Terms of Use

TERMS OF USE FOR WEBSITE

AGREEMENT BETWEEN USER AND MIKE CARLSON MOTOR COMPANY (“MCMC”)

This MCMC Web Site is comprised of various Web pages operated by MCMC.

It is offered to you (“user” or “you”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MCMCAuto.com TX Web Site constitutes your agreement to all such terms, conditions, and notices. You should print and keep a copy of these Terms.

MODIFICATION OF THESE TERMS OF USE

MCMC reserves the right to change the terms, conditions, and notices under which the Web Site is offered.

LINKS TO THIRD PARTY SITES

The Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of MCMC and MCMC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MCMC is not responsible for web casting or any other form of transmission received from any Linked Site. MCMC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MCMC of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Web Site, you warrant to MCMC that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MCMC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MCMC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MCMC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

MCMC DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE WITHOUT ERROR, OR THAT IT WILL BE AVAILABLE AT ALL TIMES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MCMC AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THEWEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MCMC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

TERMINATION/ACCESS RESTRICTION

MCMC reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice.

CONSENT TO COMMUNICATE

You agree that MCMC and any of its affiliates, agents or service providers may call you, leave you a voice prerecorded, or artificial voice message, or send you an e-mail, or other electronic message for any purpose related to your use of this Web Site, your inquiry into inventory or financial services or products offered, any Account you may establish with MCMC, or for surveys or research or for any other informational purpose related to an Account with MCMC (each a “Communication”). You agree that MCMC and any of its affiliates, agents or service providers may call you at any telephone number you may provide to MCMC or associated with your Account(s), including cellular telephone numbers, and may send an e-mail to any email address used to access this Web Site or associated with your Account(s), including any phone numbers, e-mail addresses or any other contact information provided by you regarding your use of the Web Site. You also agree that MCMC and any of its affiliates, agents or service providers may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system. MCMC will not charge you for a Communication, but your service provider may. In addition, you understand and agree that MCMC and any of its affiliates, agents or service providers may always communicate with you in any manner permissible by law that does not require your prior consent

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Tarrant County, Texas in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MCMC as a result of this agreement or use of the Web Site. MCMC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of its right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by Web Site with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MCMC with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MCMC with respect to the Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.