This website and the services provided thereunder are controlled by iofferdealer and are provided to you subject to the following Terms and Conditions. The same Terms and Conditions apply to anyone's use of our website and services. Please review these Terms and Conditions carefully as your use of the iofferdealer web site and our services is your acknowledgment that you have read, understand and agree to be bound by these Terms and Conditions. If you do not agree with any of the Terms and Conditions, you do not have permission to access the web site or use the services. We reserve the right, at our sole discretion, to modify this agreement at any time by posting a modified version of this agreement to the web site. Your continued use of the site following posting of the modified changes will be deemed acceptance of those changes. You agree that the posting of the updated, modified Terms and Conditions constitutes reasonable notice of the changes, whether you click on the Terms and Conditions link or not. For this reasons, please review the Terms and Conditions prior to each time you use our website. At all times, you are bound by the then-current version or these Terms and Conditions and all applicable laws. These Terms and Conditions were last updated on February 17, 2017.
Please also review the iofferdealer Privacy Policy, which is available on this web site and is incorporated by reference into these Terms and Conditions. By using our web site and services, you are expressly agreeing to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy. When you submit your personal information, you represent to us that it is true and complete. Among other things, accurate information helps us to provide better services to you.
You are authorized by iofferdealer to use our website solely for your personal, non-commercial and lawful use, provided that you are at least 18 years of age. The information and materials displayed on this website may not otherwise be copied, displayed, transmitted, distributed, downloaded, licensed, sublicensed, modified, published, posted, reproduced, used, sold, leased, rented, loaned, transmitted, transferred, assigned, distributed, used to create a derivative work, used for commercial or public purposes, reverse engineered, disassembled, decompiled, or made the subject of an attempt to derive the source code or method of operation of our web site or services, without iofferdealer’s prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited
All information provided on this website is for informational purposes only. Information displayed through the site related to any virtual automobile you may configure, such as dealer cost, factory invoice, market average, MSRP, inventory, or otherwise, either reflects or is based on available data relevant to your virtual automobile and does not reflect a dealer's price for an actual automobile consistent with your preferences. Any information regarding the cost of an automobile that you may receive from a selling dealer or manufacturer is provided directly to you by the selling dealer or manufacturer, and is not provided by iofferdealer. Neither the accuracy of information provided on this website, nor the availability, quality, or safety of automobiles, is guaranteed or controlled by iofferdealer, and iofferdealer assumes no responsibility for the foregoing. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding automobile availability, condition, pricing, or related matters are not the responsibility of iofferdealer and should be directed to the selling dealer or manufacturer. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease of an automobile or of other products or services. We do, however, invite you to tell us about any material on our website that you believe to be inaccurate, by e-mailing us at info@iofferdealer.com.
You also acknowledge and agree that participating sellers, dealers or manufacturers may not have in inventory the automobile that exactly matches any virtual automobile you may configure on the website. The dealer will confirm automobile availability from its actual inventory. Each dealer sets and controls its’ own pricing. Any negotiation for the purchase or lease price takes place directly between you and the dealer or manufacturer. iofferdealer plays no role in any such negotiation.
iofferdealer is solely a research and communications platform. iofferdealer is not an automobile seller, dealer, broker or agent for automobile sellers or dealers, nor a provider of, or broker or agent for, other automotive-related products or services offered by third parties. iofferdealer receives a fee from the participating sellers in connection with the services it provides to the sellers.
iofferdealer reserves the right, in our sole discretion, to deny use of, or access to, our website and services to you and/or anyone for any or no reason and without prior notice. iofferdealer also reserves the right at any time to modify or discontinue, temporarily or permanently, our website and services (or any part thereof) with or without notice. You agree that iofferdealer shall not be liable to you or to any third party for any modification, suspension or discontinuance of our website and services (or any part thereof). Upon termination of this agreement, all rights and licenses granted to you in this agreement will immediately cease to exist.
You represent, warrant and covenant that: (1) you have the legal right and authority to enter into this agreement, and, if you are accepting this agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this agreement; (2) you have the legal right and authority to perform your obligations under this agreement and to grant the rights described in this agreement and in any applicable additional agreement you enter into in connection with our web site and any of our services; (3) all information that you provide to us in connection with this agreement and your access to our web site and use of the services is correct and current.
Our web site may contain links to third party web sites that are offered as a convenience. Those third party web sites are not under our control and we are not responsible for any content on any linked web site. Our inclusion of third party links does not imply that we endorse or accept any responsibility for the content on those web sites. If you access a third party web site from our web site, then you do so with the understanding that the risk is yours.
iofferdealer owns the rights, title and interest in and to our web site and services, including all intellectual property rights associated with our site and services from any source whatsoever, including but not limited to copyright, trademark, statutory and/or common law. No right or license is granted to you herein to use our intellectual property. All automobile make and model names are trademarks of their respective manufacturers.
You will indemnify, defend, and hold iofferdealer and its respective members, agents, employees, officers, directors and affiliates, harmless from any and all claims, whether actual or alleged, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any of those indemnified parties arising from: (a) your accessing our web site or use of our services including any materials disseminated or transmitted by you and/or your affiliates; (b) your breach of any term of this agreement; or (c) your negligence or intentional misconduct hereunder. You are solely responsible for defending any claim against an iofferdealer indemnified part, subject to such iofferdealer indemnified party’s right to participate with counsel of its own choosing, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all claims against an iofferdealer indemnified party, provided that you will not agree to any settlement that imposes any obligation or liability on an iofferdealer indemnified party without its prior express written consent. We will provide you with notice of any such claim or allegation that we receive, and we will have the right to participate in the defense of any such claim at our expense.
