall include our ability to send text message alerts and information regarding your Account(s) to your mobile number(s). Messages that we send through short-code 80817 include payment reminders and/or important account notifications.

Our text messages are free, but your carrier may assess text, messaging, and/or data charges, depending on your mobile plan and handset configuration. Neither we nor the wireless carriers are liable for delayed or undelivered messages. Message frequency varies.

Opt-Out:

You can opt-out of receiving text messages at any time. Just text “STOP” to 80817 or respond to one of our text messages with “STOP” and you will no longer receive text messages from us, unless you subsequently provide us with express consent to do so. If you opt-out of receiving text messages, you may receive a text message confirming your opt-out. For assistance, you can text “HELP” to 80817 or contact us at 1-800-925-3612.

Financial Privacy:

Our text messages may contain information of a personal, financial nature, including without limitation the existence of your relationship with us, and whoever has access to your mobile phone or carrier account may also have access to this information. You acknowledge and understand that text messages are sent without encryption, which presents some inherent security risk. In addition, our handling and administration of text messages are subject to our Financial Privacy Policy.

Text Message Carriers:

Our text messages are currently supported on the following U.S. carriers, however, the supporting carriers may change without notice, and the CAF Texting Services may be limited to specific carriers. AT&T, T-Mobile USA, U.S. Cellular Corp., Verizon Wireless, Interop, ClearSky, and additional carriers where available.

Disclaimer of Warranties:

The CAF Texting Services are provided on an “as is” “as available” basis and without representations or warranties of any kind, either express or implied, as to the operation of the CAF Texting Services. We make no representations or warranties regarding the CAF Texting Services, and disclaims any representations or warranties, express or implied. The CAF Texting Services may contain inaccuracies, other errors, or may not function in the manner you anticipated. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you, and you may have additional rights. The foregoing shall be enforceable to the maximum extent permitted by law. If any portion of this disclaimer is found to be unenforceable, this disclaimer will be amended only to the extent necessary to comply with applicable law.

Limitation of Liability:

You acknowledge and agree that, to the fullest extent provided by applicable law, we will not be liable to you or to any other person under any circumstances or under any legal or equitable theory for any indirect, special, incidental, consequential, or punitive losses or damages of any nature arising out of or in connection with the use of or inability to use the CAF Texting Services. You acknowledge, by your consent and use of CAF Texting Services, that your use of the CAF Texting Services is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein. If any portion of this disclaimer is found to be unenforceable, this disclaimer will be amended only to the extent necessary to comply with applicable law.