1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and Owner with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
2. Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site.
3. Description of Owner Service. Owner provides users with an opportunity to apply for finance-related services as offered by Website ownerâ affiliated third-party loan service providers or lenders (the "Owner Loan Service Providers"). Please be advised that Owner does not itself provide lending services, and the ultimate terms and conditions of any product or service provided by one of its Owner Loan Service Providers will be determined by that entity. To qualify to receive finance-related products and/or services, you must first fully complete the application form located at the Site ("Site Application"), as well as the application form set forth on the Site of the applicable Affiliated Loan Service Provider ("Affiliate Application" and together with the Site Application, the "Application"). The information that you must supply on the Site Application includes, but is not limited to: (a) your full name; (b) complete mailing address; (c) email address; (d) home, work and mobile telephone numbers; (e) gender; (f) best time to receive contact; (g) Social Security Number; (h) type of residence; (i) duration spent at current residence; (j) monthly rent/mortgage costs; (k) information regarding the make, model and trim of prospective new car purchase; and (l) information regarding the purchase time frame and type of payment for purchase associated with prospective new car purchase (collectively, the "Site Registration Data"). Upon entering your Site Registration Data and clicking on the "Click Here" button at the bottom of the Site Application, your Site Registration Data will be redirected to the applicable Affiliated Loan Service Provider. The information that you must supply on the applicable Affiliated Loan Service Provider Application shall be determined by the applicable Affiliated Loan Service Provider (the "Affiliate Registration Data" and, together with the Site Registration Data, the "Registration Data"). Loan application approval, and the ultimate terms and conditions of any product or service provided by one of our Owner Loan Service Providers, will be determined by that entity. Owner will verify and approve all completed Site Applications, and the associated Registration Data, in accordance with its standard verification procedures. You agree to provide true, accurate, current and complete Registration Data. Owner and the applicable Affiliated Loan Service Provider each have the right to reject any Registration Data where it is determined, in the sole and exclusive discretion of Owner and the applicable Affiliated Loan Service Provider, that: (i) you are in breach of the Agreement; and/or (ii) the Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. Owner and the applicable Affiliated Loan Service Provider each may change the Registration Data criteria at any time, in their sole discretion.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Owner is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for Owner sponsored products, services and/or any associated functionality. You understand and agree that Owner shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion offered by any of website ownerâ Owner Loan Service Providers. If Owner terminates the Agreement, Owner shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with Owner.
5. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. Owner may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. Owner reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on Owner infrastructure. Your right to use the Site is not transferable.
6. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. Systematic retrieval of material from the Site by mated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Owner is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by Owner does not constitute a waiver of any right in such information and/or materials.
7. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
8. Legal Warning. Any attempt by any individual, whether or not a Owner customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and Owner will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
9. Indemnification. You agree to indemnify and hold Owner, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneysÕ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Owner or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. Disclaimer of Warranties. THE SITE OR FROM ONE OF OUR LOAN SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, OWNER MAKES NO WARRANTY THAT: (A) THE SITE, ANY FINANCE-RELATED SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR LOAN SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, ANY FINANCE-RELATED SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR LOAN SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR AN LOAN FROM ANY OF OUR LOAN SERVICE PROVIDERS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR FINANCE-RELATED SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR LOAN SERVICE PROVIDERS WILL BE ACCURATE OR RELIABLE. THE SITE AND/OR FINANCE-RELATED SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR OWNERLOAN SERVICE PROVIDERS AND/OR MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY OF ITS LOAN SERVICE PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OWNERHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, ANY FINANCE-RELATED SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR OWNERLOAN SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE FAILURE TO QUALIFY FOR A LOAN FROM ANY OF OUR OWNERLOAN SERVICE PROVIDERS, OR ANY SUBSEQUENT DENIAL OF FINANCE-RELATED SERVICES FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE, ANY FINANCE-RELATED SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR OWNERLOAN SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE OWNERâ LOAN SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF OWNERTO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE OWNER FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OWNER. THE SITE, ANY FINANCE-RELATED SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR OWNERLOAN SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
12. Third Party Websites. The Site may provide and/or refer you to links to other Internet websites and/or resources. Because Owner has no control over such third party websites and/or resources, you hereby acknowledge and agree that Owner is not responsible for the availability of such third party websites and/or resources. Furthermore, Owner does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising there from.
13. Miscellaneous. The Agreement shall be treated as though it were executed and performed in Wyoming and shall be governed by and construed in accordance with the laws of the State of Wyoming (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Owner and governs your use of the Site, superseding any and all prior and/or contemporaneous agreements between you and Website owner. To the extent that anything in or associated with the Site and/or any Owner offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
14. Contact US. If you have any questions regarding the Agreement, or would like more information from us, please contact us: