AGREEMENT BETWEEN USER AND CARS & CREDIT OF
JACKSONVILLE AND SELECT CAR & TRUCK STORE
This Web Site
consists of various Web pages operated by CARS
& CREDIT OF JACKSONVILLE AND SELECT CAR & TRUCK STORE (hereinafter
jointly referenced as the “Company”).
It is offered to
you (“user” or “you”) conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein. Your use of this website
constitutes your agreement to all such terms, conditions, and notices. You
should print and keep a copy of these Terms.
MODIFICATION OF
THESE TERMS OF USE
The Company
reserves the right to change the terms, conditions, and notices under which the
Web Site is offered.
LINKS TO THIRD
PARTY SITES
The Web Site may
contain links to other Websites ("Linked Sites"). The Linked Sites
are not under the control of the Company and the Company is not responsible for
the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. The
Company is not responsible for webcasting or any other form of transmission
received from any Linked Site. The Company is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by
the Company of the site or any association with its operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of
your use of the Web Site, you warrant to the Company that you will not use the
Web Site for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Web Site in any manner which could
damage, disable, overburden, or impair the Web Site or interfere with any other
party's use and enjoyment of the Web Site. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available or provided for through the Web Site.
LIABILITY
DISCLAIMER
THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA
THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
The COMPANY
AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR
ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS'' WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY DOES
NOT WARRANT THAT THE WEB SITE WILL OPERATE WITHOUT ERROR, OR THAT IT WILL BE
AVAILABLE AT ALL TIMES.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE
COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE WEB SITE.
TERMINATION/ACCESS
RESTRICTION
The Company
reserves the right, in its sole discretion, to terminate your access to the Web
Site and the related services or any portion thereof at any time, without
notice.
CONSENT TO
COMMUNICATE
You agree that
the Company and any of its affiliates, agents or service providers may call
you, leave you a voice pre recorded, or artificial voice message, or send you
an email, or other electronic message for any purpose related to your use of
this Web Site, your inquiry into inventory or financial services or products
offered, any Account you may establish with the Company, or for surveys or
research or for any other informational purpose related to an Account with the
Company (each a “Communication”). You agree that the Company and any of its
affiliates, agents or service providers may call you at any telephone number
you may provide to the Company or associated with your Account(s), including
cellular telephone numbers, and may send an e-mail to any email address used to
access this Web Site or associated with your Account(s), including any phone
numbers, e-mail addresses or any other contact information provided by you
regarding your use of the Web Site. You also agree that the Company and any of
its affiliates, agents or service providers may include your personal
information in a Communication and may conduct a Communication using an
automatic telephone dialing system. the Company will not charge you for a
Communication, but your service provider may. In addition, you understand and
agree that the Company and any of its affiliates, agents or service providers
may always communicate with you in any manner permissible by law that does not
require your prior consent
GENERAL
To the maximum
extent permitted by law, this agreement is governed by the laws of the State of
Florida and you hereby consent to the exclusive jurisdiction and venue of
courts in Duval County, Florida in all disputes arising out of or relating to
the use of the Web Site. Use of the Web 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
joint venture, partnership, employment, or agency relationship exists between
you and the Company as a result of this agreement or use of the Web Site. the
Company’s performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of its right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Web Site or information provided to or gathered by
Web Site 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 the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and the Company with respect to the Web Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and the Company with respect to
the Web 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. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.