TERMS OF SERVICE
GENERAL
Please read the following Terms of Use carefully. By using www.hollywoodmotorsnj.com (this “Web Site”), you acknowledge that you have read these Terms of Use and that you accept and will be bound by the terms thereof, as they may be modified by www.hollywoodmotorsnj.com, LLC (“HMNJ”), from time to time, as posted on this Web Site. When such a modification is made, we will post a revised version of the Terms of Use on this Web Site. Changes will be effective when they are posted. HMNJ, is not required to provide you with notification that any such change has been made. It is your responsibility to review these Terms of Use from time to time to be aware of any such change. Your continued use of the Web Site will indicate your agreement to any such change.
We reserve the right to add to, remove, change or terminate access to any of the content or functions of the Web Site without giving specific notice to you. If you do not agree to the Terms of Use, you may not use this Web Site. Access to this Web Site is restricted to those persons who have a valid Login Name and Password and who have accepted these Terms of Use. Access or attempted access by unauthorized individuals may be subject to prosecution. Any use of the Web Site is at the sole risk of the user. When used in these Terms of Use, “HMNJ” shall include any affiliates, directors, officers, and employees.
COPYRIGHT
Any authorized person may view the information (and incidentally create a temporary electronic copy of the information) available from this Web Site for informational purposes only. No part of the information at this Web Site can be otherwise redistributed, copied, or reproduced in any form without the prior written consent of HMNJ.
If you post photographs, videos, or other media (“Content”) upon the Web Site, you authorize users to create the aforesaid temporary electronic copy and grant HMNJ a license for perpetual use of the Content.
DISCLAIMER OF WARRANTIES
This information is provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
HMNJ, MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE MATERIALS. HMNJ, PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE TERMS OF USE, AT THE WEBSITE WITHOUT NOTICE. FURTHER, HMNJ, ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE. HMNJ, SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEBSITE.
REFERENCE TO HMNJ, AND ITS SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL HMNJ, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE INFORMATION AT THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE INFORMATION OR SERVICES PROVIDED AT THIS WEB SITE) ON ANY WEB SITE RELATED TO ANY THIRD PARTY, OR USERS’ INABILITY TO USE THE INFORMATION OR MATERIALS CONTAINED IN THE WEB SITE (OR ANY OTHER WEB SITE). IN NO EVENT SHALL HMNJ’S LIABILITY TO USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY USERS TO HMNJ, FOR ACCESSING THE WEBSITE. THE USER SHOULD CONSULT HIS OR HER OWN LEGAL ADVISORS REGARDING THE APPLICABILITY OF STATE STATUTES REGARDING LIMITATIONS ON LIABILITY.
DESCRIPTIONS OF, OR REFERENCES TO, PRODUCTS, SERVICES, OR PUBLICATIONS WITHIN THE HMNJ WEBSITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. HMNJ, MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. HMNJ SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the disclaimer of warranties or the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.
INDEMNIFICATION BY USER
USER AGREES TO INDEMNIFY, DEFEND AND HOLD HMNJ, HARMLESS FROM ANY LIABILITY, LOSS, CLAIM, AND EXPENSE, INCLUDING ATTORNEY’S FEES RELATED TO A USER’S VIOLATION OF THESE TERMS AND CONDITIONS OR THE USE OF THE SERVICES, INCLUDING TECHNICAL SUPPORT, AND INFORMATION PROVIDED AT THIS WEB SITE.
VIRUSES
All responsibility or liability for any damages caused by viruses contained within the electronic files or at this Web Site is disclaimed.
LINKS TO OTHER WEBSITES
This Web Site may contain links to other Web Sites not owned or managed by HMNJ, or its affiliates. HMNJ, is not responsible for the content, accuracy, or opinions expressed in such Web Sites, and such Web Sites are not investigated, monitored, or checked for accuracy or completeness by HMNJ Inclusion of any such linked Web Site does not imply approval or endorsement of the linked Web Site by HMNJ.
