| GENERAL
This agreement is governed
by the laws of the State of Texas, USA. . Use
of this Website is unauthorized in any
jurisdiction that does not give effect to all
provisions of these terms and conditions,
including without limitation this paragraph.
You agree that no joint venture, partnership,
employment, or agency relationship exists
between you and ThirdCoastCars as a result of
this agreement or use of this Website.
ThirdCoastCars's performance of this agreement
is subject to existing laws and legal process,
and nothing contained in this agreement is in
derogation of ThirdCoastCars's right to comply
with law enforcement requests or requirements
relating to your use of this Website or
information provided to or gathered by
ThirdCoastCars with respect to such use. If
any part of this agreement is determined to be
invalid or unenforceable pursuant to
applicable law including, but not limited to,
the warranty disclaimers and liability
limitations set forth above, then the invalid
or unenforceable provision will be deemed
superseded by a valid, enforceable provision
that most closely matches the intent of the
original provision and the remainder of this
agreement shall continue in effect. This
agreement constitutes the entire agreement
between the user and ThirdCoastCars with
respect to this Website and it supersedes all
prior or contemporaneous communications and
proposals, whether electronic, oral or
written, between the user and ThirdCoastCars
with respect to this Web site. A printed
version of this agreement and of any notice
given in electronic form shall be admissible
in judicial or administrative proceedings
based upon or relating to this agreement to
the same extent and subject to the same
conditions as other business documents and
records originally generated and maintained in
printed form.
Any rights not expressly
granted herein are reserved.
LIABILITY DISCLAIMER
ALL CONTENT PROVIDED ON
THIS WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY
AND DOES NOT IN ANY MANNER CREATE A LEGAL
CONTRACT EXPRESS OR IMPLIED BETWEEN THIRDCOASTCARS
AND YOU. WITHOUT LIMITING THE FOREGOING, THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
PUBLISHED ON THIS WEBSITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY MADE TO THE INFORMATION
HEREIN. THIRDCOASTCARS
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT
ANY TIME. THIRDCOASTCARS
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. THIRDCOASTCARS
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL THIRDCOASTCARS
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF THIS WEBSITE OR
WITH THE DELAY OR INABILITY TO USE THIS
WEBSITE, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES OBTAINED THROUGH THIS
WEBSITE, OR OTHERWISE ARISING OUT OF THE USE
OF THIS WEBSITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THIRDCOASTCARS OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES.
NO UNLAWFUL OR PROHIBITED
USE
Any deposit
requirement is strictly negotiable between you
and the dealer (NOT ThirdCoastCars
). From time-to-time a
vehicle dealer with whom you are negotiating
for a purchase or lease may require a good
faith monetary deposit as a good faith showing
of your intent to purchase or lease a general
make, model or type of vehicle and/or to hold
a particular vehicle on your behalf.
Absent a
specific agreement between you and the dealer,
a dealer is not required to hold any vehicle
off the market and is free to sell any vehicle
at any time before you have executed a
contract to purchase such vehicle. The act of
submitting a purchase request through our
Website does not place a hold on any specific
vehicle in a dealer or manufacturer's
inventory. A monetary deposit made by you to
the dealer is not a guarantee that a specific
vehicle will be available for you to purchase
unless you and the dealer specifically agree
to such term and the vehicle is clearly
identified on a deposit receipt by the Vehicle
Identification Number or Dealer Stock Number.
It is your responsibility to confirm with the
dealer that the vehicle will be held off the
market until you can arrive at the dealership
to complete the purchase and whether or not an
additional deposit is necessary as a condition
of the dealer holding the vehicle for you.
Whether your
deposit is refundable or not is subject to
your contractual agreement with the dealer
and/or state law. You should not assume a
deposit made by you towards the purchase or
lease of a vehicle is fully refundable.
Deposits made on special ordered vehicles may
not be refundable in the event you ultimately
do not complete the purchase or lease.
CREDIT
EVALUATION
You are not
required to apply for vehicle financing as a
condition of your using this Website or any of
the services offered hereon. Independent third
party lenders and not ThirdCoastCars provide
all vehicle-financing programs. If you choose
to apply for financing through one of our
affiliated-lending partners, you do so with
this understanding. You will be asked to
submit an application for credit and other
documentation, as the lender deems necessary
in order to facilitate the loan. Payment
information provided to you on this Website is
for educational purposes only and shall
not be considered as final. Your actual
payment will be based upon, among other
things, the results of an independent credit
evaluation, current prevailing interest rates,
and the length and amount of the loan
requested.
