Terms of Service
TERMS OF SERVICE
Fletcher Jones Automotive Group
Date last updated: October 21, 2025
Thank you for visiting Fletcher Jones Automotive Group (“Dealership,” “we,” “us” or “our”). These Terms of Service (“Terms”) govern your use of the website operated by the Dealership. These Terms represent a binding contract between the Dealership and you. By accessing the Site, you expressly agree to be bound by them. If you do not agree to be bound by the Terms, you may not use the Site.
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST THE DEALERSHIP ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS OR CONSOLIDATED CAPACITY. THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY PORTION OF THESE TERMS), INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MAY NOT USE THE SITE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE AND SERVICES.
1. ACCESSIBILITY
Those with disabilities may access these Terms by clicking on the accessibility symbol or link at the bottom of this screen.
2. ACCOUNT CREATION AND PASSWORDS
To access certain portions of the Site such as to schedule service appointments, you must create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provided any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all Site.
You are responsible for preserving the confidentiality of your account password and agree to notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.
3. INFORMATIONAL PURPOSES ONLY
The content provided through the Site is for general informational purposes only. The Site is not intended to provide tax, legal, accounting, financial, medical, or any other type of professional advice. While the Site may contain perspectives and opinions on matters related to vehicle sales, such content is general in nature and does not necessarily take into account any individual’s specific circumstances. Please seek the advice of professionals, as appropriate, regarding the evaluation of any information, opinion, advice, or other content on the Site.
4. LISTINGS ON THE SITE
The Site make available information and images associated with vehicles and related products and services (such as service plans, protection plans, accessories, and parts) being offered for sale by or through the Dealership (collectively, “Listings”). While we endeavor to display accurate information on the Site we cannot guarantee the accuracy of any Listings, including any features, specifications, and prices. Similarly, while we attempt to display the colors of vehicles and products that appear on the Site as accurately as possible, we cannot guarantee that your device’s display of any of these colors will be accurate. Certain items listed on the Site may have limited quantities and may not always be available. All information provided in connection with any Listings is subject to change at any time.
Listings available on the Site may be subject to additional terms and conditions of purchase that will be presented during the purchase process (“Additional Terms”). It is your responsibility to carefully review any such Additional Terms and to consult any qualified legal or financial professionals as needed.
5. USER CONDUCT
By using the Site, you agree to not use the Site in any manner that:
• Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files, or programs);
• Interferes with or disrupts the Site services connected to the Site or otherwise interferes with operations or services of the Site in any way;
• Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
• Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Causes us to lose (in whole or in part) the services of our Internet service providers or other suppliers;
• Links to materials or other content, directly or indirectly, to which you do not have a right to link; Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by us in our sole discretion;
• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Site or any portion thereof;
• Violates, or encourages anyone to violate these Terms, any ancillary terms and conditions listed on the Site or the Privacy Policy; or
• Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.
We shall have the right, but not the obligation, to monitor, evaluate, and analyze any use of and access to the Site for the purpose or determining or enforcing compliance with these Terms.
Notwithstanding the use restrictions in this section, nothing in these Terms shall prohibit or restrict your ability to (i) make any “statement” protected by Cal. Civ. Code § 1670.8; (ii) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (ii) express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about us, our employees or agents, or our products or services, to the extent that such Reviews are protected under applicable law.
The Site is not intended to be accessed by any person who seeks or intends to access the Site for purposes of being a “tester” plaintiff or claimant, including individual consumers or attorneys (excluding government and law enforcement attorneys or investigators) who access the Site in order to investigate, evaluate, test, and/or assess the Site’s compliance with various state or federal consumer privacy laws (including, for example, to test or examine whether the Site discloses data to third parties without proper disclosure or consent), or for the purpose of creating, establishing, or gathering evidence to support claims against the Dealership under such laws. Even if you are accessing the Site for any other legitimate purpose besides being a “tester” plaintiff, you are NOT authorized or permitted to access the Site if one of the purposes for which you are accessing the Site is to investigate, evaluate, test, and/or assess the Site’s compliance with various state or federal consumer privacy laws or to create, establish, or gather evidence to support claims against the Dealership under such laws. By accessing the Site and accepting these Terms of Use, you agree that you are not accessing the Site for such purposes, and if you do access the Site for such unauthorized purposes anyways despite our clear indication to you of your lack of authorization, you agree and acknowledge that (a) you have no reasonable expectation of privacy in connection with your access to the Site (b) you have consented to our disclosure of any data collection about you or your interaction with the Site to any third parties through cookies, pixels, web beacons, and other technology, and (c) you hereby waive and release the Dealership from any liability for any claims related to invasion of privacy or violation of state or federal wiretapping laws or consumer privacy laws in connection with your access to the Site.
6. LINKING
You are permitted to establish a hyperlink to a homepage of the Site provided that (i) you do so in a manner that is fair, legal, and does not state or imply any sponsorship, endorsement of or affiliation with the originating website, application, or service (the “Originating Site”) by the Dealership absent our express, written consent; (ii) the Originating Site contains no content that you would be prohibited from posting on the Site pursuant to these Terms or any applicable law. You agree to cooperate with us as requested to remove any links that we determine violate these Terms. We reserve the right to withdraw linking permission at any time and without notice.
