Applicability of Agreement
This Agreement is intended to apply to you JMFE, and the website www.jmfamily.com.
Your Right to Access and Use jmfamily.com
The right to access and use jmfamily.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use jmfamily.com for lawful purposes and pursuant to the terms and conditions of this Agreement.
By accessing and using jmfamily.com (other than to read this Agreement), you agree to comply with all of the terms and conditions of this Agreement, including any changes or revisions to this Agreement, which JMFE, in its sole discretion, may make in the future.
Any action by you that, as determined by JMFE, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying jmfamily.com, such as impairing the operation of the site or distorting the material displayed, shall not be permitted, and may result in your loss of the right to access and use jmfamily.com.
Intellectual Property Rights
Images and/or videos of vehicles, people or places displayed on jmfamily.com are either the property of, or used with permission by, JMFE. The use of these images and/or videos by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on jmfamily.com. Any unauthorized use of the images and/or videos may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on jmfamily.com, including, without limitation, the names "JM Family Enterprises, Inc.," "JM&A Group," "JM Lexus," "JM Service Center", "Southeast Toyota Distributors, LLC," "Southeast Toyota Finance," "World Omni Financial Corp." and their respective logos are registered and unregistered Trademarks of JMFE or its rightful owners. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on jmfamily.com without the written permission of JMFE or such third party owners of the Trademarks. Any use of third party Trademarks on jmfamily.com is done either by permission of the Trademarks’ owners, or as part of a "News" story or feature and subject to the Fair Use provisions of international, Federal, and State intellectual property laws. No special association or relationship is intended by such use, and its use should not be construed as granting JMFE any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on jmfamily.com, or any other content on jmfamily.com, except as provided in this Agreement, is strictly prohibited. You are also advised JMFE will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The data and content contained on or downloaded from jmfamily.com (collectively, the "Content") are copyrighted by JMFE, which also own a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content.
Without the prior written consent of JMFE, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy and (ii) one print copy, for your personal, non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of Content.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use other than personal, non-commercial use of the Content is permitted without the express prior written permission of JMFE or its licensors.
You agree that printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights in the Content.
You shall be solely responsible for any damage resulting from your infringement of JMFE intellectual property, or any other harm incurred by JMFE as a direct or indirect result of your copying, distributing, redistributing, transmitting, publication or use for purposes other than personal, non-commercial use of the Trademarks or the Content that is contrary to the terms and conditions of this Agreement.
No Representations or Warranties Regarding Content
THE CONTENT IS BEING PROVIDED TO YOU ON AN "AS-IS" BASIS. JMFE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR A PARTICULAR PURPOSE OF THE CONTENT.
JMFE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM JMFAMILY.COM IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON JMFAMILY.COM.
Links to Third Party Sites
Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use jmfamily.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of jmfamily.com.
Termination of this Agreement
You may terminate or opt out of this Agreement at any time by contacting JM Family Enterprises, Inc. at firstname.lastname@example.org. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use jmfamily.com.
JMFE may terminate this Agreement at any time, without prior notice, for any reason, or for no reason, which JMFE shall have no obligation to disclose to you.
Limitations on JMFE’s Liability
JMFE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A RESULT OF:
(i) YOUR ACCESS AND USE OF JMFAMILY.COM;
(ii) YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL, NON-COMMERCIAL USE;
(iii) YOUR DOWNLOADING OF ANY CONTENT AS MAY BE PERMITTED BY JMFE BY JMFE'S PRIOR WRITTEN PERMISSION REGARDING THE SAME; OR
(iv) YOUR RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED OR ADVERTISED ON JMFAMILY.COM.
To the extent that a state does not permit the exclusion or limitation of liability set forth herein, JMFE’s liability is limited to the maximum extent permitted by law in such state.
You shall defend, indemnify and hold harmless JMFE and each of its respective officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; and (ii) any access or use of jmfamily.com.
Third Party Rights
This Agreement is for the benefit of JMFE, its subsidiaries, affiliates, and third party licensors, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on its behalf.
JMFE reserves the right to amend this Agreement at any time. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon its inclusion in, or deletion from, this Agreement and the posting of the same in this Agreement on jmfamily.com.
To the fullest extent permitted under applicable law, your continued access and use of jmfamily.com following the posting of any such changes shall automatically be deemed your acceptance of the same. Therefore, you are encouraged to revisit this Agreement from time to time in order to review any changes that have been made.
You acknowledge that JMFE may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, JMFE shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the setting of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
This Agreement is to be governed and construed in accordance with the internal laws of the State of Florida, without regard to principles of conflicts of laws.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
JMFE’s failure to exercise or enforce any right or provision of these terms in this Agreement shall not be construed as a waiver or relinquishment, to any extent, of the right to assert or rely upon any such terms, provisions or options on any future occasion.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by JMFE from time to time, shall survive your acceptance of this Agreement.
These terms constitute the entire, complete and exclusive Agreement between JMFE and you regarding jmfamily.com and supersedes all prior agreements and understandings with respect to the subject matter of these terms.
Update March 13, 2013