WEBSITE
TERMS OF USE
Thank
you for visiting this website (the "Site"). The Site is an Internet
property of Owner ("we" or "us" or ÒOwnerÓ). Owner contact
information is listed further below in this document. By using and/or accessing
the Site, you agree to comply with and be bound by the following Terms of Use
("Terms of Use"). The Owner Privacy Policy ("Privacy
Policy") and any and all other applicable Owner operating rules, policies,
price schedules and other supplemental terms and conditions or documents that
may be published from time to time, are expressly incorporated herein by
reference (collectively, the "Agreement"). Please review the complete
terms of the Agreement carefully. If you do not agree to the Agreement in
its entirety, you are not authorized to use the Site in any manner or form.
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.
4. Privacy
Policy. Use of the Site, and all comments, feedback, information,
Registration Data or materials that you submit through or in association with
the Site, is subject to our Privacy Policy. We reserve the right to use all
information regarding your use of the Site, and any and all other personally
identifiable information provided by you, in accordance with the terms of our
Privacy Policy. To view our Privacy Policy, click the ÒPrivacy PolicyÓ link on
this website.
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:
Email: info@EZeroDownAutoInsurance.com