Terms of Use
Last Updated: May 17, 2021
These
Terms of Use ("Terms") govern your use of the websites operated by JLR
Puente Hills, LLC dba "Jaguar Puente Hills" and "Land Rover Puente
Hills" ("JRLPH," "we," "us" or "our"), including jaguarpuentehills.com,
landroverpuentehills.com, and jaguarlandroverpuentehills.com, where
these Terms are posted (collectively, the "Sites"). These Terms
represent a binding contract between JLRPHÂ and you. By accessing the
Sites, you expressly agree to be bound by them. If you do not agree to
be bound by the Terms, you may not use the Sites.
PLEASE
NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT
WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS
YOU MAY HAVE AGAINST JLRPH ON AN INDIVIDUAL BASIS. ARBITRATION ON AN
INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT
FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED
IN A CLASS OR CONSOLIDATED CAPACITY.
ACCESSIBILITY
Those
with disabilities may access this these Terms by clicking the
accessibility symbol on the lower right corner of this screen or by
clicking here to view a PDF.
ACCOUNT CREATION AND PASSWORDS
To
access certain portions of the Sites, such as to schedule service
appointments, you must create an account. You agree to provide truthful
and accurate information during the account creation process. You also
agree to maintain the accuracy of any submitted data. If you provided
any information that is untrue, inaccurate, or incomplete, we reserve
the right to terminate your account and suspend your use of any and all
Sites. You are responsible for preserving the confidentiality of your
account password and will notify us of any known or suspected
unauthorized use of your account. You agree that you are responsible for
all acts or omissions that occur on your account while your password is
being used.
LISTINGS ON THE SITES
The
Sites make available information and images associated with vehicles
and related products and services (such service plans, protection plans,
accessories, and parts) being offered for sale by or through JLRPH
(collectively, "Listings"). While we endeavor to display accurate
information on the Sites, we cannot guarantee the accuracy of any
Listings, including any features, specifications, and prices. Similarly,
while we attempt to display the colors of vehicles and products that
appear on the Sites as accurately as possible, we cannot guarantee that
your device's display of any of these colors will be accurate. Certain
items listed on the Sites may have limited quantities and may not always
be available. All information provided in connection with any Listings
is subject to change at any time. Listings available on the Sites may be
subject to additional terms and conditions of purchase that will be
presented during the purchase process. It is your responsibility to
carefully review any such additional terms and conditions and to consult
any qualified legal or financial professionals as needed.
USER CONDUCT
By
using the Sites, you agree to not use the Sites in any manner that:Â Â Â
Is designed to interrupt, destroy or limit the functionality of, any
computer software or hardware or telecommunications equipment (including
by means of software viruses or any other computer code, files or
programs);Â Â Â Interferes with or disrupts the Sites, services connected
to the Sites, or otherwise interferes with operations or services of the
Sites in any way;Â Â Â Infringes any copyright, trademark, trade secret,
patent or other right of any party, or defames or invades the publicity
rights or the privacy of any person, living or deceased (or impersonates
any such person);Â Â Â Consists of any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;Â Â Â
Causes us to lose (in whole or in part) the services of our Internet
service providers or other suppliers;Â Â Â Links to materials or other
content, directly or indirectly, to which you do not have a right to
link;Â Â Â Is false, misleading, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive or another's
privacy, hateful, or racially, ethnically or otherwise objectionable, as
determined by us in our sole discretion;Â Â Â Copies, modifies, creates a
derivative work of, reverse engineers, decompiles or otherwise attempts
to extract the source code of the software underlying the Sites or any
portion thereof;Â Â Â Violates, or encourages anyone to violate these
Terms, any ancillary terms and conditions listed on the Sites, or the
Privacy Statement; or   Violates, or encourages to violate, any
applicable local, state, national, or international law, regulation, or
order.
LINKING
We
welcome links to Sites. You are usually free to establish a hypertext
link to any of the Sites so long as the link does not create a false
implication of sponsorship or endorsement of your site by any of the
Sites or by JLRPH.