IN NO EVENT WILL IOFFERDEALER BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE WEB SITE, THE INFORMATION THEREON, OR THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE WEB SITE, EVEN IF IOFFERDEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST IOFFERDEALER AND ITS AGENTS ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE WEB SITE AND USE OF THE SERVICES AND INTERRUPTIONS, CRASHES AND DOWNTIME THAT MAY OCCUR FROM TIME TO TIME. IOFFERDEALER DOES NOT REPRESENT OR WARRANT THAT: THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR ANY RESULTS GENERATED BY USING THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE. IOFFERDEALER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY IOFFERDEALER WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE WEB SITE AND THE INFORMATION THEREON IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE WEB SITE OR USE OF THE SERVICES.
IN ADDITION, IOFFERDEALER DOES NOT WARRANT AGAINST DEFECTS IN ANY AUTOMOBILE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY AUTOMOBILE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IOFFERDEALER OR THROUGH OR LINKED FROM THE WEBSITE SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. IOFFERDEALER IS NOT RESPONSIBLE FOR MAKING REPAIRS TO ANY AUTOMOBILE. IF YOU HAVE COMPLAINTS OR CONCERNS ABOUT DEFECTS OR REPAIRS, PLEASE CONTACT THE DEALER, SELLER, OR MANUFACTURER DIRECTLY.
These Terms and Conditions are the complete and exclusive statement of the agreement between iofferdealer and you regarding our web site and services, and supersede any other agreement or proposal, oral or written (including information on our web site), and any other communications between iofferdealer and you. There are no third party beneficiaries under this agreement. The waiver of a breach of any provision of this agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign, delegate or otherwise transfer this agreement or any of your rights or obligations under this agreement without iofferdealer’s prior written consent. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.
Our website (excluding links to third-party sites) is owned and operated by iofferdealer from its offices in New York. While iofferdealer has made no effort to publish our website elsewhere, because our website is published on the World Wide Web it is accessible outside of New York. Each location outside of New York has laws that may differ from those of New York and from each other. You and iofferdealer both benefit from establishing a predictable legal environment in which to publish, access and use our website. Therefore, by publishing, accessing, and/or using our website, you and iofferdealer explicitly agree that all disputes, claims, or other matters arising from or relating to your use of our website shall be governed by the laws of the State of New York, without regard to conflicts of law principles, and any dispute arising hereunder shall be resolved exclusively before a single arbitrator located in New York and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. If you chose to access our website from locations other than New York, you will be responsible for compliance with all local laws of such other jurisdiction.
Except as specifically stated herein, any dispute or claim between you and iofferdealer arising out of, or relating in any way to, the Terms and Conditions, our website, content, shall be resolved exclusively by final, binding arbitration. By virtue of this Arbitration Agreement (defined below), you and iofferdealer is each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section). The provisions of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall constitute your and iofferdealer’s written agreement to arbitrate disputes under the Federal Arbitration Act (“Arbitration Agreement”). Any modification to this Arbitration Agreement, to be effective, must be in writing and signed by you and iofferdealer. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned decision or award.
To begin an arbitration proceeding, you must comply with the limitations provision set forth in subsection 5 below of this DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: Attn: iofferdealer, P.O. Box 1097 Setauket, New York 11733. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Suffolk County, New York or, if no location in Suffolk County, New York is available, then the nearest AAA office to Suffolk County, New York.
We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, consolidated or representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator shall not have the power to vary these provisions.
If for any reason a dispute proceeds in court: (a) you agree that any such dispute may only be instituted in a court of competent subject matter jurisdiction located in Suffolk County, New York; (b) you and iofferdealer irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such disputes, stipulate to the fairness and convenience of such courts and covenant not to assert any objection to proceeding in such courts; (c) you and iofferdealer agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of New York, without regard to principles of conflicts of law, will govern this Agreement and any disputes; and (d) you and iofferdealer agree to waive any right to a trial by jury.
Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property.
If either of us wants to assert a dispute against the other, the party with a dispute must institute arbitration within one (1) year from the date the dispute arose. Absent commencing the arbitration within one (1) year from the date the dispute arose, the dispute will be forever barred.
If any part of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section is ruled to be unenforceable, then the balance of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although iofferdealer has endeavored to create a secure and reliable website, the confidentiality of any communication or material transmitted to/from this website over the Internet cannot be guaranteed. Accordingly, iofferdealer is not responsible for the security of any information transmitted via the internet, the accuracy of the information contained on the website, or for the consequences of any reliance on such information. iofferdealer shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
Any notice by you under these Terms and Conditions must be delivered in writing by certified mail, return receipt requested to P.O. Box 1097, Setauket, New York 11733 and by e-mail to info@iofferdealer.com. Notice is deemed effective forty eight (48) hours after the date of iofferdealer’s receipt of the notice as stated in the U.S. Postal Service’s receipt. We may deliver a notice to you by posting a general notice on the web site, which will be effective forty eight (48) hours after posting.
If you have questions or comments regarding our website, please e-mail us at info@iofferdealer.com.