DFWcertautos.com TERMS AND CONDITIONS OF USE

 

Thank you for visiting the DFWcertautos.com website. We hope that you find our website to be a useful part of your car-buying experience. At DFWcertautos.com we introduce pre-owned car buyers like you to pre-owned car dealers.

DFWcertautos.com is owned and operated by Frank Kent Motor. As used in these Terms and Conditions of Use, the terms “we” and “our” means DFWcertautos.com; its owner, Frank Kent Motor., and all parent, sister and subsidiary companies of Frank Kent Motor. The terms “you,” “your” and “user” means any visitor to or individual viewing content from DFWcertautos.com.

This website is for use by individuals over the age of majority. Individuals under the age of majority may not use this website and if such individual does use this website, then the parent or guardian of such individual shall be solely responsible for the acts of such individual.

This website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this website constitutes your acceptance of and agreement to be bound by all of the terms, conditions and notices set forth in this Terms and Conditions of Use.

ADVERTISING AND RESEARCH SERVICES

This website is operated as a service for pre-owned car buyers and sellers. NONE OF THE VEHICLES LISTED ON THIS WEBSITE ARE OWNED BY US and we do not sell vehicles directly and are never a party to any transaction between you as a buyer and dealers listing vehicles on this website. As a result, we do not guarantee or make any representations about: any content, vehicle or dealer: any transaction between your and a listing dealer: any collection or process of payment

or transfer of title on behalf of you or a any listing dealer or warehouse; or any storage, shipment or delivery of any vehicles. All transactions are between you as the buyer and a listing dealer as the seller. When you communicate with a listing dealer either through our website or otherwise, we are not responsible for any representations that they may make to you or any agreement you may enter into with them. We are not an automobile broker and are our website is not in any way arranging on your or the listing dealer’s behalf a sale of an automobile to you. That is up to you. The statements made by any listing dealer to you or any agreement you reach with a listing dealer is strictly between you and the listing dealer and we have no involvement, responsibility or liability with respect to such negotiations or agreements.

VEHICLE AVAILABILITY AND PRICES

We display listings of pre-owned vehicles for sale by listing dealers and content of our website, including but not limited to the vehicle descriptions and prices listed are electronically posted to our website either directly or through a third party and/or by the listing dealer who owns the vehicle. The transmission of vehicle listings from the listing dealer for posting to our website necessarily involves the passage of time and the possibility that unintentional errors can occur. We do not guarantee or make any representations regarding the accuracy of any content on this website, including, but not limited to vehicle prices or availability. All vehicle descriptions and prices provided to you either on our website or via separate communication following your contact of a listing dealer are made by the listing dealer and not by us. All content, including but not limited to vehicle prices and descriptions listed as available on our website are established and electronically placed there by the listing dealer who owns the vehicle and/or other third parties and not by us.

All vehicles are subject to prior sale and may not be available when you contact the listing dealer. All vehicle content, including, but not limited to, prices and terms are believed to be accurate on the date of publication only and may be changed by us or the listing dealer without notice. All vehicles are subject to availability and final pricing from the listing dealer and not us. Any discrepancies or mistakes made regarding website content, including, but not limited to vehicle availability, condition or pricing are not our responsibility and should be directed to the listing dealer who is solely responsible for providing the information. We do not guarantee either expressly or by implication that we will find a vehicle that meets your specifications. You should assume that all prices shown by listing dealers 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 may choose to place on the vehicle. None of the vehicles listed on our website are offered by us and we make no representations with respect to their condition, nor do we offer any express or implied warranty on any vehicle other than as expressly stated in the terms and conditions of the DFWcertautos Power Train Limited Warranty if provided to you when you purchase a DFWcertautos vehicle from a listing dealer. All listings and website content are subject to the terms, conditions and warranty disclaimers of these Terms and Conditions of Use and of the DFWcertautos Power Train Limited Warranty if provided to you when you purchase a DFWcertautos Vehicle from a listing dealer. Unless stated otherwise, all vehicles should be assumed to be sold "as-is", with all faults and without warranty, express or implied. All express or implied representations regarding a vehicle are that of the listing dealer and not us. The listing dealer is solely responsible for ensuring each vehicle meets minimum state and federal standards applicable for the model and year of vehicle prior to its sale, including all local, state and federal emissions and safety standards applicable for the model and year of vehicle.

