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Legal Notice - Website and App Terms and Conditions of Use

WEBSITE TERMS AND CONDITIONS OF USE

BY ACCESSING AND BROWSING THIS WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE FOLLOWING TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE, PLEASE DISCONTINUE YOUR USE OF THIS WEBSITE.

1. Modification of Terms:

Park Place may, at any time and without notice, amend these terms and conditions ("Terms"), or may limit or deny access to, or change the content of, this website. You should periodically visit this page to review the then current Terms to which you are bound. These Terms are applicable to all Park Place websites. When leaving this website, whether or not to visit another Park Place website, please read the website terms and the privacy policy applicable to such website to ensure you understand and agree with the terms applicable to that website.

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.

3. Trademarks:

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.

4. DISCLAIMERS:

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.

5. Links:

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.

6. Submissions:

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

1. INTRODUCTION:

Welcome to our application (the “App”).  This App is published on behalf of PARK PLACE MOTORCARS, LTD. (“Park Place”), a Texas Limited Partnership with offices located at 6113 Lemmon Avenue, Dallas, TX 75209.  
By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions (“Terms”).  If you have any queries about the App or these Terms, you can contact us by any of the means set out in paragraph 18 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.

2. LIMITED LICENSE; GENERAL RULES RELATING TO CONDUCT:

Subject to these Terms, Park Place hereby grants you a limited license to access and make personal use of this App solely for the purpose for which this App is intended. The App may not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the App, you must comply with all applicable federal, state and local US laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

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.

3. CONTENT:

The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Park Place. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Park Place’s express written permission.

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:

The App may contain links to websites operated by third parties (“Third Party Websites“). Park Place may monetize some of these links through the use of third party affiliate programs. Notwithstanding such affiliate programs, Park Place does not have any influence or control over any such Third Party Websites and, unless otherwise expressly stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

5. PARK PLACE PRIVACY POLICY:

We take your privacy very seriously. Park Place and the Park Place Dealerships will only use your personal information in accordance with the terms of our privacy policy available at http://www.parkplacetexas.com/privacy.aspx. By using the App you acknowledge and agree that you have read and accept the terms of our privacy policy available at http://www.parkplacetexas.com/privacy.aspx and these Terms.

6. DISCLAIMER / LIABILITY:

USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS:
     (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:

Park Place reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

8. ADVERTISERS IN THE APP:

We accept no responsibility for advertisements contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The applicable Park Place Dealership or other advertiser, not Park Place, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the vendor of such goods or services.

9. COMPETITIONS:

If you take part in any competition which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by Park Place from time to time (“Competition Rules“) and by the decisions of Park Place, which are final in all matters relating to the Competition. Park Place reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

10. SUBMISSIONS:

With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy), payment information, and data relating to your vehicle’s VIN number, any communication or material you transmit through this App (including feedback, data, answers, questions, comments, suggestions, ideas, plans, orders, requests or the like) will be treated as non-confidential and non-proprietary. Except as provided in the preceding sentence, all materials transmitted to this App become the property of Park Place and may be used for any purpose, and Park Place may publish the material and/or incorporate it or any concepts described in our products without compensation, restrictions on use, acknowledgment of source, accountability, or liability.  Park Place is not responsible for any other App user’s misuse or appropriate of any submissions you provide using this App.

11. SALE OF PRODUCTS AND SERVICES:

Park Place provides this App but does not sell products or services.  These Terms govern your use of the App.  Any sale to you of any products or services will be governed by the sale terms and conditions of the applicable Park Place Dealership or other vendor accepted by you in connection with that sale.  

12. SECURITY:

Your use of this App may include the option to establish an account that will enable you to use certain services available through this App (the “Account”)   If you elect to establish an Account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are wholly responsible for maintaining the confidentiality of your password and Account and for any and all activities that occur under your Account. You are wholly responsible for all services purchased or charges authorized through your Account.  You agree to immediately notify Park Place of any unauthorized use of your Account or any other breach of security with regard to the App of which you become aware. Park Place will not be liable for any loss that you may incur as a result of a third party using your Account.

13. PRICING:

All prices in the App are shown in U.S. dollars; taxes are not included. All items and services are subject to availability and the applicable Park Place Dealership or other vendor may reject all or part of an order without notice, even if you have already placed an order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Prices displayed on the App may vary from those at the Park Place Dealerships  or other vendors or from advertised prices of the Park Place Dealerships or other vendors.

14. ERRORS:

Park Place does not warrant that any product, service, description, photograph, pricing or other information on the App is accurate, current, complete, reliable, or error-free. In the event of an error within the App or in connection with an order placed through the App, including, by way of example, an error in processing an order, in an order confirmation, or in delivering a product or service, Park Place reserves the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

15. PAYMENT:

When making a purchase through the App, you may only use a valid credit card issued by a card brand that is accepted by this App, as indicated on the payments screen.  Refunds will be credited to the same card or, in our discretion, other method.  By submitting an order through the App, you represent and warrant to Park Place that you are authorized to use the designated card and authorize us to charge your order (including taxes and any other amounts described on the App) to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

16. AGE AND LOCATION OF USERS:

This App is solely directed to individuals 18 years of age or older residing in the United States.  Use of this App by any other individuals is strictly prohibited.

17. GENERAL:

These Terms (as amended from time to time) constitute the entire agreement between you and Park Place  concerning your use of the App.

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.

These Terms shall be governed by and construed in accordance with the laws of the State of Texas and the United States and, to the extent permitted under Applicable Laws, you agree to submit to the exclusive jurisdiction of the federal or state courts serving Dallas County, Texas.

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:

You can contact the Park Place team at 6113 Lemmon Avenue, Dallas, TX 75209 or via email at appfeedback@parkplace.com.

LAST UPDATED:

April 18, 2014.