It is
YOUR RESPONSIBILITY TO READ THE VEHICLE
DESCRIPTION PROVIDED BY THE DEALER AND TO
PHYSICALLY INSPECT THE VEHICLE PRIOR TO
COMPLETING YOUR PURCHASE. A non-certified
vehicle shall mean a dealer offered, retail
quality, pre-owned vehicle that is offered
without express warranty, refund or exchange
options. Dealer may post any retail quality
vehicle owned by the Dealer, regardless of
model year or mileage. Dealer has agreed not
to post any consignment vehicle(s). Dealer is
responsible for disclosing prior rental and
dealer demonstration history, frame damage,
salvage history, stolen-recovery history,
flood damage, and any material cosmetic or
mechanical damage, defect or irregularity of
the vehicle. Dealer, in its sole discretion,
may offer a limited warranty for a vehicle(s)
or in the alternative, offer a vehicle,
without warranty, AS-IS.
Introduction
and Agreement. This website is owned and
operated by ThirdCoastCars. These Terms of
Service apply to the this version of the Site,
located at www.dfwautodirect.com,
as well as to any other locations of the Site
that ThirdCoastCars
co-brands with affiliates and other
distribution partners ("Affiliates").
You may have arrived at a co-branded version
of the Site from an Affiliate's website. By
using the Site, you hereby agree that you are
at least eighteen (18) years of age and bound
by all of the following provisions of these
Terms of Service. Click here to review the
Site's Privacy Policy.
ThirdCoastCars
Is an Advertising Service. ThirdCoastCars
operates the Site as an online advertising and
research service for car buyers, sellers and
enthusiasts. ThirdCoastCars does not
sell vehicles directly and is never a party to
any transaction between buyers and sellers. As
a result, ThirdCoastCars does not (a)
guarantee or ensure any vehicle or any
transaction between a buyer and seller, (b)
collect or process payment or transfer of
title on behalf of buyers or sellers, or (c)
warehouse, store, ship or deliver any
vehicles.
Site
Content. All information and content
available on this Site ("Content")
is protected by copyright and other
intellectual property laws. The Content is
owned by ThirdCoastCars, its Affiliates,
and/or their respective licensors and
suppliers ("Licensors"). The
Content is intended for personal and
noncommercial use only. While you may interact
with or download a single copy of any portion
of the Content for your personal and
noncommercial entertainment, information or
use, you may not reproduce, sell, publish,
distribute, modify, display, perform, re-post
or otherwise use any portion of the Content in
any other way or for any other purpose without
the prior written consent of ThirdCoastCars.
Software.
Please note that all software programming,
including without limitation all HTML and
other code contained in this Site
(collectively, "Software"),
is owned by ThirdCoastCars and/or its
Licensors and is protected by copyright laws
and other intellectual property laws, as well
as international treaty provisions. Any
unauthorized access to, reproduction,
redistribution, publication, display or other
use of the Software is expressly prohibited by
law and may result in severe civil and/or
criminal penalties. Violators will be
prosecuted to the maximum extent possible.
Linking.
If you operate a website and wish to link to
the Site, you must link to the Site's home
page unless permission otherwise has been
granted in writing by ThirdCoastCars. ThirdCoastCars
reserves the right to reject or terminate any
links to the Content or the Site.
User
Materials. By submitting ads, content,
photos, data or other materials ("Materials")
to the Site, you hereby grant to ThirdCoastCars
and its Affiliates a royalty-free, perpetual,
irrevocable, nonexclusive, fully transferable,
fully sublicensable right and license to copy,
modify, display, distribute, perform, create
derivative works from, and otherwise use and
exploit all such Materials in any form, media,
software or technology of any kind now
existing or developed in the future. You
further grant to ThirdCoastCars and its
Affiliates a royalty-free right and license to
use your name, image and likeness in
connection with the reproduction or
distribution of the Materials.
Interactive
Forums. This Site may offer message
boards, bulletin boards, chat rooms or other
forums ("Forums") to give
Users 18 years of age and older an interesting
and stimulating forum in which they can
express their opinions and share their ideas.
ThirdCoastCars and its Affiliates do not
endorse the accuracy or reliability of any
advice, opinion, statement or information
posted on these Forums. Please use your best
judgment, and be respectful of other
individuals using these Forums. By posting a
message in the Forum, you agree to abide by
these Terms of Service. You may not use the
Site's Forums to engage in any Prohibited
Activities. Uploading copyrighted or other
proprietary Material of any kind on the Site
without the express permission of the owner of
that Material is prohibited and may result in
civil and/or criminal liability.
ThirdCoastCars
does not monitor all of the Materials posted
or transmitted by you and other third-party
information providers. ThirdCoastCars reserves the right, in its sole discretion, to
monitor, refuse to publish, remove, delete,
move or edit any Materials without notice, at
any time for any reason. By using the Site,
you expressly agree that ThirdCoastCars (a)
will not be liable to any claims, actions or
judgments arising out of or related to any
Materials and (b) may monitor, refuse to
publish, remove, delete, move or edit any
Materials without notice at any time for any
reason, without liability and without
providing a refund.