7. NO FRAMING
Without our prior written permission, you may not frame, or make it appear that a third-party website is presenting or endorsing, any of the content of the Site or incorporate any intellectual property of the Site the Dealership, or any of its licensors into another website or other service.
8. AGE LIMITATION
The Site is not intended for use by persons under the age of 16. If you are under the age of 16, please do not use the Site. Specific age requirements for purchases or payments associated with any Listings may be provided in additional terms and conditions presented in connection with the relevant Listing.
9. COPYRIGHT AND TRADEMARK OWNERSHIP
The Site and their content, features and functionality, including, without limitation, information, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (collectively, the “Dealership’s Content”), are the exclusive property of the Dealership, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent. The vehicle manufacturer marks and designs are registered trademarks of the respective vehicle manufacturers, and may not be used, downloaded, copied or distributed in any way. You may download information from the Site and occasionally print out a hard copy of a single page for your informational, non-commercial use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or the Dealership ‘s Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Dealership or any applicable third-party suppliers. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
10. REQUIRED CALIFORNIA DISCLOSURE: CA SUPPLY CHAIN TRANSPARENCY
The Dealership recognizes the serious nature of the crimes of human trafficking and slavery. We engage with established vendors that comply with safety and human resources laws. We believe that our manufacturer partners are in the best position to audit their respective supply chains to address this important issue. We rely on the efforts of our partners with respect to the supply chain for all vehicles and parts. The Dealership does not independently verify or audit our manufacturer’s supply chain, require our manufacturers to certify that parts and materials comply with slavery or human trafficking laws, maintain internal accountability standards, or provide employee training on the prevention of human trafficking in the supply chain. For efforts taken by our vehicle manufacturer, please visit its website.
11. YOUR INTELLECTUAL PROPERTY RIGHTS AND LICENSE GRANT TO DEALERSHIP
Some features on our Site, either now or in the future, may allow you to post or submit content and materials to and/or for publication on the Site (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt, and publish Your Content on a non-exclusive basis. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it. You are responsible for the legality and accuracy of Your Content. YOU UNDERSTAND AND AGREE THAT WE ARE NOT
RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY RELATED TO, ANY OF YOUR CONTENT, INCLUDING YOUR RELIANCE ON ANY SUCH CONTENT.
We are providing you with access to the Site pursuant to a limited, non-exclusive, non-sub- licensable, non-transferable, revocable license. You can use the Site for personal, non- commercial use, and subject to these Terms. This license is available to you as long as you are not barred from the Site by applicable law and your account is not terminated by us or by you. If these Terms are not enforceable where you are located, you may not use the Site. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
12. THIRD-PARTY SITES AND APPLICATIONS
The Site may contain links to other websites. We are not responsible for the availability of these external websites, nor do we necessarily endorse the activities or services provided by these website. The Site may also include third-party plug-ins, applications, and functionalities (collectively, “Third-Party Applications”), which may include Third-Party Applications related to vehicle appraisals. Third-Party Applications available through the Site are not under the control of the Dealership and may be subject to additional terms and conditions between you and the provider of the Third-Party Application. You are responsible for your compliance with such additional terms and conditions.
Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external website or Third-Party Applications.
13. VIDEO CONTENT ON THE SITE
The Site may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Site and is, therefore, provided in connection with our automotive dealership-related services. We are not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Site, you agree that we are not a “video tape service provider” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710.
Further, the Site may utilize online tracking technologies and code-based tools, including social media pixels, software development kits, and cookies that track information about your activity on the Site (collectively, “Targeting Tools”). Targeting Tools may result in information about your activity on the Site being transmitted from your browser to the Dealership and to third parties, which, in turn, may result in the display of targeted advertisements on third-party website. Whether Targeting Tools on the Site result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of our knowledge or control, including what third-party website you use, what information you have
provided to such third parties, and whether (and the extent to which) you have limited the use of cookies by the operators of third-party website. As such, you hereby acknowledge and agree that, if Targeting Tools on the Site result in your browser’s transmission of information to third-party website, (i) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by the Dealership under the VPPA and (ii) you will not initiate any litigation or otherwise assert any claim against us based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.
14. SMS MARKETING
These mobile messaging terms and conditions (“Mobile Terms”) relate to the sending of mobile text/SMS messages by Fletcher Jones Motorcars (“us” or “we”). Mobile carriers require business SMS users to register with The Campaign Registry (TCR) to enable text messaging. This is required of all businesses sending an SMS from both short code numbers, and long code numbers (10dlc), and the disclosures below related to that registration process
1. General: If you agree to receive text SMS/messages from us, these messages may be sent using autodialers and the types of messages can include marketing, advertising, promotions, information about your orders or account, multi-factor authentication codes, and other messages related to our services. By agreeing to receive text SMS/message from us, you confirm that you are the authorized subscriber or customary user of the phone number you entered above.
