LAST UPDATED: Jan 17, 2024
EFFECTIVE DATE: Jan 30, 2024
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THIS SITE, COMPLETING AN APPLICATION, OR OTHERWISE AGREEING TO THESE TERMS, YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS. BY SUBMITTING AN APPLICATION ON OUR SITE, YOU AGREE THAT DEALERS MAY PULL YOUR CONSUMER CREDIT REPORT.
WHO ARE WE?
Our web sites and all pages thereof, including the web site and other online services, software, or applications through which you accessed these Terms and Conditions (collectively, the “Sites,” and each a “Site”) are each operated by Main Street Motors LLC . and/or one or more of its affiliates and/or agents (“Main Street Motors LLC,” “we,” “us,” or “our”). Unless stated otherwise, the terms, conditions and notices contained herein (collectively, “Terms”) are a legal agreement exclusively between you and us governing your use of the Sites.
Main Street Motors LLC reserves the right to alter, update, add to and/or revise these Terms from time to time and at any time. Please check the “Last Updated” legend at the top of this page to see when these Terms were last revised. Any such alteration, update, addition or revision will be effective immediately upon its posting to this Site. We encourage you to periodically review these Terms, so you are aware of any revisions to which you are bound. Your continued use of the Site signifies your acceptance of such revised Terms and Conditions. View the website to review the most recent version of the Terms and Conditions. We will make reasonable efforts to notify you of material changes to these Terms. Such efforts might include posting notice on the Site or an email to the address we have on file.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT,
BRING A CLASS ACTION,
AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
By continuing to use the Sites, you agree that your use of the Sites is legally sufficient consideration under these Terms. Please note that after you submit an Application, we will perform a soft inquiry on your credit. However, our dealers may have to perform a hard inquiry. Read Section 1 for more details.
We advise you to print or save a copy of these Terms for your information in the future. If you would like these terms and conditions in another format (for example: audio, large print, braille) please contact us.
Click on the links below to jump to that section of the Agreement.
Use of the Site
Intellectual Property
Submissions
Your Conduct
Limitation of Liability and Indemnity
Confidentiality and Privacy Issues
Referred Businesses and Linked Sites
Consent to Communications
Car Dealer Information
Disputes, Arbitration and Class Action Waiver
Jurisdiction Specific Terms
Termination
Important Legal Terms
Contact Us
1. USE OF THE SITE
1. Your access to and use of this Site is subject to all applicable laws and regulations.Your use of this Site, submitting an Application,or use any services that we offer by or in connection with the Site constitutes acceptance of these Terms.
2. You may not use this Site or submit an Application if any of the following apply to you: (i) you are below the age of majority in the jurisdiction from which you are accessing this Site (“Your Jurisdiction”); or (ii) it is illegal in Your Jurisdiction for you to access, view and/or use this Site. You must not use the Site if any of these conditions apply to you, including if any material on this Site, your use of this Site, is contrary to the laws of Your Jurisdiction. You agree not to circumvent any age gate or other technical measures we use.
3. Any use or reliance on information posted on this Site is at your own risk. Your access and/or use of this Site is strictly on an “as is” basis, and you must not assume that this Site will be error free or that it will operate without interruption or as intended. We reserve the right to suspend the use of the Site generally or block your access to any part of the Site.
4. We further reserve the right to disclose to the relevant authorities and in accordance with applicable law any information we hold concerning your identity and any evidence we have which relates directly or indirectly to misuse of this Site.
5. When you submit an application to Main Street Motors LLC (the “Application”) we work together with dealers to process your Application and information. All information submitted in an Application is processed in accordance with the dealer’s Privacy Policy. You may access the full text of the dealers Privacy Policy by navigating to their website.. Additionally, if you submit an application in the United States please read our FCRA Notice. We do not arrange for or facilitate credit ourselves. We will release some or all of the information in your Application to dealers in order to locate an appropriate credit provider for you. By submitting an Application to Main Street Motors LLC by or through the Sites, you certify that all information which you provide in the Application is true and complete and you authorize Main Street Motors LLC, Dealers, or our agents or affiliates to:
A. Request or obtain any and all credit information concerning your Application from any sources which Main Street Motors LLC deems appropriate;
B. Request or obtain consumer credit reports from one or more credit reporting agencies in connection with the administration of your Application;
C. Communicate with you in-person, by telephone, mail, email, text or any social media platforms; and
D. Provide reports to you on the status of your Application, including information concerning whether you pre-qualify for a loan or not, which lender’s loan offer (if any) you choose to accept, or whether your application for credit is denied.
6. You are granted a limited, non-exclusive right to create text hyperlinks to the Site for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Intellectual Property from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Intellectual Property, but not caches or archives of such Intellectual Property. We may revoke these permissions at any time.
