- Your Acceptance of These Terms of Use
These Terms of Use (the "Terms") apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not accept all of the provisions of these terms, you are not authorized to use (and must refrain from using) the site.
IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 16 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND SITES ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
- Your Acceptance of Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
- Your Consent to Other Agreements
These Terms govern your access and use of the Sites. Your access to and use of certain features provided or made available through the Sites such as vehicle reservations, scheduling service appointments, finance applications, trade-in estimates, or vehicle purchases ("Services"), may require your acceptance of separate or additional terms and conditions ("Service Terms"). If there is a conflict between these Terms and the applicable Service Terms, the separate Service Terms will govern your access and use of the Services.
- Trademarks
This Site contains several names, logos and marks, including but not limited to, the [Company Name] and logo, which are registered trademarks of Columbia Insurance Company. The Sites also contain the trademarks, servicemarks, and trade names of its consulting dealerships. Any unauthorized use, replication, or other violations of trademark or intellectual property law will be prosecuted to the maximum extent possible.
- Notice of Copyright Infringement.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the websites, please notify us by sending an email here or by sending a notice by U.S. Mail to: BH Automotive, Attn: [Company Name], 8333 Royal Ridge Parkway, Suite 100, Irving, TX 75063 Attn: Legal Department/Copyright. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on our websites the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
- User Restrictions
You shall not use the Sites for any purpose other than those authorized by these Terms. You agree that you will not do, or attempt to do, any of the following:
- Use the Sites to engage in any activity or conduct that violates the law or the legal rights of a third party, or is deceptive, abusive, dangerous, harassing, defamatory, tortious, obscene, or invasive of another person's privacy;
- Use the Sites to engage in or facilitate any fraudulent activity, perpetrate a hoax or engage in phishing schemes, forgery or other similar falsification or manipulation of data;
- Use the Sites to send or store data that violates the rights of any individual or entity established in any jurisdiction;
- Damage, disable, overburden, or impair the Sites or any software or services accessible through the Sites;
- Engage in any activity that could interfere with, disrupt, negatively affect, or inhibit other users from fully using the Sites, or that could damage, disable, overburden, impair or otherwise negatively affect the functionality of the Sites;
- Circumvent, disable, interrupt, limit or otherwise impair the security, access controls or copyright protections of the Sites or any third-party network or computer systems;
- Permit any other person to use your login credentials or account on the Sites, or share your credentials, passwords or other access information for the Sites;
- Misrepresent your identity or impersonate any person when accessing or using the Sites;
- Use the Sites to publish, post, share, copy, store or distribute malware, including viruses, Trojan horses, worms, or any other similar applications that may damage the operation of the Sites or any other person's device, networks or computer system;
- Decompile, reverse engineer, or disassemble the Sites except to the extent that such restriction is expressly prohibited by law;
- Copy, modify, or create derivative works of the Sites;
- Remove, obscure or alter any proprietary notices affixed to or contained within or accessed in conjunction with or through the Sites or any Content;
- Loan, rent, lease, resell, sublicense, distribute, transfer or otherwise provide the Sites to any third party;
- Export, re-export, transfer or disclose the Sites to or for any prohibited or restricted destination, end user or end-use, except in accordance with all applicable export control laws and regulations;
- Use any robot, spider, scraper or other automated system, software or other means to extract data from or through the Sites; or
- Engage in any activity that violates, or encourage or promote any activity that violates, these Terms, including the applicable Service Terms.
Without limiting the generality of any other terms herein, if we believe, in our sole discretion, that you have violated these Terms, we may terminate or suspend your access to the Sites.
- FEEDBACK
If you provide us with any comments, suggestions, recommendations, feedback or other information with respect to the Sites ("Feedback"), including, without limitation, Feedback relating to modifications, enhancements and improvements to the Sites, you agree that you have the right to provide such Feedback to us and hereby grant us an irrevocable, worldwide, perpetual, royalty-free license to use the Feedback for any purpose to the fullest extent permitted by applicable law.
- Disclaimers / Disclaimer of Warranties
WE PROVIDE EACH OF THE SITES "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY SUITABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, CONTENT, QUALITY, TIMELINESS, COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY WE DO NOT REPRESENT OR WARRANT THAT THE SITES ARE ERROR-FREE OR FREE FROM INFRINGEMENT, OR THAT THE SITES OR ANY OF THEIR FEATURES WILL ALWAYS BE SECURE, RELIABLE, AVAILABLE, TIMELY, COMPLETE OR ERROR-FREE. YOUR RELIANCE ON ANY FEATURE OF THE SITES IS AT YOUR OWN RISK AND YOU AGREE TO ACCEPT RESPONSIBILITY FOR ALL OF YOUR ACTIVITIES IN CONNECTION WITH THE SITES.
Some jurisdictions do not allow limitations of implied warranties, so certain limitations stated above may not apply to you, in which case such warranties shall be limited to the extent required by applicable law.