NO FRAMING
Without
our prior written permission, you may not frame, or make it appear that
a third-party website is presenting or endorsing, any of the content of
the Sites, or incorporate any intellectual property of the Sites, JLRPH
or any of its licensors into another website or other service.
AGE LIMITATION
The
Sites are not intended for use by persons under the age of 16. If you
are under the age of 16, please do not use the Sites. Specific age
requirements for purchases or payments associated with any Listings may
be provided in additional terms and conditions presented in connection
with the relevant Listing.
COPYRIGHT AND TRADEMARK OWNERSHIP
The
Sites and their content, features and functionality, including, without
limitation, information, text, graphics, logos, button icons, images,
audio clips, video clips, data compilations and the design, selection
and arrangement thereof (collectively, the "JLRPH Content"), are the
exclusive property of JLRPH, our licensors, or other content suppliers,
and are protected by United States and international copyright,
trademark, patent and other intellectual property or proprietary rights
laws, and may not be used or exploited in any way without our prior
written consent. The Jaguar and Land Rover marks and designs are
registered trademarks of Jaguar Land Rover North America, LLC, and may
not be used, downloaded, copied or distributed in any way. You may
download information from the Sites and occasionally print out a hard
copy of a single page for your informational, non-commercial use
provided that you keep intact and do not remove or alter any copyright
or other notice (e.g., trademark, patent, etc.) contained in the
information. Except as otherwise expressly stated herein, you may not
modify, copy, distribute, display, reproduce, sell, license, or create
derivative works from any information or JLRPH Content, in whole or in
part, including any text, images, audio, and video in any manner,
without the prior written authorization of JLRPH or any applicable third
party suppliers. Any unauthorized use of text or images may violate
copyright laws, trademark laws, the laws of privacy and publicity, and
applicable regulations and statutes. You agree to comply with reasonable
written requests from us to help us protect our proprietary and
intellectual property rights.
YOUR INTELLECTUAL PROPERTY RIGHTS AND LICENSE GRANT
Some
features on our Sites, either now or in the future, may allow you to
post or submit content and materials to and/or for publication on the
Sites ("Your Content"). You own any intellectual property rights to Your
Content, but you agree that we can use, reproduce, modify, adapt and
publish Your Content on a non-exclusive basis. You are responsible for
Your Content, and acknowledge that once published, we cannot always
remove it. You are responsible for the legality and accuracy of Your
Content. We are providing you with access to the Sites pursuant to a
limited, non-exclusive, non-sub-licensable, non-transferable, revocable
license. You can use the Sites for personal, non-commercial use, and
subject to these Terms. This license is available to you as long as you
are not barred from the Sites by applicable law and your account is not
terminated by us or by you. If these Terms are not enforceable where you
are located, you may not use the Sites. We reserve all right, title,
and interest not expressly granted under this license to the fullest
extent possible under applicable laws.
THIRD-PARTY SITES AND APPLICATIONS
The
Sites may contain links to other websites. We are not responsible for
the availability of these external websites nor do we necessarily
endorse the activities or services provided by these websites. The Sites
may also include third-party plug-ins, applications, and
functionalities (collectively, "Third-Party Applications"), which may
include Third-Party Applications related to vehicle appraisals.
Third-Party Applications available through the Sites are not under the
control of JLRPH and may be subject to additional terms and conditions
between you and the provider of the Third-Party Application. You are
responsible for your compliance with such additional terms and
conditions. Under no circumstances shall we be held responsible or
liable, directly or indirectly, for any loss or damage caused or alleged
to have been caused to a user in connection with the use of or reliance
on any content, goods or services available on such external websites
or Third-Party Applications.
PRIVACY
We
respect your privacy and have taken specific steps to protect it. Your
submission of personal information through the Sites is governed by our Privacy Policy.
DISCLAIMER
OF WARRANTIESÂ TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR
THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE SITES AND THE
CONTENT ON THE SITES ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATION OR
WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN
ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR
ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY
OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. WE
DISCLAIM IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND
SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE,
OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE
OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY JLRPH OR A JLRPH REPRESENTATIVE SHALL CREATE A WARRANTY.