2. INTELLECTUAL PROPERTY
All references in this Site to trade names, trademarks, logos, service marks, designs and other intellectual property and all names, text, designs, graphics, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Site or in any of our advertisements on social media (collectively “Intellectual Property”)are references to the owner and/or licensee(s) of such Intellectual Property, and all rights in respect of all of such Intellectual Property are reserved and protected.“®” refers to a registered trademark of the owner of the Intellectual Property; “™” refers to a trademark of the owner of the Intellectual Property; and “©” refers to a copyright of the owner of the Intellectual Property.
Unless otherwise noted or provided in these Terms or in the text on the Site, everything on this Site is the property of the owner of such Intellectual Property. Such Intellectual Property may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Intellectual Property of each Site, copyrighted and protected as a collective work. You agree that the applicable Main Street Motors LLC entity owns all right, title and interest in and to the Intellectual Property, that nothing from this Site may be used by you except as provided in these Terms without the written permission of Main Street Motors LLC, and that you will not use the Intellectual Property for any unlawful or infringing purpose. You do not acquire any right, title or interest in any Intellectual Property by accessing or using the Sites. Subject to your compliance with these Terms, we grant you a limited license to access and use the Sites and their Intellectual Property for personal, informational, and shopping purposes. You agree not to reproduce or distribute the Intellectual Property in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without prior express written permission from Main Street Motors LLC. Main Street Motors LLC neither warrants nor represents that your use of materials displayed on or downloaded from this Site will not infringe rights of third parties not owned by or affiliated with Main Street Motors LLC.
Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on this Site without the prior written permission of Main Street Motors LLC or any third party that may own any such item displayed on the Site. Your use of any of the Intellectual Property displayed on this Site and any other content on this Site is strictly prohibited except only and to the limited extent expressly permitted in these Terms.
3. SUBMISSIONS
You are responsible for any communication or material you transmit to Main Street Motors LLC or through this Site by the “Contact” section of the Sites, electronic mail, or otherwise, including any data, questions, comments, suggestions or the like (all of which are collectively called“Submissions”), which is and will be treated as non-confidential and non-proprietary. PLEASE DO NOT POST OR SEND US ANY SUBMISSIONS, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. Any Submissions you transmit become the property of Main Street Motors LLC and may be used by Main Street Motors LLC and its affiliates and may be used and exploited for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other exploitation in any way, whether for commercial gain or otherwise and with or without your name associated with the material, at Main Street Motors LLC’s election. Not with standing the foregoing, please note that any personally identifiable information you submit to us that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.
You agree, represent and warrant that any Submissions you post on a Site or transmit through our Sites is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such Submissions. You shall not upload, post or otherwise make available on or through a Site any Submissions protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such Submissions.
Without limiting the generality of this Section, you agree to sign and deliver to Main Street Motors LLC on demand all further documents and assurances that Main Street Motors LLC may request in connection with the assignments, transfers, releases and waivers contemplated by that Section.
4. YOUR CONDUCT
You will not use the Site to:
A. upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with this Site;
B. interfere with the servers or networks connected to this Site or to violate any of the security, procedures, policies or regulations of networks connected to this Site;
C. impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with this Site, , or express or imply that we endorse any statement you make;
D. conduct yourself in a vulgar, offensive, harassing or objectionable manner while using this Site;
E. submit or otherwise publish through this Site or on any social media or other forums accessible from it any material or content which is defamatory, offensive, pornographic, abusive or threatening or which describes any illegal activity or advertises any goods or services;
F. submit or otherwise publish through this Site or on any social media or other forums accessible from it any material or content which infringes the intellectual property rights of a third party;
G. use this Site for any unlawful purpose;
H. reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell, sublicense or export or otherwise exploit for any commercial purposes, any portion of, use of, or access to this Site or the software associated with this Site;
I. build a competitive product or service using the Site, build a product or service using similar ideas, features, functions, or graphics as the Site or determine whether the Site is within the scope of any patent;
J. use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site or to collect any information from the Site or any other user of the Site;
K. reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of this Site; or
L. assist or permit any persons in violating these Terms or other applicable laws or rules governing the use of this Site.
