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Terms
of Use The
MotorCarDealers.com Web site ("Site") is offered to you, the user,
conditioned on your acceptance of the terms, conditions and notices contained
herein. Overview
Your
use of this Site constitutes your agreement to all such terms, conditions and
notices. Please read them carefully. By using this Site, you agree to these
Terms of Use. If you do not agree to these Terms of Use, please exit the Site
immediately and discontinue any use of information or products from this Site.
MotorCarDealers.com reserves the right, at any time, to alter modify,or update
these Terms of Use, and you agree to be bound by such updates modifications,or
alterations. General
Terms This
agreement is governed by the laws of the State of California, USA. You hereby
consent to the exclusive jurisdiction and venue of courts in Orange County,
California, USA in all disputes arising out of or relating to the use of this
Site. Use of this Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no partnership, joint venture,
employment, or agency relationship exists between you and MotorCarDealers.com as
a result of this agreement or use of this Site. MotorCarDealers.com;s
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of MotorCarDealers.; right
to comply with law enforcement requests or requirements relating to your use of
this Site or information provided to or gathered by MotorCarDealers.com with
respect to such use. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of this agreement shall continue in effect. This agreement constitutes
the entire agreement between the user and MotorCarDealers.com with respect to
this Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
MotorCarDealers.com with respect to this Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. Copyright
This Site and it's materials are copyrighted, reserved, or otherwise
noted, and may not be used except with the express written permission of
MotorCarDealers.com. Trademark
All
trademarks, service marks, and trade names (collectively the "marks")
that appear on this Site are proprietary to MotorCarDealers.com.or the
respective vehicle manufacturers or other respective owners or vendors.. Third
Party Links Motorcarsealers.com
may contain links to web sites operated by third parties. Such links are
provided for your reference only. MotorCarDealers.com does not control such web
sites, and is not responsible for the contents of these web sites.
MotorCarDealers.com;s inclusion of such links does not imply or endorsement the
web sites or the material on such web sites. Privacy
Motordealers.com
respects the privacy of our users. Please refer to Motorcadealers.com privacy
policy on our home page. Disclaimer
All
information, products, services and materials contained on this Site, including
text, graphics, and links, are provided on an "as is" basis with no
warranty. To the maximum extent permitted by law, MotorCarDealers.com disclaims
all representations and warranties, express or implied, with respect to such
information, services, products, and materials, including, but not limited to,
warranties of merchantability, fitness for a particular purpose, title,
non-infringement, freedom from computer virus, and implied warranties arising
from course of dealing or course of performance. In addition, although we make
every effort to provide the most accurate and current information, we do not
represent or warrant that the information accessible via this Site is accurate,
complete or current. Indemnification
You
agree to indemnify, defend and hold harmless MotorCarDealers.com, its officers,
directors, employees, agents, suppliers and third party partners from and
against all losses, expenses, damages and costs, including reasonable attorneys;
fees, resulting from any violation by you of these Terms of Use. Dispute
Resolution If
any dispute or claim arising out of or related to your use of this Site arises,
the dispute will be resolved exclusively by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association.
However, MotorCarDealers.com will have the right to petition a court of
competent jurisdiction for the entry of injunctions and orders for specific
performance relating to your unauthorized use of MotorCarDealers.com;s
trademarks, service marks, copyrights, patents, trade secrets or other
intellectual property (collectively, the "Intellectual Property") or
any act or omission by you that may impair the goodwill associated with the
Intellectual Property. Enforcement
All
litigation, court proceedings, mediation proceedings arbitration proceedings,
lawsuits, court hearings and other hearings initiated by you must be addressed
exclusively in Orange County, California. This Terms of Use and the relationship
between you and MotorCarDealers.com will be governed by the laws of the state of
California. The provisions of this Terms of Use which conflict with or are
inconsistent with applicable governing law will be superseded and/or modified by
such applicable law only to the extent such provisions are inconsistent. All
other provisions of this document will remain in effect. Limitation
of Liability MotorCarDealers.com,
will not be liable for any direct, indirect, punitive, incidental or
consequential damages,even if MotorCarDealers.com has been previously advised of
the possibility of such damages, whether in an action under contract,
negligence, or any other theory, arising out of or in connection with the use,
inability to use, or performance of the information, services, products, and
materials available from this Site. These limitations will apply notwithstanding
any failure of essential purpose of any limited remedy. Vehicle
Availability & Prices MotorCarDealers.com
DOES NOT GUARANTEE VEHICLE PRICES OR AVAILABILITY. All transactions are
conducted by and fulfilled through state licensed and franchised vehicle
dealers. All vehicle descriptions and prices provided to you either on this Site
or via separate contact following your submission of a purchase request are made
by a third party or a participating dealer not MotorCarDealers.com. ALL VEHICLES
ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST IS
PROCESSED. All data and information used in our research tools for configuring
vehicles, selecting options, determining pricing, invoice or incentives on this
Site are supplied by third party vendors for educational purposes only and are
not intended to be binding on MotorCarDealers.com or the subscribing dealer. All
tools appearing on this Site that allow for configuring vehicles with different
options do so with such items that are typically available from the manufacturer
and are typically available at local dealerships and may not be indicative of
all of the configurations and equipment available on the vehicle being
configured or the exact price(s) for a vehicle so equipped. MotorCarDealers.com
will attempt to fulfill your request through the inventories of participating
dealers, subject to availability and final pricing from that dealership and not
MotorCarDealers.com. Any discrepancies or mistakes made regarding vehicle
availability, condition or pricing are not the responsibility of
MotorCarDealers.com and should be directed to the dealer or third party vendor
responsible for providing the information. We do not guarantee either expressly
or by implication that we will find a vehicle that meets your specifications.
Exact matches can be extremely difficult to find because of geographic location,
vehicle popularity, and limited production or factory-to-dealer allocations. Vehicle
Deposits IT
IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU ARE
BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR VEHICLE
PURCHASE OR LEASE. MotorCarDealers.com does not charge a fee to consumers for
our services except as provided below. * Any deposit requirement is strictly
negotiable between you and the dealer (NOT MotorCarDealers.com). The act of
submitting a purchase request through this Site does not bid you or a dealer to
any agreement or cotract. It is your responsibility to confirm with the dealer
that the vehicle will be held for you. Whether your deposit is refundable or not
is subject to your agreement with the dealer and not MotorCarDealers.com. Personal
& Non-Commercial Use Limitation This
Site is for your personal and non-commercial use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software, products or
services obtained from this Site. The content available through this Site is the
sole property of MotorCarDealers.com or its licensors and is protected by
patent, copyright, trademark and other intellectual property laws. Except as
otherwise explicitly agreed in writing, MotorCarDealers.com-owned content
received through this Site may be downloaded, displayed, and printed for your
personal, non-commercial use only. Content owned by MotorCarDealers.com
licensors may be subject to additional restrictions. You agree not to reproduce,
retransmit, distribute, disseminate, sell, publish, broadcast or circulate the
content received through this Site to anyone, including but not limited to
others in the same company or organization without MotorCarDealers.com's
express prior written consent. Liability
Disclaimer ALL CONTENT PROVIDED ON THIS SITE IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN MotorCarDealers.com AND YOU. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. MotorCarDealers.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. MotorCarDealers.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MotorCarDealers.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MotorCarDealers.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MotorCarDealers.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. As a condition of your use of this Site, you warrant to MotorCarDealers.com that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. |