 

PRE-OWNED VEHICLE TERMS AND DISCLAIMERS

Statements and representations contained on our website regarding the certification of vehicles are merely descriptive of the certification process and are not guarantees or warranties as to a vehicles particular condition. Although only vehicles which have gone through the DFWcertautos inspection and reconditioning process should be listed on our website, this is the listing dealers responsibility, not ours, It is the listing dealers representation, not ours, that a listed vehicle has undergone a diagnostic inspection by ASE Certified Technicians and the listing dealers representation, not ours, that a listed vehicle has undergone a vehicle history evaluation. To the extent that a vehicle does qualify as a DFWcertautos vehicle, it will come with a DFWcertautos Limited Power Train Warranty providing coverage as more fully set forth in the coverage terms and conditions provided by the listing dealer. Additionally, to the extent a vehicle qualifies as a DFWcertautos vehicle, an optional Mechanical Repair Service Contract providing coverage as more fully set forth in the coverage terms and conditions of such Contract may be offered by the listing dealer and purchased separately by you. IT IS YOUR RESPONSIBILITY TO READ THE VEHICLE DESCRIPTION PROVIDED BY THE DEALER AND THE TERMS AND CONDITIONS OF THE DFWcertautos POWER TRAIN LIMITED WARRANTY AND, IF PURCHASED, THE DFWcertautos MECHANICAL REPAIR SERVICE CONTRACT, AND TO PHYSICALLY INSPECT THE VEHICLE PRIOR TO COMPLETING YOUR PURCHASE. Warranty coverage or exclusions are set forth in DFWcertautos Power Train Limited Warranty documentation provided to you by the listing dealer. For exact coverage, exclusions and limitations you should carefully review the DFWcertautos Power Train Limited Warranty form.

 

LINKS TO THIRD PARTY SITES

To make our website more valuable to you, in addition to the listing dealers’ vehicles, we also feature some products and services that come from other providers who are also not owned or controlled by us. These products and services are may be accessed by you through links on our website. We do not control such websites, and are not responsible for their contents. Our inclusion of links to such websites does not imply any endorsement o such websites, products or services.

 

OWNERSHIP AND PROPRIETARY RIGHTS

All content contained on this website, is owned solely and exclusively by us or by the applicable listing dealers or third party providers and is protected by patent, trademark, copyright, and other intellectual property rights. By permitting you to access and use of our website, we have not granted you a license of any kind to use this content for any purpose (including, but not limited to, commercial purposes) except that vehicle information may be printed for your non-commercial, personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products or services obtained from this website. You may not amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any content or part of this website. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website is strictly prohibited.

DISCLAIMER

SUBJECT TO APPLICABLE LAW AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. NEITHER WE NOR ANY LISTING DEALER, ADVERTISER, SERVICE PROVIDER OR OTHER THIRD-PARTY MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING OUR WEBSITE OR ANY CONTENT CONTAINED ON OUR WEBSITE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. OUR WEBSITE AND ALL CONTENT CONTAINED ON OUR WEBSITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND WE, THE LISTING DEALERS, ADVERTISERS, AND OTHER ENTITIES SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND/OR WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT ABOUT A VEHICLE LISTED ON OUR WEBSITE. WE CANNOT AND DO NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. WE EXPRESSLY RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT AND/OR PERMIT A THIRD PARTY TO CORRECT ANY ERROR OR OMISSION ON THE WEBSITE OR IN THE CONTENT OF THE WEBSITEALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE LISTING DEALER PRIOR TO THE SALE OF THE VEHICLE. BECAUSE SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION SHALL APPLY TO THE EXTENT PERMITTED BY LAW.

