Terms of Use Of This Site 

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disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect.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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