Unsolicited
Materials. ThirdCoastCars does not accept
unsolicited materials or ideas for use or
publication in its programming or in other
digital, electronic or print media except in
connection with the Forums, chat rooms and
bulletin boards on the Site. ThirdCoastCars
and the Affiliates shall not be responsible
for the similarity of any of its content or
programming in any media to Materials or ideas
transmitted to the Site.
Prohibited
Activities. The following is a partial
list of the kinds of activities that are
prohibited on or through the Site: (a)
submitting Material that is patently offensive
to the online community, such as content that
promotes racism, bigotry, hatred or physical
harm of any kind against any group or
individual; (b) engaging in activities or
submitting Material that could be harmful to
minors; (c) engaging in activity or submitting
Material that harasses or advocates harassment
of another person; (d) engaging in activity
that involves the transmission of "junk
mail" or unsolicited mass mailing or
"spam" to ThirdCoastCars Users
or others; (e) engaging in activity or
submitting Material, or promoting information,
that is fraudulent, false or misleading or
promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or
libelous; (f) submitting Material that
contains restricted or password-only access
pages, or hidden pages or images; (g)
submitting Material that displays pornographic
or sexually explicit material of any kind; (h)
submitting Material that provides
instructional information about illegal
activities such as making or buying illegal
weapons, violating someone's privacy, or
providing or creating computer viruses; (i)
engaging in activities or submitting Materials
that solicit passwords or personally
identifiable information for unlawful purposes
from other Users; (j) engaging in commercial
activities and/or sales without our prior
written consent, such as contests,
sweepstakes, barter, advertising and pyramid
schemes; (k) using the Site's lead forms
and/or toll-free numbers to advertise or
promote products and services to ThirdCoastCars
advertisers; (l) using any robot, spider or
other automatic device, or a manual process,
to monitor or copy web pages or the Content
contained in the Site or for any other
unauthorized purpose without our prior
expressed written permission; (m) using any
device, software or routine to interfere or
attempt to interfere with the proper working
of the Site; (n) decompiling, reverse
engineering, disassembling or otherwise
attempting to obtain the source code for the
Software; or (o) taking any action that
imposes an unreasonable or disproportionately
large load on ThirdCoastCars hardware
and software infrastructure ("Prohibited
Activities").
Warranty
Disclaimer. YOU EXPRESSLY AGREE THAT USE
OF THE SITE AND RELIANCE ON ITS CONTENT IS AT
YOUR OWN RISK. THIRDCOASTCARS, ITS AFFILIATES
AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO
NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF
ANY KIND REGARDING THE SITE, THE SOFTWARE, THE
CONTENT, THE MATERIALS, THE LISTING SERVICE OR
THE RESULTS THAT MAY BE OBTAINED FROM USE OF
ANY OF THE FOREGOING. THE SITE, THE SOFTWARE,
THE CONTENT, THE MATERIALS AND THE LISTING
SERVICE ARE PROVIDED ON AN "AS IS, AS
AVAILABLE" BASIS, AND THIRDCOASTCARS, ITS
AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY
LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL
EXPRESS OR IMPLIED WARRANTIES INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE, WARRANTIES OF
MERCHANTABILITY AND WARRANTIES OF
NONINFRINGEMENT. ALL INFORMATION RELATED TO
VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY
THE SELLER OR OTHER THIRD PARTIES.
THIRDCOASTCARS AND THE AFFILIATES MAKE NO
REPRESENTATIONS OR WARRANTIES, EXPRESSED OR
IMPLIED, TO ANY ACTUAL OR PROSPECTIVE
PURCHASER OR OWNER OF ANY VEHICLE AS TO THE
EXISTENCE, OWNERSHIP OR CONDITION OF THE
VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS
OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED
ON THE SITE. THIRDCOASTCARS CANNOT AND DOES
NOT VERIFY OR WARRANT THE ACCURACY OR
COMPLETENESS OF SUCH INFORMATION.
THIRDCOASTCARS RESERVES THE RIGHT, IN ITS SOLE
DISCRETION, TO CORRECT ANY ERROR OR OMISSION
ON THE SITE OR IN THE CONTENT. ALL VEHICLES
ARE SUBJECT TO PRIOR SALES. ANY AND ALL
CONCERNS, DIFFERENCES OR DISCREPANCIES
REGARDING A VEHICLE MUST BE ADDRESSED WITH THE
SELLER PRIOR TO THE SALE OF THE VEHICLE.
EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT
YOURSELF TERMS AND CONDITIONS, THIRDCOASTCARS
DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY
REPRESENTATIONS, WARRANTIES OR GUARANTEES TO
YOU REGARDING THE LISTING SERVICE INCLUDING,
WITHOUT LIMITATION, ANY REPRESENTATIONS,
WARRANTIES OR GUARANTEES THAT YOU WILL SELL
YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR
YOUR VEHICLE, ONLY RECEIVE LEGITIMATE
INQUIRIES OR SOLICITATIONS FROM QUALIFIED
BUYERS, OR RECEIVE ANY INQUIRIES REGARDING
YOUR VEHICLE FOR SALE. FOR PURPOSES OF THIS
WARRANTY DISCLAIMER, "THIRD-PARTY
LICENSOR" DOES NOT INCLUDE YOU. Some
states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may
not apply to you.
Limitation
of Liability. THIRDCOASTCARS,
ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS,
EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY
LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY
DAMAGES OR LOSSES INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES,
RESULTING FROM OR CAUSED BY THE SITE, THE
SOFTWARE, CONTENT, THE MATERIALS, THE LISTING
SERVICE, THESE TERMS OF SERVICE OR OTHERWISE
(INCLUDING, WITHOUT LIMITATION, DAMAGES
RESULTING FROM NEGLIGENCE). IN NO EVENT WILL
THE AGGREGATE MAXIMUM LIABILITY OF THIRDCOASTCARS,
ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS,
EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY
LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS
($50). FOR PURPOSES OF THIS LIMITATION OF
LIABILITY, "THIRD-PARTY LICENSOR"
DOES NOT INCLUDE YOU. Some states do not allow
the exclusion or limitation of incidental or
consequential damages of implied warranties,
so the above exclusion or limitation may not
apply to you.
Termination
of Service. You understand and agree that
in ThirdCoastCars sole discretion, and without
prior notice, your access to this Site may be
terminated or suspended, and ThirdCoastCars
may exercise any other remedy available and
remove any Materials, if ThirdCoastCars
believes that your use of the Site and/or any
Materials you provide (a) violate (i) these
Terms of Service, (ii) the rights of
ThirdCoastCars, any Affiliate or Licensor, or
another User of the Site, or (iii) any law or
regulation, or are otherwise objectionable or
inappropriate or (b) constitute fraudulent
activity of any nature. You agree that
monetary damages may not provide a sufficient
remedy to ThirdCoastCars for violations of
these Terms of Service, and you consent to
injunctive or other equitable relief for such
violations without the requirement that
ThirdCoastCars post a bond. ThirdCoastCars is
not required to provide any refund to you if
you are terminated as an authorized User of
the Site because, in ThirdCoastCars's sole
discretion, you have violated these Terms of
Service.
Miscellaneous.
These Terms of Service may be changed at any
time and you will be notified of any such
changes by an updated posting of the new Terms
of Service on this page of the Site. Your
continued use of the Site after the posting of
any amended Terms of Service shall constitute
your agreement to be bound by any such
changes. ThirdCoastCars may modify, suspend,
discontinue or restrict the use of any portion
of the Site without notice or liability. This
Site includes links to other websites not
established or supervised by ThirdCoastCars or
any Affiliate. ThirdCoastCars and its
Affiliates do not endorse, sponsor or
guarantee these linked websites and are not
responsible in any way for any advice,
content, information, practices, products or
services related to or made available through
such linked websites. These Terms of Service
will be governed by and construed in
accordance with the laws of the State of
Illinois without regard to its conflicts of
law provisions. You hereby agree that any
cause of action you may have with respect to
the Site must be exclusively filed in the
federal or state courts located in Cook
County, Illinois, within one (1) year after
the cause of action arises or the cause is
barred. You hereby consent to personal
jurisdiction in the federal and state courts
in Cook County, Illinois, and waive any
objection based on forum non conveniens. As a
condition of using this Site, you agree that
all causes of action arising out of or
connected with this Site shall be resolved
individually, without resort to any form of
class action. If for any reason a court of
competent jurisdiction finds any provision of
these Terms of Service, or portion thereof, to
be unenforceable, that provision of these
Terms of Service will be enforced to the
maximum extent permissible so as to affect the
intent of the parties, and the remainder of
these Terms of Service will continue in full
force and effect. Failure by ThirdCoastCars to
enforce any provision of this Terms of Service
will not be deemed a waiver of future
enforcement of that or any other provision of
these Terms of Service. This Terms of Service
constitutes the entire agreement between the
parties regarding the subject matter hereof.
Neither this Terms of Service, nor any terms
and conditions contained herein, shall be
construed as creating a partnership, joint
venture or agency relationship or granting a
franchise between the parties.
©2005 BlytzerGraphics @
Mesquite, Texas 75150
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