- Links to Third-Party Websites
While using this website, you may choose to link to third-party websites that are not affiliated with our Site. We are not not responsible for the content of these third-party websites, or any subsequent links, and has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third-party websites are not necessarily those of ours, and we do not endorse the contents of these third-party websites in any way. Also, we are not responsible for webcasting or any other form of transmission received from any linked website. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance. This may include, but is not limited to, damages that are direct, indirect, special, or consequential. We are providing these links to you as a convenience only, and the inclusion of any link does not imply endorsement of the site, its contents, and/or any products or services offered by the owner(s) of the site.
- Modification and Discontinuation
- Depending upon the nature of the modifications, if legally required, we will provide notice of such changes on the applicable Site(s) and/or by notifying you electronically using the contact information we have for you.
- If you continue to use the Site(s) after the effective date of the change or otherwise agree to the change, the change will become part of the Terms as of the effective date of the change.
- If you do not agree with such changes you must stop using the Site(s) immediately.
- If you do not stop using the Site(s) within thirty (30) days of the date of the notice of changes to the Site(s) or the Terms, then you agree to the change and it will automatically become part of the Terms.
- You should frequently review the Terms (including the effective date) and applicable policies and other documents from time to time to understand the terms that apply to your use of the Sites.
- If you do not agree with any modifications, your sole and exclusive remedy is to not use the Sites.
- Vehicle Pricing.
"MSRP" excludes destination, taxes, title, and registration fees and may not reflect the selling price of the vehicle. Optional equipment is not included in vehicle pricing unless specifically indicated. Vehicles shown on this Site are for general illustration only. Vehicles shown are typically a sample vehicle only of the same model year. Details of a selected vehicle may vary from the vehicle shown depending on the features you choose. Vehicle availability may be limited. Each dealership sets the actual transaction price. To obtain full pricing details, contact the dealer. Pricing, discounts, incentives, vehicle availability, and offers may change at any time without notification. The price and other terms of sale remain subject to direct negotiation between you and the dealership.
- Incentives Offered by Manufacturers
Rebates and other incentives provided by vehicle manufacturers or their respective captive financing companies are subject to the terms specified by such entity. These terms include, among others, the particular vehicle or trim/model eligible for the incentive, timeframe of the offer and limitations on quantities and/or combinations with other offers. Please always contact your dealership for details on available incentives.
- General
These Terms of Use represent the complete agreement and understanding between you and Us and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.
- Indemnity
Notwithstanding any provision in these Terms to the contrary, You agree to indemnify, defend with the counsel of Our choice, and hold harmless Us, Third Party Beneficiaries and their respective officers, directors, members, managers, employees, agents, contractors, representatives, licensors, attorneys, predecessors, successors, and assigns (the "Indemnified Parties") from and against any and all claims, demands, losses, obligations, liabilities, damages, injuries, causes of action, recoveries, deficiencies, expenses, and costs, including without limitation fees of attorneys and experts (collectively, "Claims"), whether brought by You or any third parties against any of the Indemnified Parties and arising out of or relating to any of the following:
- Your use of the Sites;
- Your failure to comply with these Terms;
- The gross negligence, willful misconduct, or fraud by you or of any other person accessing or using the Sites;
- Our use, non-use or publication of your Feedback;
- Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
- Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
- Any misrepresentation made by you.
Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any claims without the prior written consent of one of our officers. This provision shall remain in full force and effect notwithstanding any termination of your use of the Sites.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITES OR ANY ASSOCIATED FEATURES, SERVICES, DOCUMENTATION OR INFORMATION, OR YOUR RELIANCE OR INABILITY TO RELY ON THE SITES OR ANY ASSOCIATED FEATURES, SERVICES, DOCUMENTATION OR INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE EXCLUSIONS SET FORTH IN THIS SECTION, WE ARE FOUND TO BE LIABLE, OUR MAXIMUM AGGREGATE LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO $500. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY TO YOU FROM US, AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY.
THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY) RELATED TO USE OF THE SITES.
- Dispute Resolution By Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE SITES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAt YOU ARE WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules") and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
These Terms of Use will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of Texas, without regard to conflicts of law principles.
- These Terms of Use May Change
These Terms of Use are current as of the effective date set forth above. We reserve the right to change these Terms of Use form time to time. These changes will be effective as of the date we post the revised version on the Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.
- Entire Agreement
These Terms contains the full and complete understanding between you and us with respect to the subject matter hereof and supersedes all representations and understandings, agreements, warranties, statements and undertakings whether oral or written given or made before the effective date of these Terms by, or on behalf of, the parties and relating to its subject matter, notwithstanding the terms of any such former agreement or arrangement expressed to survive termination. You confirm that you have not relied upon, and with the exception of fraud or fraudulent misrepresentation (for which liability and remedies are not restricted or excluded), shall have no remedy in respect of, any agreement, warranty, statement, representation, understanding or undertaking made by us unless that warranty, statement, representation, understanding or undertaking is expressly set out in these Terms. With the exception of fraud or fraudulent misrepresentation, you shall not be entitled to the remedies of rescission or damages for misrepresentation arising out of, or in connection with, any agreement, warranty, statement, representation, understanding or undertaking whether or not it is set out in these Terms.
- Questions
If you have questions regarding these Terms of Use please contact us, using one of the following options:
Through this website - Contact Form
By mail - 8333 Royal Ridge Parkway, Suite 100, Irving, TX 75063
By Phone - 972-607-9295
