|
Legal Disclaimer
Flemington Buick INTERNET SITE TERMS OF USE
PLEASE CAREFULLY REVIEW THESE TERMS OF USE BEFORE USING THIS SITE.
INTRODUCTION AND USER AGREEMENT
This Terms of Use Agreement (the "Agreement") sets forth the terms and
conditions for your use of this web site (the "Site"). The Site is owned and operated by
Flemington Buick ("Flemington Buick" or "We"). By using the Site, you agree to be bound by this Agreement.
If you do not agree to be legally bound by this Agreement, you should exit this Site immediately.
We reserve the right to amend this Agreement at any time and will notify you of any such
changes by posting the revised Agreement on the Site. You should check this Agreement periodically
for changes. All changes shall be effective upon posting. Your continued use of the Site after any
changed to this Agreement constitutes your agreement to be bound by any such changes. This Agreement
was last updated in 2010. Flemington Buick may terminate, suspend, change, or restrict access to all or
any part of this Site without notice or liability.
RESTRICTIONS ON THE USE OF SITE CONTENT
This Site contains text, data, photos, images and pproduct and other information (collectively, "Content")
that is proprietary to Flemington Buick or its Content providers. You acknowledge that this Content is protected by copyrights,
trademarks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all
forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and
shall remain the property of Flemington Buick or its Content providers (each a "Contributor") who have been involved in the
preparation or publication of the Content. You may not modify, transmit, participate in the sale or transfer of,
or create derivative works based on any Content, in whole or in part. Subject to your full compliance with this Agreement,
You may print copies of the Content, provided that these copies are made only for personal, non-commercial use and that you
maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark
legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content.
Flemington Buick authorizes you to view and use the Content on this Site solely for your personal, noncommercial use. The use of the
Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose is
prohibited without Flemington Buick's prior written approval.
TRADEMARKS
Flemington Buick (including the Flemington Buick logo), are trademarks or service marks of Flemington Buick. Other company, product,
and service names and logos used and displayed on this Site may be trademarks or service marks owned by Flemington Buick or others.
Nothing on this Site should be construed as granting, by implication, or otherwise, any license or right to use any of the
Flemington Buick Trademarks displayed on this Site. We prohibit use of any of the Flemington Buick Trademark as part of
a link to or from any site unless establishment of such a link is approved in advance by us in writing.
COPYRIGHT COMPLAINTS
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of
claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2)
(under the "Digital Millennium Copyright Act") to Flemington Buick's designated agent. Notification should include:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that you claim has been infringed; a description of where the
material you claim is infringing is located on the Site; a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent or the law; and a statement by you,
made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright
owner or duly authorized to act on the copyright owner's behalf.
DISCLAIMER OF WARRANTIES
NONE OF FLEMINGTON BUICK, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,
AGENTS OR INDEPENDENT CONTRACTORS (COLLECTIVELY THE "FLEMINGTON BUICK PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF ANY OF THE CONTENT. THIS SITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY,
EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT.
THE FLEMINGTON BUICK PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE FLEMINGTON BUICK PARTIES BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION)
OF ANY KIND WHETHER IN AN ACTION ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE, OR INABILITY TO USE, THE CONTENT,
THE SITE OR ANY THIRD PARTY SITE TO WHICH THIS SITE IS LINKED. FLEMINGTON BUICK IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF THE FOREGOING
LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE FLEMINGTON BUICK PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR
CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify and hold harmless the Flemington Buick Parties from and against any and all claims, losses, expenses, or demands
or liabilities, including attorneys' fees and costs, incurred by the Flemington Buick Parties in connection with any claim by a third party
(including any intellectual property claim) arising out of (i) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate as
reasonably required in the defense of any such claims. The Flemington Buick Parties reserve the right, at their own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or
matter without the written consent of Flemington Buick.
LINKS TO THIRD PARTY SITES
This Site may contain links to web sites controlled, owned, and operated by third parties (the "Third Party Sites"). Flemington Buick
cannot control and has no responsibility for the accuracy or availability of information provided on the Third Party Sites.
You acknowledge that use of any Third Party Sites is governed by the terms of use for those websites, and not by this Agreement.
Links to Third Party Sites do not constitute an endorsement by Flemington Buick of such sites or the content, products, advertising or other
materials presented on such sites, but are for your convenience and you access them at your own risk. WE ARE NOT RESPONSIBLE FOR THE
CONTENT OF ANY THIRD PARTY WEB SITES, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT
(OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD PARTY WEB SITES, AND FLEMINGTON BUICK SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION
TO ANY OF THE FOREGOING.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found
on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings are solely between you and such advertiser. You agree that
we are not responsible nor shall we be liable for any loss or damage of any sort incurred as a result of any such dealings
or as the result of the presence of such advertiser on the Site.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
Flemington Buick's practices and policies with respect to the collection and use of personally identifiable
information is governed according to Flemington Buick's Privacy Policy.
USER CONDUCT
You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or
Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local,
state, national or international law or regulation.
USER MUST COMPLY WITH APPLICABLE LAWS
This Site is based in New Jersey, United States. Flemington Buick makes no claims concerning whether the Content may be
downloaded or are appropriate for use outside of the United States. If you access this Site from outside of
the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
COMPLIANCE WITH EXPORT LAWS
The United States controls the export of products and information. You expressly agree to comply with such restrictions
and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By
downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are
a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your
specific jurisdiction regarding the import, export, or re-export of the Content.
GENERAL PROVISIONS
Failure by Flemington Buick to enforce any provision(s) of this Agreement shall not be as a waiver thereof. This Agreement and all
other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of
New Jersey, without regard to its conflict of laws rules. All claims and disputes arising out of this Agreement or your
use of the Site, other than actions for specific performance or injunctive relief brought by Flemington Buick, shall be exclusively
brought in the federal, state, or local courts located in New Jersey, and, with regard to such claims and disputes, you
hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any
jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action you may have with respect to
the Content, Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be
barred. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be
enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
You many not assign this Agreement, by operation of law or otherwise, without Flemington Buick's prior written consent. Subject to that restriction,
this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors
and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement.
All rights not expressly granted herein are hereby reserved.
CONTACT US
If you have questions regarding the Agreement or the practices of Flemington Buick, please contact us by e-mail at
ccottrell@flemington.com or by
regular mail at Flemington Buick, 211 Highway 202, Flemington, New Jersey 08822.
|
