AGREEMENT
This website is owned and operated by Frank Myers Auto Maxx, LLC. These Terms of Use apply to the site located at www.frankmyersauto.com, as well as any versions of that site that Frank Myers Auto Maxx, LLC or any company or entity owned by Frank Myers Auto Maxx, LLC may co-brand with or private-label for third parties (collectively, affiliates). Access to and use of this website is offered to the visitor conditioned on the visitor’s acceptance without modification of the terms, conditions, and notices contained herein. By accessing and using this website, you are deemed to have agreed to all such terms, conditions, and notices.
ADVERTISING AND RESEARCH SERVICES. Frank Myers Auto Maxx, LLC operates the “USED CAR WAREHOUSE” portion of their site as an online education, research and advertising service for car buyers and sellers. NONE OF THE VEHICLES LISTED ON THE “USED CAR WAREHOUSE” PAGES ARE OWNED BY FRANK MYERS AUTO MAXX, LLC.
ACCURACY OF VEHICLE LISTINGS INFORMATION. The “USED CAR WAREHOUSE” displays listings of pre-owned vehicles for sale by licensed automobile dealers, private owners (non-dealers) and/or automobile auctions. The vehicle descriptions and prices listed are electronically posted to the “USED CAR WAREHOUSE” either directly or through a third party by the participating dealer who owns the vehicle. The transmission of vehicle listings from the participating dealer for posting to the “USED CAR WAREHOUSE” necessarily involves the passage of time and the possibility that unintentional errors can occur. When viewing vehicle listings on the “USED CAR WAREHOUSE” portion of this website, you must understand that:
• YOU SHOULD ASSUME THAT PRICES LISTED FOR VEHICLES EXCLUDE STATE AND LOCAL TAXES, AS WELL AS ANY STATE AND LOCAL GOVERNMENTAL CHARGES, INCLUDING WITHOUT LIMITATION, REGISTRATION, LICENSE AND TITLE FEES, DOCUMENTARY FEES, EMISSIONS CERTIFICATION FEES AND ADDED ACCESSORIES YOU CHOOSE TO PLACE ON THE VEHICLE
• ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOU CONTACT THE DEALER
• ALL PRICES AND TERMS LISTED ARE VALID ON DATE OF PUBLICATION ONLY AND SUBJECT TO CHANGE WITHOUT NOTICE
• ALL LISTINGS ARE SUBJECT TO THE WARRANTY DISCLAIMER IN THESE TERMS OF USE.
RESTRICTIONS ON YOUR USE OF THE “USED CAR WAREHOUSE”. All materials published on the “USED CAR WAREHOUSE”, including, but not limited to vehicle listings, descriptions, photographs, images, illustrations, pricing information, reviews and video clips, (“Information”) are the sole property of Frank Myers Auto Maxx, LLC or its third-party providers and is protected by patent, trademark, copyright, and other intellectual property rights. You may access and use the “USED CAR WAREHOUSE” solely for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Information, software, products or services obtained from the “USED CAR WAREHOUSE”. Without limiting the general restrictions, you may not under any circumstances: (a) use the “USED CAR WAREHOUSE’s” lead forms and/or toll-free numbers to advertise or promote products and services to dealers; (b) use any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Information for any purpose without Frank Myers Auto Maxx, LLC ‘s prior expressed written permission; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the “USED CAR WAREHOUSE”; (d) decompile, reverse engineer, disassemble or otherwise attempt to obtain the source code for the “USED CAR WAREHOUSE” or any of the underlying software; or (e) take any action that imposes an unreasonable or disproportionately large load on Frank Myers Auto Maxx, LLC ‘s hardware and software infrastructure.
DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE “USED CAR WAREHOUSE” AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. FRANK MYERS AUTO MAXX, LLC, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE “USED CAR WAREHOUSE”, THE INFORMATION CONTAINED ON THE “USED CAR WAREHOUSE” OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE “USED CAR WAREHOUSE” AND ALL INFORMATION CONTAINED ON THE “USED CAR WAREHOUSE” PORTION OF THIS WEBSITE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND FRANK MYERS AUTO MAXX, LLC, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. NEITHER FRANK MYERS AUTO MAXX, LLC, NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE LISTED ON THE “USED CAR WAREHOUSE”. FRANK MYERS AUTO MAXX, LLC, CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. FRANK MYERS AUTO MAXX, LLC, RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE INFORMATION. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL FRANK MYERS AUTO MAXX, LLC, ITS AFFILIATES OR ITS THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES), REGARDLESS OF THE FORM OF ACTION, THAT RESULT FROM OR RELATE TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR INFORMATION AVAILABLE ON THIS SITE. IF YOU ARE DISSATISFIED WITH ANY SERVICE OR INFORMATION, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF FRANK MYERS AUTO MAXX, LLC, ITS AFFILIATES OR ANY OF ITS THIRD-PARTY PROVIDERS ARE FOUND LIABLE IN CONNECTION WITH A CLAIM ARISING OUT OF OR RELATED TO THE SERVICES OR THE INFORMATION, THEIR AGGREGATE LIABILITY IN SUCH AN EVENT SHALL NOT EXCEED FIFTY DOLLARS ($50). YOUR RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES TO WHICH YOU MAY OTHERWISE BE ENTITLED FROM FRANK MYERS AUTO MAXX, LLC ITS AFFILIATES OR ITS THIRD-PARTY PROVIDERS. 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.
LINKS TO THIRD PARTY SITES. This site may contain hyperlinks to websites operated by parties other than Frank Myers Auto Maxx, LLC. Such hyperlinks are provided for your reference only. Frank Myers Auto Maxx, LLC. does not control such websites, and is not responsible for their contents or accessibility.
GUARANTEES.
The “Iron-Clad Money Back Guarantee” requirements are as follows:
• The vehicle must be Certified. Non-Certified vehicles do not qualify for the “Iron-Clad Money Back Guarantee”.
• Less than 300 miles must have been driven since time of purchase.
• There is no damage to the vehicle (i.e. – body or glass).
• In the opinion of the selling dealer, the vehicle has not been abused.
• If there is a trade involved, it will be returned unless it has been sold. If it has been sold, you will be refunded the wholesale value of the vehicle. If it hasn’t been sold but has had monies spent on it for reconditioning, this amount will be deducted from the refund.
• You have had the vehicle for less than 3 days (or 2 full business days).
• Any and all equipment that was on the vehicle when sold is returned (i.e. – alarms, stereos, wheels, same tires, etc.)
• Any monies still due and the $299.00 restocking fee will be deducted from the refund. If there is no refund due the customer at time of return, the $299.00 restocking fee must be paid in full before the return will be accepted.
• Any expenses you have incuured will not be refunded. This includes charges for items installed or added to the vehicle or any gas purchased.
• This refund policy applies to the vehicle(s) listed on the Retail Purchase Agreement and is not assignable to a third party.
COPYRIGHT NOTICE . It is Frank Myers Auto Maxx, LLC’s policy to respond to claims of intellectual property infringement. Frank Myers Auto Maxx, LLC will process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this site:
Frank Myers Auto Maxx, LLC. Attn: Denise Ireland: 4200 North Patterson Avenue
Winston-Salem, NC 27105
USA
To be effective, the notification must be a written communication that includes the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider 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;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MODIFICATION OF THESE TERMS OF USE . Frank Myers Auto Maxx, LLC. reserves the right to change these terms of use at any time by posting revised terms on the site. You are responsible for regularly reviewing these terms of use. Continued use of this site following any such changes shall constitute the your acceptance of such changes.
GENERAL . This agreement is governed by the laws of the State of Washington applicable to contracts executed and performed entirely within that state. You hereby agree that any cause of action you may have with respect to this site must be exclusively filed in the federal or state courts located in Forsyth County, North Carolina, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Forsyth County, North Carolina, and waive any objection based on forum non conveniens. As a condition of using this site, you agree that all causes of action arising out of or connected with this site shall be resolved individually, without resort to any form of class action.â Use of this site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
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.
Failure by Frank Myers Auto Maxx, LLC to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.â This Agreement constitutes the entire agreement between you and Frank Myers Auto Maxx, LLC with respect to this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Frank Myers Auto Maxx, LLC with respect to this site.