TERMS OF USE.

Terms of Use Last Revised:  August 30, 2021


1.  SCOPE OF THIS AGREEMENT


THIS WEBSITE (www.americancarcenter.com) (THE “SITE”) IS MADE AVAILABLE BY RAC DEALERSHIP, LLC dba AMERICAN CAR CENTER AND ITS AFFILIATED ENTITIES (“AMERICAN CAR CENTER,” “WE,” “US” OR “OUR”). WHEN WE USE THE TERM “YOU” OR “YOUR” IN THESE TERMS OF USE, IT REFERS TO ANY PERSON OR ENTITY (OR ANY AUTOMATED SERVICE OR PROGRAM ACTING BY OR ON BEHALF OF A PERSON OR ENTITY) THAT ACCESSES, VIEWS, OR COLLECTS INFORMATION FROM THE SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOUND IN THIS TERMS OF USE DOCUMENT (THE “TERMS OF USE”). THESE TERMS OF USE GOVERN YOUR USE OF THE SITE, SO YOU SHOULD READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU SHOULD DISCONTINUE YOUR USE AND/OR ACCESS OF THIS SITE.

You may use the Site to learn about American Car Center, shop for a vehicle, provide us your contact information, pre-qualify for lease or other credit, and/or apply for lease or other credit, see information about American Car Center employment opportunities, otherwise learn of information we provide on the Site about American Car Center, and to do other things we make available to you on the Site from time to time.


If you provide us certain contact information, including but not limited to a telephone number(s) (landline and/or mobile) and email address(es), you agree that we may contact you about your submission or to provide you updated marketing material about American Car Center, and you agree to receive email and (if you have provided communications consents) text messages in connection with your submission.


You understand that you are responsible for payment of any message rates and data charges associated with any messages you receive from us or send to us.

You can withdraw your consent to receive certain messages from us by replying “STOP” to any text message received from us or by emailing your opt-out request to any email you receive from us.


2.  AMENDMENTS TO THE TERMS OF USE


American Car Center reserves the right to amend these Terms of Use at any time and without notice to you.  The most recent date on which the Terms of Use were revised appears above.  If you access and/or use the Site following a revision of the Terms of Use, your access and/or use of the Site constitutes your acceptance to the Terms of Use as revised.


3.  SITE CONTENT


These Terms of Use govern the products, services, information, materials, graphics, arrangement, coding, design, text, sound and other items contained on the Site (collectively, the “Content”).  Site Content may be provided by American Car Center or its licensors, or by you if you upload User Content as defined elsewhere in these Terms of Use.  The Content may be changed by American Car Center at any time, and without notice to you.  Any Content that appears on the Site with an “as of” date is considered to be published on the Site as of that date.  American Car Center reserves the right to terminate any Content or the Site in its entirety at any time, without prior notice.

The contents of this Site may contain typographical errors or other errors or inaccuracies and may not be complete or current.  American Car Center therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice.  American Car Center does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

You agree that you may not modify, translate, or create derivate works, adaptations, or compilations of, or based on the Content or any part thereof, or use, copy, or reproduce any of the Content except as may be expressly permitted by these Terms of Use.  You may not assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the Content.


4.  YOUR USE OF THE SITE


The Site, and the products and services described on the Site, are intended for use by individuals who are at least 18 years old.  If you are under the age of 18, you should not be visiting the Site.  American Car Center does not knowingly collect any information from individuals who are under the age of 13.  We advise all visitors to the Site under the age of 13 not to disclose or provide any personally identifiable information.  To learn more about the Children’s Online Privacy Protection Act (“COPPA”) please visit the Federal Trade Commission (“FTC”) site at www.ftc.gov.


You may view and use the Content contained on the Site only for informational, non-commercial purposes.  Any use of the Site or the Content in the furtherance of any commercial venture or enterprise by you is strictly prohibited.  You may not use the Site, any American Car Center products or services or your Account for any illegal purpose or in violation of any local, state, national, or international law.