5. LIMITATION OF LIABILITY; WARRANTY; AND INDEMNITY
1. YOUR USE OF AND BROWSING IN THIS SITE ARE UNDERTAKEN AT YOUR OWN RISK. NEITHER MAIN STREET MOTORS LLC, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENCIES, DEALERS, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OR OPERATION OF THIS SITE (COLLECTIVELY, THE “RELEASEES”) IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONSEQUENCES FLOWING THEREFROM, INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES WHICH MAY INFECT OR OTHER DAMAGES WHICH MAY OCCUR TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS, USE OF OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW. WE OFFER NO REPRESENTATION OR WARRANTY THAT YOU WILL BE APPROVED FOR A LOAN, THAT YOU WILL BE ABLE TO PURCHASE A VEHICLE OR OTHER PRODUCT(S) IN CONNECTION WITH YOUR USE OF OUR SITE, THAT ANY LOAN TERMS OR VEHICLE PURCHASE TERMS WILL BE ACCEPTABLE TO YOU, OR THAT OUR PARTNERS WILL AGREE TO WORK WITH YOU.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON A SITE OR ANY OTHER SITES LINKED TO OR FROM A SITE. THE CONTENT OF A SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED WITHOUT LIMITING THE GENERALITY OF SECTION 5.1 AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES WHICH MAY BE IMPLIED ACCORDING TO THE LAWS OF ANY JURISDICTION INCLUDING YOUR JURISDICTION, UNLESS IN YOUR JURISDICTION THE EXCLUSION OF SOME OR ALL OF SUCH EXPRESSED OR IMPLIED WARRANTIES IS NOT PERMITTED OR IS RESTRICTED, IN WHICH CASE ALL SUCH EXPRESSED OR IMPLIED WARRANTIES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION.
You agree to indemnify, defend, and hold Main Street Motors LLC, and its officers, directors, employees, agents and distributors, harmless from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (1) your breach of any of your agreements, representations or warranties set out in these Terms and Conditions; (2) your activities and access to or use of this Site or any site to which this Site is or may be linked from time to time; (3) your use of, reliance on, or publication, communication or distribution of anything on or from this Site or any site to which this Site may be linked from time to time; and/or your violation of any law or regulation ; or (4) the Submissions or other information you provide to us through a Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
The Site is not intended to be professional advice or recommendations (including financial, legal or other professional advice). It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or though the Site.
6. CONFIDENTIALITY AND PRIVACY ISSUES; CHILDREN
Unless encrypted, information sent or received over the Internet is insecure and Main Street Motors LLC cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. Main Street Motors LLC will not be responsible for any damages you or any third party may suffer as a result of or in connection with the transmission of any information from or to Main Street Motors LLC through this Site.
Through your access or use of this Site, Main Street Motors LLC is able to and may in fact gather certain information about you and your usage of the Site. Any personal information you submit to us will be handled in accordance with our Privacy Policy. You may access the full text of our Privacy Policy at
https://blakedrives.com/privacy--policy (“Privacy Policy”) or by selecting the link in the footer.
Our Sites are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO ACCESS AND USE OUR SITES. If you are under the age of majority in your home state/province, which is eighteen (18) years in most states/provinces, you may not establish a registered account with us or submit an Application.
7. REFERRED BUSINESSES; LINKED SITES; NO THIRD PARTY RIGHTS
Main Street Motors LLC may provide a referral to an independent business, such as a car dealer, , and Sites and communications from Main Street Motors LLC may include advertisements for products or services (including cars, car loans or other financing, extended car warranties, insurance, roadside assistance services, personal loans, credit building services and credit cards) offered by car dealers. Those referrals and advertisements do not guarantee that a referred product or service will be offered or available to you as indicated or at all, or that you will qualify to purchase or receive a referred product or service. The availability of a referred product or service is within the discretion of the relevant car dealer (not Main Street Motors LLC) and will be subject to the terms and conditions specified by the car dealer (not by Main Street Motors LLC).
Referred car dealers are independent from Main Street Motors LLC, and Main Street Motors LLC does not have any control over, and are not responsible or liable for, any car dealer or any referred product or service. Each car dealer will provide its referred products or services subject to a separate agreement between you and the car dealer, and Main Street Motors LLC is not a party to that agreement or any related transaction between you and the car dealer. YOUR DEALINGS WITH CAR DEALERS AND YOUR USE OF A REFERRED PRODUCT OR SERVICE ARE AT YOUR OWN RISK, AND YOU WILL NOT MAKE ANY CLAIM AGAINST MAIN STREET MOTORS LLC ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR DEALINGS WITH A CAR DEALER OR ANY REFERRED PRODUCT OR SERVICE.
We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Twitter, YouTube, TikTok, Pinterest and Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.
The Site may contain links to other sites on the Internet that are owned and operated by third parties (the “External Sites”). Even if the third party is affiliated with Main Street Motors LLC, Main Street Motors LLC has no control over these External Sites, all of which have separate privacy policies, data collection practices and terms and conditions independent of Main Street Motors LLC. Main Street Motors LLC has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions or the content of such External Sites. Main Street Motors LLC does not warrant the accuracy, completeness, authenticity, or reliability of third-party websites linked to the Main Street Motors LLC website and is not responsible for the contents of any linked website or any information, statements, opinions or other information provided by third parties and made available on our Sites. If you click these External Sites, you will leave our Sites. These links to External Sites are only for your convenience and therefore you access them at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Links do not imply that Main Street Motors LLC sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites or any of the products or services described thereon. YOU AGREE THAT YOUR USE OF EXTERNAL SITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH EXTERNAL SITES AND RESOURCES.
