Agreement between User and www.socalcadillacdealer.com
Welcome to www.socalcadillacdelaer.com. The www.socalcadillacdelaer.com website (the "Site") is a Product Inventory Listings and Local Offers and Incentives website comprised of various web pages operated by Southern California Cadillac Dealers Local Marketing Association (“SCCDLMA”) and Fox Dealer Interactive, Inc. (“Fox”). The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Socalcadillacdelaer.com provides Southern California consumers with an easy way to view the inventory of approximately 16-member Cadillac dealerships in the Southern California area. Users can view inventory by zip code, by dealership or by model. Additionally, Site users can request specific information from each dealership through online forms that are received and responded to by each member dealer selected.
Visiting www.socalcadillacdelaer.com or sending emails to SCCDLMA and constitutes electronic communications. By using the Site, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Sixteen
SCCDLMA and Fox does not knowingly collect, either online or offline, personal information from persons under the age of sixteen. If you are under 18, you may use www.socalcadillacdelaer.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SCCDLMA and/or Fox and neither is responsible for the contents of any Linked Site, including without limitation any link(s) contained in a Linked Site, or any changes or updates to a Linked Site. SCCDLMA and Fox are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SCCDLMA and Fox of the site or any association with its operators.
Certain services made available via www.socalcadillacdelaer.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.socalcadillacdelaer.com domain, you hereby acknowledge and consent that SCCDLMA and Fox have such contractual relationship to provide the requested product, service or functionality on behalf of www.socalcadillacdelaer.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to SCCDLMA and Fox that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SCCDLMA and/or Fox or their respective suppliers, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SCCDLMA and Fox content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SCCDLMA and Fox and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SCCDLMA and Fox or our licensors except as expressly authorized by these Terms.
The services are controlled, operated and administered by SCCDLMA and Fox from our offices within the USA and intended for use by individuals located in the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws, and understand and consent to having any Personal Information processed in the USA. You agree that you will not use the SCCDLMA and Fox content accessed through ww.socalcadillacdealer.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations
You agree to indemnify, defend and hold harmless SCCDLMA and Fox, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's, expert witness, and accounting fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SCCDLMA and Fox reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SCCDLMA and Fox in asserting any available defenses.
Legal action, Jurisdiction, Venue, and Class Action Waiver
I In such action class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and SCCDLMA and Fox agree otherwise, the court may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SCCDLMA & FOX AND/OR THEIR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SCCDLMA & FOX AND/OR THEIR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SCCDLMA & FOX AND/OR THEIR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SCCDLMA and Fox reserve the right, in their sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SCCDLMA or Fox as a result of this agreement or use of the Site. SCCDLMA’s and Fox’ s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SCCDLMA’s or Fox’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SCCDLMA or Fox 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 the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user, on the one hand, and SCCDLMA and Fox, on the other hand, with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user, on the one hand, and SCCDLMA and Fox, on the other hand, with respect to the 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
SCCDLMA and Fox reserve the right, in their sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. SCCDLMA and Fox encourage you to periodically review the Terms to stay informed of our updates.
SCCDLMA and Fox welcome your questions or comments regarding the Terms:
SCCDLMA, C/O Fox Dealer Interactive, Inc.,
150 South Arroyo Parkway,
Pasadena, CA 91105
Subject line: SoCal Cadillac LMA Terms
Effective as of January 01, 2020