Any attempt to reverse engineer, duplicate, spoof, disrupt, damage, corrupt, or destroy the Site or the Content is expressly prohibited.  You agree that any use of scrapers, robots, or other data-gathering devices not provided by American Car Center through the Site is expressly prohibited.  You agree not to interfere with the operation of the Site or any other party’s use or enjoyment of the Site by (among other things) uploading or disseminating any virus, adware, spyware, worm, or other malicious code, making any unsolicited offers or advertisements to another user of the Site, attempting to collect any data from a third party or another user of the Site without their consent, or otherwise interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or the products and services available through the Site.  To the extent that any such attempts constitute a violation of criminal or civil law, American Car Center reserves the right to seek appropriate redress to the fullest extent available under applicable law. 


You may not imply or otherwise represent that you are in any way affiliated with or endorsed by American Car Center without our express written permission.

In addition to other monitoring of the Site that is discussed in our Website Privacy Policy, your use of the Site may be monitored, tracked, and recorded for the purpose of ensuring your compliance with the requirements and limitations of this Section 4.  By using the Site, you expressly consent to such monitoring, tracking, and recording.


Any unauthorized use of the Site or the Content is strictly prohibited.  If American Car Center reasonably believes that you are using the Site or the Content for any unauthorized purpose, American Car Center may immediately restrict or terminate your ability to access and/or use the Site and the Content.


5.  AMERICAN CAR CENTER PRODUCTS AND SERVICES


The products and services described on or made available thought the Site, including their terms, conditions, availability, or pricing, are subject to change.  We will provide you with notice of such changes only if required under the Agreements or applicable law.  The availability of the products and services described on or made available through the Site may differ depending on geographic locations.  By offering information about the products and services on the Site no solicitation is made by American Car Center to any person whose use of such information or services in geographic locations where such information or services is prohibited by law or is otherwise unavailable.


6.  COPYRIGHT AND TRADEMARK NOTICES


(A)  GENERALLY

The works of authorship contained on the Site, including but not limited to all Content, are owned (except as otherwise expressly stated) by American Car Center.  Except as may be expressly stated on the Site they may not be copied, transmitted, displayed, performed, distributed (whether for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used – in whole or in part – except to the extent as expressly permitted by applicable law and then only with clear and conspicuous notice of American Car Center’s proprietary rights.  However, you may download Content from the Site for your personal use, so long as you do not remove or alter any copyright or other notice as may be contained in the Content when downloaded or printed.

American Car Center claims certain registered (where so indicated) and unregistered trademarks and services marks in the Content and trade dress of this Site.  Unauthorized use or reproduction of any such trademarks and service marks is prohibited.  


(B)  NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS

American Car Center respects the intellectual property of other parties.  We respond to notices of alleged copyright infringement when we receive notice of such infringement, as outlined below.  If you believe that the Content of this Site is used or presented in a manner that constitutes copyright infringement, you may send us a notice of such alleged infringement by United States mail or electronic mail to:

American Car Center - Legal Department
Email: Legal@americancarcenter.com
Telephone Number: (901) 322-9060
Mailing Address: 6775 Lenox Center Court, Ste. 100, Memphis, TN 38119

Under applicable law your notice of an alleged copyright infringement must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged infringed;
  2. Identification of the copyright work claimed to have been infringed (if multiple copyrighted works at a single online site are American Car Center by a single notification, a representative list of such works at that site);
  3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit American Car Center to locate the material;
  4. Information that is reasonably sufficient to permit American Car Center to contact the complaining party, such as an address, telephone number, and (if available) an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and (under the penalty of perjury) that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


7.  LINKS TO OTHER SITES

American Car Center may establish on this Site links and pointers to websites that are operated and maintained by third parties (each, a “Third Party Site”).  These links are provided solely as pointers to information on topics that may be useful to you.  However, the establishment of any link to a Third Party Site is not a recommendation or endorsement by American Car Center of any products, services, information, goods, ideas, or opinions that may be found on any Third Party Site.  American Car Center makes no warranties, either express or implied, concerning the content of any Third Party Site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose.  American Car Center does not warrant that any Third Party Site is free from any claims of copyright, trademark, or other infringement.  American Car Center does not warrant that any Third Party Site is free from any viruses or other contamination.  You understand that Third Party Sites may have a privacy policy that is different from that of American Car Center and that Third Party Sites may provide less security than this Site.  The choice to access a Third Party Site, or to purchase or otherwise use any of the products or services advertised or provided on a Third Party Site is yours, in your sole discretion.


