1. SCOPE OF THIS AGREEMENT
You may use the Site to learn about American Car Center, shop for a vehicle, provide us your contact information, pre-qualify for lease or other credit, and/or apply for lease or other credit, see information about American Car Center employment opportunities, otherwise learn of information we provide on the Site about American Car Center, and to do other things we make available to you on the Site from time to time.
If you provide us certain contact information, including but not limited to a telephone number(s) (landline and/or mobile) and email address(es), you agree that we may contact you about your submission or to provide you updated marketing material about American Car Center, and you agree to receive email and (if you have provided communications consents) text messages in connection with your submission.
You understand that you are responsible for payment of any message rates and data charges associated with any messages you receive from us or send to us.
You can withdraw your consent to receive certain messages from us by replying “STOP” to any text message received from us or by emailing your opt-out request to any email you receive from us.
3. SITE CONTENT
The contents of this Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. American Car Center therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. American Car Center does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
4. YOUR USE OF THE SITE
The Site, and the products and services described on the Site, are intended for use by individuals who are at least 18 years old. If you are under the age of 18, you should not be visiting the Site. American Car Center does not knowingly collect any information from individuals who are under the age of 13. We advise all visitors to the Site under the age of 13 not to disclose or provide any personally identifiable information. To learn more about the Children’s Online Privacy Protection Act (“COPPA”) please visit the Federal Trade Commission (“FTC”) site at www.ftc.gov.
You may view and use the Content contained on the Site only for informational, non-commercial purposes. Any use of the Site or the Content in the furtherance of any commercial venture or enterprise by you is strictly prohibited. You may not use the Site, any American Car Center products or services or your Account for any illegal purpose or in violation of any local, state, national, or international law.
Any attempt to reverse engineer, duplicate, spoof, disrupt, damage, corrupt, or destroy the Site or the Content is expressly prohibited. You agree that any use of scrapers, robots, or other data-gathering devices not provided by American Car Center through the Site is expressly prohibited. You agree not to interfere with the operation of the Site or any other party’s use or enjoyment of the Site by (among other things) uploading or disseminating any virus, adware, spyware, worm, or other malicious code, making any unsolicited offers or advertisements to another user of the Site, attempting to collect any data from a third party or another user of the Site without their consent, or otherwise interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or the products and services available through the Site. To the extent that any such attempts constitute a violation of criminal or civil law, American Car Center reserves the right to seek appropriate redress to the fullest extent available under applicable law.
You may not imply or otherwise represent that you are in any way affiliated with or endorsed by American Car Center without our express written permission.
Any unauthorized use of the Site or the Content is strictly prohibited. If American Car Center reasonably believes that you are using the Site or the Content for any unauthorized purpose, American Car Center may immediately restrict or terminate your ability to access and/or use the Site and the Content.
5. AMERICAN CAR CENTER PRODUCTS AND SERVICES
The products and services described on or made available thought the Site, including their terms, conditions, availability, or pricing, are subject to change. We will provide you with notice of such changes only if required under the Agreements or applicable law. The availability of the products and services described on or made available through the Site may differ depending on geographic locations. By offering information about the products and services on the Site no solicitation is made by American Car Center to any person whose use of such information or services in geographic locations where such information or services is prohibited by law or is otherwise unavailable.
6. COPYRIGHT AND TRADEMARK NOTICES
The works of authorship contained on the Site, including but not limited to all Content, are owned (except as otherwise expressly stated) by American Car Center. Except as may be expressly stated on the Site they may not be copied, transmitted, displayed, performed, distributed (whether for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used – in whole or in part – except to the extent as expressly permitted by applicable law and then only with clear and conspicuous notice of American Car Center’s proprietary rights. However, you may download Content from the Site for your personal use, so long as you do not remove or alter any copyright or other notice as may be contained in the Content when downloaded or printed.
American Car Center claims certain registered (where so indicated) and unregistered trademarks and services marks in the Content and trade dress of this Site. Unauthorized use or reproduction of any such trademarks and service marks is prohibited.
(B) NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS
American Car Center respects the intellectual property of other parties. We respond to notices of alleged copyright infringement when we receive notice of such infringement, as outlined below. If you believe that the Content of this Site is used or presented in a manner that constitutes copyright infringement, you may send us a notice of such alleged infringement by United States mail or electronic mail to:
American Car Center - Legal Department
Telephone Number: (901) 322-9060
Mailing Address: 6775 Lenox Center Court, Ste. 100, Memphis, TN 38119
Under applicable law your notice of an alleged copyright infringement must include:
7. LINKS TO OTHER SITES
8. POTENTIAL FOR SITE DISRUPTION
Your access to the Site may, from time to time, be unavailable, delayed, limited, or slowed due to, among other things:
9. DISCLAIMER OF WARRANTIES
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR, AS WELL AS OTHER FACTORS, AMERICAN CAR CENTER AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS FROM THE CONTENT MADE AVAILABLE ON THE SITE. YOU ACKNOWLEDGE THAT NEITHER AMERICAN CAR CENTER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE PRODUCTS, SERVICES, OR CONTENT ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, ALL CONTENT IS PROVIDED “AS IS” TO THE USER OF THE SITE, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUS IS GIVEN IN CONJUNCTION WITH THE CONTENT. IN NO EVENT WILL AMERICAN CAR CENTER BE LIABLE TO YOU FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THE SITE, ANY INCOMPATIBILITY BETWEEN THE SITE AND YOUR FILES AND BROWSER, OR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND THE CONTROL OF AMERICAN CAR CENTER.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL AMERICAN CAR CENTER, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABLITIES INCLUDING (WITHOUT LIMITATION) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, YOUR RELIANCE ON THE CONTENT, OR IN CONNECTION WITH ANY FAILURE OF AVAILABILITY, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OF SYSTEM FAILURE, EVEN IF AMERICAN CAR CENTER, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
11. YOUR PRIVACY WHEN VISITING THE SITE
13. SEVERABILITY AND MODIFICATION
14. GOVERNING LAW AND JURISDICTION
You agree that your use of the Site shall be governed by all applicable federal laws and the laws of the State of Tennessee, without giving effect to any principles of conflict of law. To the extent permitted by applicable law, you agree to submit to the sole and exclusive jurisdiction of the state and federal courts sitting in the City of Memphis in the State of Tennessee.