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2. Opt-in/Consent to Receive Messages: We do not sell, rent, share, or give your consent to receive text messages to anyone else. This means if you agree to get texts from us, we will not pass that permission to another company for that company to text you.
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3. Consent is Not Required: You do not have to agree to receive text messages to buy from us or use our services.
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4. When you opt-in to the service, we will send you a message to confirm your signup.
Text FJAUTO to 42139 to receive Fletcher Jones Alerts. Message and data rates may apply. Message frequency will vary based on your use. Text “HELP” for help. Text “STOP” to cancel.
5. You can cancel this service at any time. Just text “STOP” to 42139. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.
If you wish to join again, text FJAUTO to 42139.
6. If at any time you forget what keywords are supported, just text “HELP” to 42139. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
7. T-Mobile is not liable for delayed or undelivered messages.
8. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
For all questions about the services provided by this short code, you can send an email to [email protected] or call 833-740-2626.
9. If you have any questions regarding privacy, please read our Privacy Policy linked below.
16. PRIVACY
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Site is governed by our Privacy Policy https://www.fletcherjones.com/privacy-policy/
17. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE SITE AND THE CONTENT ON THE SITE ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE OR THE CONTENT OR COMMUNICATIONS ON THE SITE OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE TO THE EXTENT PERMITTED BY LAW. WE DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE DEALERSHIP OR A DEALERSHIP REPRESENTATIVE SHALL CREATE A WARRANTY.
WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, WE DO NOT ENDORSE AND MAKE NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.
18. THE DEALERSHIP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
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20. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, WE WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SITE (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE OR (v) ANY OTHER MATTER RELATING TO THE SITE. IN ADDITION, WHEN USING THE SITE INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND OUR CONTROL AND JURISDICTION AND THAT OF OUR PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITE. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Dealership, its affiliates and their licensors, service providers, shareholders, employees, contractors, suppliers, agents, officers, directors, successors and assignees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
21. DISPUTE RESOLUTION, AGREEMENT TO ARBITRATE, AND CLASS ACTION WAIVER
Except where and to the extent prohibited by law, by using the Site you and the Dealership agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
• Fletcher Jones Auto Group ATTN: Privacy Department, 7300 West Sahara Avenue, Las Vegas, NV 89117 or
• You, at the address we have on file for you.
Both you and the Dealership agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS IN NEVADA. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT
PROCEED IN A CLASS OR CONSOLIDATED CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to the American Arbitration Association (https://www.adr.org/Rules) for binding arbitration under its rules then in effect, before a retired federal judge or judge of the state court of general jurisdiction, or an otherwise qualified individual to whom the parties mutually agree.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.
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23. OTHER ARBITRATION AGREEMENTS
In the event of a conflict between this agreement to arbitrate and any other arbitration agreement between you and the Dealership, such as an arbitration agreement contained in a retail installment sale contract, lease agreement, or repair estimate (“Other Arbitration Agreement”), the terms of the Other Arbitration Agreement shall govern and prevail in each instance.
24. VENUE AND CHOICE OF LAW
These Terms have been made in and shall be construed in accordance with the laws of the State of Nevada, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision and class action waiver discussed above shall be resolved by a court located in the State of Nevada and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
25. MODIFICATION AND TERMINATION
We reserve the right to modify these Terms at any time. When we do so, we will update the “Last Updated” date above. You will be notified of any material changes to these Terms via a posting on the Site and/or via email at the email address we have on file for you.
We shall have the right to immediately terminate these Terms with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.
WAIVER AND SEVERABILITY
No waiver by the Dealership of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Dealership to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ASSIGNMENT
If the Dealership sells its assets to, or is acquired by another company, or if the Dealership merges with another company, you, by using these Site, authorize the Dealership to assign the personally identifiable information you provided to the Dealership or that the Dealership collected while you used these Site.
VIOLATION OF THESE TERMS AND REMEDIES
By using these Site, you unconditionally agree that the Dealership may terminate and/or block your access to the Site at its sole discretion and without prior notice. You also unconditionally agree that any threatened or actual violation by you of these Terms constitutes an unlawful and unfair business practice. You agree that any threatened or actual violation by you will cause unquantifiable and irreparable harm to the Dealership for which monetary damages would be inadequate and consent to the Dealership’s obtaining any injunctive or equitable relief that the Dealership deems necessary or appropriate. These remedies are in addition to any other remedies that the Dealership may have at law or in equity.
ENTIRE AGREEMENT
These Terms of Use and our Privacy Policy ( https://www.fletcherjones.com/privacy-policy/) constitute the sole and entire agreement between you and the Dealership with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.
26. CONTACT US
If you have any questions, comments, or concerns about these Terms, please contact us at:
Fletcher Jones Auto Group Attention: Privacy Department
Address: 7300 West Sahara Avenue, Las Vegas, NV 89117 Toll-free phone number: (833) 740-2626
Email address: [email protected]