Terms and Conditions
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 prior written consent of Xclusive Auto NY.
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 Xclusive Auto NY 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.
REFERENCE TO Xclusive Auto NY, AND ITS SERVICES AND PRODUCTS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL Xclusive Auto NY, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE INFORMATION AT THIS WEB SITE 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 Xclusive Auto NY 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 Xclusive Auto NY, FOR ACCESSING THE WEB SITE. THE USER SHOULD CONSULT HIS OR HER OWN LEGAL ADVISORS REGARDING THE APPLICABILITY OF STATE STATUTES REGARDING LIMITATIONS ON LIABILITY.
main_content_sectionS OF, OR REFERENCES TO, PRODUCTS, SERVICES OR PUBLICATIONS WITHIN THE Xclusive Auto NY, WEB SITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. Xclusive Auto NY, MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. Xclusive Auto NY, 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 Xclusive Auto NY, HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEYS FEES RELATED TO A USERS VIOLATION OF THESE TERMS AND CONDITIONS OR THE USE OF THE SERVICES, INCLUDING TECHNICAL SUPPORT, AND INFORMATION PROVIDED AT THIS WEB SITE.
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 WEB SITES
This Web Site may contain links to other Web Sites not owned or managed by Xclusive Auto NY, or its affiliates. Xclusive Auto NY, 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 Xclusive Auto NY Inclusion of any such linked Web Site does not imply approval or endorsement of the linked Web Site by Xclusive Auto NY.
SUBMISSION OF INFORMATION
All information transmitted or otherwise submitted to Xclusive Auto NY, via this Web Site shall be deemed to be the property of Xclusive Auto NY, and Xclusive Auto NY, shall be free to use such information for any lawful purpose. Xclusive Auto NY, shall not have any obligation to keep such information confidential except as otherwise specifically agreed in writing by Xclusive Auto NY, 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 Xclusive Auto NY AND ITS USERS
You understand that Xclusive Auto NY is a third party intermediary that arranges for the leasing of cars, and that Xclusive Auto NY may not be the actual leasing agent on any given transaction. In cases where your leasing agent differs from Xclusive Auto NY, Xclusive Auto NY is not liable for any acts or omissions of your actual leasing agent. You agree not to circumvent Xclusive Auto NY in entering into leasing arrangements with our leasing agents directly.
NO UNSOLICITED IDEAS, CODE OR CONTENT
NEITHER Xclusive Auto NY 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 Xclusive Auto NY PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS, SUGGESTIONS OR CODE SUBMITTED TO Xclusive Auto NY. THEREFORE, DO NOT SEND YOUR UNSOLICITED IDEAS, SUGGESTIONS OR CODE TO Xclusive Auto NY OR ANYONE AT Xclusive Auto NY. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND Xclusive Auto NY 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 Xclusive Auto NY 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 Xclusive Auto NY Services or website, include material that constitutes an infringement of your copyrighted work, you can notify us by providing the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work;
- A main_content_section of the allegedly infringed copyrighted work;
- Identification of the allegedly infringing material and where on Xclusive Auto NY 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 Xclusive Auto NY 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.
Xclusive Auto NY 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 Xclusive Auto NY business.
Xclusive Auto NY also reserves the right to disclose 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.
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 Xclusive Auto NY SERVICES, AND DO NOT CONTINUE TO DOWNLOAD, INSTALL, OR OTHERWISE USE Xclusive Auto NY WEBSITE OR SERVICES, OR ANY ANCILLARY SERVICES OR WEBSITES.