8.  POTENTIAL FOR SITE DISRUPTION

Your access to the Site may, from time to time, be unavailable, delayed, limited, or slowed due to, among other things:

  • Hardware failures, including (among other things), failures of computers (including your own), servers, networks, telecommunication lines and connections and other electronic and mechanical equipment.
  • Software failures, including (among other things) bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls of screening programs, unreadable codes, or irregularities within Content;
  • Overload of system capacity.
  • The occurrence of one or more “force majeure” events, such as severe weather, earthquakes, wars, insurrection, riots, civil disobedience, strikes and/or work stoppages, accident, fire, water damage, explosions, mechanical breakdowns, natural disaster, or other acts of God.
  • Power supply interruption or utility service interruption.
  • Legal or governmental restrictions including (but not limited to) court rulings or orders, restrictions imposed by regulatory bodies, or other forms of human intervention.
  • Any other cause that is beyond the control of American Car Center.

9.  DISCLAIMER OF WARRANTIES

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR, AS WELL AS OTHER FACTORS, AMERICAN CAR CENTER AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS FROM THE CONTENT MADE AVAILABLE ON THE SITE.  YOU ACKNOWLEDGE THAT NEITHER AMERICAN CAR CENTER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE PRODUCTS, SERVICES, OR CONTENT ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.  EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, ALL CONTENT IS PROVIDED “AS IS” TO THE USER OF THE SITE, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUS IS GIVEN IN CONJUNCTION WITH THE CONTENT.  IN NO EVENT WILL AMERICAN CAR CENTER BE LIABLE TO YOU FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THE SITE, ANY INCOMPATIBILITY BETWEEN THE SITE AND YOUR FILES AND BROWSER, OR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND THE CONTROL OF AMERICAN CAR CENTER.

 

10.  LIMITATION OF LIABILITY

IN NO EVENT SHALL AMERICAN CAR CENTER, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABLITIES INCLUDING (WITHOUT LIMITATION) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, YOUR RELIANCE ON THE CONTENT, OR IN CONNECTION WITH ANY FAILURE OF AVAILABILITY, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OF SYSTEM FAILURE, EVEN IF AMERICAN CAR CENTER, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.

 

11.  YOUR PRIVACY WHEN VISITING THE SITE

Please review our Website Privacy Policy, which also governs your visit to this Site and is incorporated into these Terms and Conditions by reference, as if fully set forth herein.  If you are a lease or credit customer of American Car Center and American Financial, or you apply for lease financing or other financing through this Site, the privacy and security of your personal information relating to your application and account are governed by our GLBA Privacy Notice.


12.  INDEMNIFICATION

You agree to defend, indemnify, and hold American Car Center, its affiliates and their shareholders, directors, officers, employees, agents, and independent contractors harmless from and against all claims and expenses, including attorney’s fees, arising out of your violation of these Terms of Use or your misuse of this Site, the Content, your use of the American Car Center services or your use of any Account.


13.  SEVERABILITY AND MODIFICATION

In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.

We reserve the right to change the Terms of Use at any time, without notice, and in our sole discretion.  Please check these Terms of Use periodically for changes.  The most recent revision date of these Terms of Use is found above.


14.  GOVERNING LAW AND JURISDICTION

You agree that your use of the Site shall be governed by all applicable federal laws and the laws of the State of Tennessee, without giving effect to any principles of conflict of law.  To the extent permitted by applicable law, you agree to submit to the sole and exclusive jurisdiction of the state and federal courts sitting in the City of Memphis in the State of Tennessee.