If and to the extent that any other sites are linked to this Site or any other Main Street Motors LLC site at any time, Main Street Motors LLC is not responsible for the content of any such linked site or any link contained within such a linked site. Main Street Motors LLC reserves the right to terminate any link or linking program at any time and the linking of any site to or through this Site does not imply any endorsement by Main Street Motors LLC of the companies, products or information offered, described or otherwise made available on or through such linked sites. If you decide to access any site linked through or to this Site, you do so entirely at your own risk.
8. CONSENT TO COMMUNICATIONS
By providing us with your contact information and using the Site, you agree to receive communications via e-mail and/or social media from or on behalf of Main Street Motors LLC at the email address or telephone number (including mobile number) you provided. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us.
Text Message Marketing. By participating in a text message campaign you are agreeing to the Disputes, Arbitration, and Class Action Waiver in Section 10, the
Limitation of Liability in Section 5, well as the rest of the terms herein.
You may be able to sign up to a text message marketing campaign from a Site or through another method provided by us. Text messaging may include one-time or recurring texts (“SMS Programs”):
You may opt out of these communications at any time by texting “STOP” in response to the text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages. If you want to join again, sign up as you did the first time and we will start sending SMS messages to you again.
Message and data rates may apply. If you have any questions about your text or data plan, it is best to contact your wireless provider.
Participating carriers where we are able to deliver messages include major mobile carriers. Mobile carriers are not liable for delayed or undelivered messages to the customer. If your mobile carrier is not participating, you will not receive a reply to your messages. Some mobile carriers may not support some of the services at the prices offered. Pre-paid users may not be able to participate and need to check with mobile carrier.
9. CAR DEALER INFORMATION
10. DISPUTES, ARBITRATION AND CLASS ACTION WAIVER
Any dispute, claim or controversy, including those known or unknown that may be later discovered, arising out of or relating to these Terms, other agreements on the Site, or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in Miami, Florida before one arbitrator or submitted to small claims court in Miami-Dade, County, Florida. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to these Terms shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms, including Rules 16.1 and 16.2 of those Rules.
No Class Actions.YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Seeking Arbitration. If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: 219-476-0005 1059 West Street, Valparaiso, IN 46385. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
Hearing. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Award. In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.
Injunctive Relief. Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of these Terms unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Injunctive Relief. Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of these Terms unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Coordinated Proceedings. If 25 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims“), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and our counsel for shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”).The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.
Governing Law and Rules. If 25 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims“), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and our counsel for shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”).The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.
Severance of Arbitration Agreement. If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying or otherwise describing the arbitration agreement shall be severed from these Terms. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.
11. JURISDICTION SPECIFIC TERMS.
United States
A. New Jersey Residents. If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c)Indemnity; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms are found to violate an established legal right.
B.California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at(916) 445-1254or(800) 952-5210. If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using this Site, you agree that these California Civil Code Section 1542 protections no longer apply to you.
Canada
L’acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
A. Quebec Customers. For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.
B. Dispute Resolution. The arbitration requirements of these Terms will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.
C. Privacy and Consumer Complaints. Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to [email protected] . You may also contact us by writing to 219-476-0005 West Street, Valparaiso, IN 46385
12. TERMINATION.
The Sites and these Terms are in effect until terminated by you or us. We may terminate these Terms by notifying you using any contact information we have about you or by posting such termination on the Site. You may terminate these Terms by providing written notice of termination, including your detailed contact information to us using the information in the
Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of these Terms concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all content obtained from the Site and all copies thereof; and (ii) you will immediately cease all use of and access to the Site. You agree that if your use of the Site is terminated pursuant to these Terms, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Site after termination will be a violation of this Section, which survives any termination.
13. IMPORTANT LEGAL TERMS.
We may assign these Terms at any time with or without notice to you. You may not assign or sublicense these Terms or any of your rights or obligations under these Terms without our prior written consent.
If any provision of these Terms is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.
Should we employ you, none of the materials provided on the Site constitute or should be considered part or of an employment contract or an offer for employment.
These Terms apply exclusively to your access to, and use of, the Site and does not alter in any way the terms or conditions of any other agreement you may have with us for services, programs or otherwise. Additional policies and terms may apply to use of specific portions of the Site and are included as part of these Terms whether they reference these Terms or not.
14. CONTACT US.