SUBMISSION OF INFORMATION
All information transmitted or otherwise submitted to HMNJ, via this Web Site shall be deemed to be the property of HMNJ, and HMNJ, shall be free to use such information for any lawful purpose. HMNJ, shall not have any obligation to keep such information confidential except as otherwise specifically agreed in writing by HMNJ, or as required by law. Users should note that electronic transmissions to and from this Web Site are not confidential and may be read or intercepted by others.
LEGAL RELATIONSHIP OF EAL AND ITS USERS
You understand that HMNJ is a third-party intermediary that arranges for the leasing of cars and that HMNJ may not be the actual leasing agent on any given transaction. In cases where your leasing agent differs from HMNJ, HMNJ is not liable for any acts or omissions of your actual leasing agent. You agree not to circumvent HMNJ in entering into leasing arrangements with our leasing agents directly.
GOVERNING LAW
These Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of New Jersey without regard to conflict of law principles, and users agree that all legal proceedings related to the matters herein shall be adjudicated solely in the courts of Morris County, New Jersey, United States of America. Users consent to extra-territorial service of process and submit to the jurisdiction of said courts.
NO UNSOLICITED IDEAS, CODE, OR CONTENT
NEITHER HMNJ NOR ANY OF ITS EMPLOYEES ACCEPT OR CONSIDER UNSOLICITED IDEAS, SUGGESTIONS, OR CODE, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN HMNJ’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS, SUGGESTIONS, OR CODE SUBMITTED TO HMNJ. THEREFORE, DO NOT SEND YOUR UNSOLICITED IDEAS, SUGGESTIONS, OR CODE TO HMNJ OR ANYONE AT HMNJ. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND HMNJ MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. FURTHER, TO THE EXTENT THAT ANY SUBMISSIONS MAY BE PROPRIETARY, YOU HEREBY GRANT HMNJ AN UNLIMITED LICENSE TO USE, INTEGRATE, MODIFY, DISPLAY, AND/OR DISTRIBUTE SUCH SUBMISSIONS.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Pursuant to the Digital Millenium Copyright Act, if you believe that the HMNJ’s Services or website, include material that constitutes an infringement of your copyrighted work, you can notify us by providing the following:
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- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work;
- A description of the allegedly infringed copyrighted work;
- Identification of the allegedly infringing material and where on HMNJ’s website or Services, the allegedly infringing material is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the infringing material on HMNJ’s Services or website, is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the information you are providing in this notification is accurate, and under penalty of perjury, and that you are authorized to act on behalf of the copyright owner.
The above information should be sent by email to: george@hollywoodmotorsnj.com
PRIVACY
HMNJ may disclose information collected from users to trusted affiliates, independent contractors, and business partners who will use the information for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from users to investors and potential partners. Finally, we may transfer information collected from users in connection with a sale of HMNJ’s business.
HMNJ may disclose any and all information collected from users, including personally identifiable information, to various leasing agents and companies in connection with the operation of this website, certain financing inquiries, certain data storage services, and other services provided. HMNJ shall use, distribute, and store the information in accordance with the privacy policy.
HMNJ also reserves the right to disclose the information if: (1) the disclosure is necessary or useful to our provision of services; (2) we believe in good faith the disclosure is required by law (such as a search warrant, subpoena or court order); (3) we believe in good faith the disclosure is necessary to protect our rights, interests, or property; or (4) we are acting in good faith to protect an individual’s personal safety.
MISCELLANEOUS
To the extent any portion of these Terms of Use is unenforceable, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect.
Any waiver of any provisions contained in these Terms of Use by HMNJ, shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any waiver of these Terms of Use must be in writing and signed by our authorized representative. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE “I ACCEPT” BUTTON, DO NOT CONDUCT OR ATTEMPT TO CONDUCT TRANSACTIONS USING HMNJ’S SERVICES, AND DO NOT CONTINUE TO DOWNLOAD, INSTALL, OR OTHERWISE USE HMNJ WEBSITE OR SERVICES, OR ANY ANCILLARY SERVICES OR WEBSITES.