WEBSITE TERMS AND CONDITIONS OF USE
1. MODIFICATION OF TERMS:
2. RESTRICTED USE AND COPYRIGHTS:
All photographs, audio and video clips, picture images, graphics, links, website architecture, format, layout and data structures, and all other items contained on this website are copyrighted unless otherwise noted and may not be used in any manner, except as provided in these Terms or in the website text, without Park Place's prior written permission. Images of people, places and products, are either property of, or used with permission by, Park Place. Any unauthorized use of these materials may violate copyright, trademark and privacy laws, and other applicable statutes. You may browse this website and download or print a copy of material displayed on the website for your personal use only and not for redistribution, unless consented to in writing by Park Place. This limited consent shall automatically terminate upon your breach of any of these website Terms.
Park Place, product names, model numbers, logos, commercial symbols, trade names and slogans are trademarks and the distinctive shapes of automobiles are trade dress of Park Place and/or the automobile manufacturers, and are protected by U.S. and international trademark laws. You are prohibited from using any of the marks appearing on this website without the express prior written consent of Park Place or the automobile manufacturer, except as permitted by applicable laws. Other marks and logos shown on this website may be marks owned by third parties not affiliated with Park Place and are used with permission. Nothing shown on this website should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this website without the written permission of Park Place or the third party owner. The use of any Park Place logo or mark, whether registered or unregistered, as a hyperlink to this website or any other Park Place website is strictly prohibited unless consented to in writing by Park Place.
All data contained on this website relating to products or services, including but not limited to prices, availability of service or product, product feature or service coverage, if any, should be verified with Park Place. Park Place may at any time without notice amend the data displayed on the website. While Park Place endeavors to periodically update posted information, not all information may be current, and Park Place does not guarantee the accuracy or reliability of such data. Specifications on the website are for comparison purposes only; specifications, standard equipment, options and pricing are subject to change without notice. Some options may be unavailable. Please consult Park Place for advice concerning the current availability and pricing of options. Manufacturer's Suggested Retail Price (MSRP) excludes transportation fees, taxes, license, title, optional or regionally required equipment. Park Place's price may vary. All vehicles are sold on an "as is" basis unless otherwise agreed to by Park Place in writing. Pictures may not represent actual vehicles. Mileage listings are estimates and are not necessarily accurate odometer readings. Some vehicle information and pricing may be unintentionally missing or inaccurate. Park Place is not responsible for any loss or damage caused by your reliance on any data contained on this website.
This website is provided as a convenience to you on an "as is" and "as available" basis. The content of this website is solely provided for general information purposes it is not intended to and does not constitute an offer for the sale of any specific goods or services. No offers to purchase are allowed through this website, and no such offers will be responded to or accepted. All vehicle sales take place in Texas. Park Place does not warrant that your access to this website will be uninterrupted or error-free. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THIS WEBSITE OR ITS PAGES. PARK PLACE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA, OR LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF PARK PLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Park Place assumes no responsibility and/or liability for any damages to or viruses that may infect your computer equipment or other property on account of or arising out of your use of or access to this website. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Park Place's liability in any case shall, however, be limited to the greatest extent permitted by law.
Park Place may include links to other sites on the Internet that are owned or operated by third parties. When visiting these third-party sites, you do so at your own risk. You should review and determine if you agree to a particular site's terms and conditions of use before using such site. Park Place does not control these sites, makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any third-party sites, and assumes no responsibility for their content. A link to a non-Park Place site does not imply that Park Place endorses the site or the products or services described on such sites.
Any communication or material you transmit to this website (including feedback, data, answers, questions, comments, suggestions, ideas, plans, orders, requests or the like) will be treated as non-confidential and non-proprietary. All materials transmitted to this website become the property of Park Place and may be used for any purpose. Park Place may publish the material and/or incorporate it or any concepts described in it in our products without compensation, restrictions on use, acknowledgment of source, accountability, or liability.
7. GOVERNING LAW:
This website and your use of this website are governed by and subject to the laws of the State of Texas and, where applicable, the laws of the United States of America.
APP TERMS AND CONDITIONS OF USE
2. LIMITED LICENSE; GENERAL RULES RELATING TO CONDUCT:
You agree that when using the App, you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
(a) use or attempt to use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement;
(b) use or attempt to use the App for any unlawful, unauthorized, fraudulent or malicious purpose, including but not limited to uses or attempted uses that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party's use and utility of the App;
(c) access or attempt to gain unauthorized access to the App or any other accounts, networks, servers or computer systems connected to the App;
(d) modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms;
(e) access or use the App in any way that could or is intended to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation, their rights of privacy or publicity;
(f) "spam" others or "phish" for, collect or store personal information about others;
(g) create a false identity for the purpose of misleading others or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party (other than yourself) for any part of this App if you are not expressly authorized by such party to do so;
(i) provide any information which is false, misleading, omits material facts, or is otherwise incorrect or incomplete in any material respect;
(j) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships;
Park Place reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including but not limited to the suspension or termination of the user's access to this App and/or the App account.
You agree to indemnify Park Place, automobile dealerships affiliated with Park Place or other companies affiliated with Park Place (together referred to as the "Park Place Dealerships") in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws. You are responsible for all communications charges incurred by you in connection with the use of this App.
The trademarks, service marks, trade names and logos ("Trade Marks") contained on or in the App are owned by Park Place or its licensors. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Park Place.
4. LINK TO THIRD PARTIES:
6. DISCLAIMER / LIABILITY:
(A) ON BEHALF OF ITSELF AND THE PARK PLACE DEALERSHIPS, PARK PLACE DISCLAIMS:
(1) ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND(2) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE, ALL OF WHICH ARE HEREBY EXCLUDED, AND
(B) IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, PARK PLACE AND THE PARK PLACE DEALERSHIPS ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP.
PARK PLACE AND THE PARK PLACE DEALERSHIPS WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), UNDER STATUTE OR OTHERWISE, AS A RESULT OF OR IN CONNECTION WITH THE APP, FOR ANY: (I) ECONOMIC LOSS (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); (II) LOSS OF GOODWILL OR REPUTATION; OR (III) SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS.
Nothing in these Terms shall be construed as excluding or limiting the liability of Park Place or the Park Place Dealerships for any liability which cannot be excluded or limited under Applicable Laws.
7. SERVICE SUSPENSION:
8. ADVERTISERS IN THE APP:
11. SALE OF PRODUCTS AND SERVICES:
16. AGE AND LOCATION OF USERS:
Park Place reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the updated Terms upon your continued use of the App after such updated Terms have been posted within the App. The modified Terms will apply only to disputes that arise after the modification has been posted in the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of Park Place.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
Park Place's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Park Place in writing.
Unless otherwise expressly stated, nothing in these Terms shall create any rights or any other benefits in favor of any person other than you and Park Place.
18. CONTACT US:
April 18, 2014.