WE
DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT
THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL
TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM
THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE,
RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE
THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR
THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR
CHOOSING.
FURTHER, WE DO NOT ENDORSE AND
MAKE NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION,
INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES
WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON
INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF
ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE
SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE,
REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR
OTHER CONTENT ON THE SITES.
LIMITATION OF LIABILITY
TO
THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED
TO CONSUMERS UNDER APPLICABLE LAWS, WE WILL HAVE NO OBLIGATION OR
LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING
NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR
LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR
CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES
ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO
YOUR USE OF THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE
OF OR INABILITY TO USE THE SITES, (ii) COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY
CONTENT MADE AVAILABLE TO YOU THROUGH THE SITES, OR (v) ANY OTHER MATTER
RELATING TO THE SITES.
IN ADDITION, WHEN
USING THE SITES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS
BEYOND OUR CONTROL AND JURISDICTION AND THAT OF OUR PARTNERS,
ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE
SITES. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY,
FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION
TRANSMITTED IN CONNECTION WITH USE OF THE SITES.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
Except
where and to the extent prohibited by law, by using the Sites, you and
JLRPH agree that, if there is any controversy, claim, action, or dispute
arising out of or related to your use of the Sites or the breach,
enforcement, interpretation, or validity of these Terms or any part of
it ("Dispute"), both parties shall first try in good faith to settle
such Dispute by providing written notice to the other party describing
the facts and circumstances of the Dispute and allowing the receiving
party thirty (30) days in which to respond to or settle the Dispute.
Notice shall be sent to:Â Â Â
- JLR Puente Hills, LLC, at 9136 E Firestone Blvd., Downey, CA 90241; ATTN: General Counsel, or  Â
- You, at the address we have on file for you
Both you and JLRPH agree that this dispute resolution procedure is a
condition precedent that must be satisfied before initiating any
litigation or filing any claim against the other party. IF ANY DISPUTE
CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE
THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE
DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN
INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT
FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED
IN A CLASS OR CONSOLIDATED CAPACITY. Other rights that you and we would
otherwise have in court will not be available or will be more limited
in arbitration, including discovery and appeal rights. All such disputes
shall be exclusively submitted to JAMS (www.jamsadr.com) for binding
arbitration under its rules then in effect, before one arbitrator to be
mutually agreed upon by both parties.The arbitrator, and not any
federal, state, or local court or agency, shall have exclusive authority
to resolve any dispute arising under or relating to the interpretation,
applicability, enforceability, or formation of these Terms, including
any claim that all or any part of these Terms are void or
voidable.
CHOICE OF LAW AND CHOICE OF FORUM
These Terms have been made in
and shall be construed in accordance with the laws of the State of
California, without giving effect to any conflict of law principles. Any
disputes or claims not subject to the arbitration provision discussed
above shall be resolved by a court located in the State of California
and you agree and submit to the exercise of personal jurisdiction of
such courts for the purpose of litigating any such claim or
action.
MODIFICATION AND TERMINATION
 We reserve the right to modify these
Terms at any time. When we do so, we will update the "Last Updated"
date above. You will be notified of any material changes to these Terms
via a posting on the Sites and/or via email at the email address we have
on file for you. We shall have the right to immediately terminate these
Terms with respect to any user which we, in our sole discretion,
consider to be unacceptable, or in the event of any breach by you of
these Terms.
CONTACT USÂ If you have any questions, comments or concerns
about these Terms, please contact JLRPH using the "Contact Us" form on
jaguarpuentehills.com or landroverpuentehills.com, by calling
1-888-615-2744, or by mail at 9136 E Firestone Blvd., Downey, CA 90241,
ATTN: General Counsel. California residents may reach the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by mail at 1625 North Market Blvd.,
Sacramento, CA 95834, or by telephone at 1-916-445-1254 or
1-800-952-5210.