 

LIMITATION OF LIABILITY AND WAIVER OF DAMAGES

SUBJECT TO APPLICABLE LAW AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE OR ANY LISTING DEALER, ADVERTISER, OR OTHER THIRD-PARTY PROVIDER BE LIABLE FOR ANY NOMINAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER FORM OF DAMAGES (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) AND YOU AGREE YOU’RE YOUR USE OF THIS WEBSITE CONSTITUTES A WAIVER BY YOU OF ALL RIGHTS YOU MAY BE DEEMED TO HAVE TO CLAIM SUCH DAMAGES, WHETHER THE ALLEGED CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND REGARDLESS OF THE FORM OF ACTION, THAT RESULT FROM OR RELATE TO THE CONTENT, OR USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY CONTENT CONTAINED ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, IF YOU ARE DISSATISFIED WITH ANY THIS WEBSITE, OR ANY SERVICE, ADVERTISMENT, OR CONTENT OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, OUR PRIVACY AND SECURITY POLICY OR ANY ACT OR OMMISSION OF BY OR INVOLVING US, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND YOU AGREE YOU’RE YOUR USE OF THIS WEBSITE CONSTITUTES A WAIVER BY YOU OF ALL RIGHTS YOU MAY BE DEEMED TO OTHER REMEDIES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.INDEMNIFICATION

INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys' fees), relating to your, your child’s or your ward’s use of this website that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.

 

INTELLECTUAL PROPERTY

Everything on our website is copyrighted (unless otherwise noted) and may not be used by you. Use of images on our website by you or other third parties is prohibited and may violate the copyright laws, trademark laws, privacy laws and other laws and regulations. The words “DFWcertautos,” the design mark “DFWcertautos” and “DFWcertautos.com” are registered trademarks or service marks of Frank Kent Motor. or one of its affiliated companies. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible. All other trademarks not owned by us or one of our affiliated companies that appear on this website are property of their respective owners. Nothing contained on this website may be construed as granting any license or right to use any of intellectual property appearing on the website.

 

USAGE AND OWNERSHIP OF INFORMATION

All user information submitted to or obtained by us through our website becomes and remains our property. Consequently, we may use any information you submit for any purpose we deem appropriate in accordance with these Terms and Conditions, our Privacy and Security Policy, and applicable law.

 

INFRINGEMENT CLAIMS

It is our policy to respond to claims of intellectual property infringement regarding content on our website. We 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 the following:

DFWcertautos.com
Legal Department
Attn: General Counsel
3535 W. Loop 820 South
Ft Worth, TX 76116

 

MODIFICATION OF TERMS AND CONDITIONS OF USE

We have the right to change these Terms and Conditions of Use at any time by posting revised terms on this website. You are responsible for regularly reviewing these Terms and Conditions of Use. Your continued use of this website or viewing of content on this website following any such changes shall constitute your acknowledgment of and agreement to such changes.

 

CHOICE OF LAW AND FORUM AND WAIVER OF JURY TRAIL

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflicts of law rules. You agree that, unless expressly waived by us or we bring an action in a different jurisdiction, the exclusive jurisdiction for any claim or action arising out of or relating to this website, its content, the Privacy and Security Policy and/or these Terms and Conditions of Use shall be in the state or federal courts located in the County of Cook, State of Illinois. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In addition, we and you each expressly waives any right to a trial by jury in any dispute arising between you and us related to this website or its content or the Privacy and Security Policy, or these Terms and Conditions of Use. An original counterpart or a copy of this Agreement may be filed with any court as written evidence of each of our consent to the waiver of its right to trial by jury.

SEVERABILITY

If any of provision of these Terms and Conditions of Use shall be deemed invalid, void or for any other reason unenforceable, including, but not limited to, the warranty disclaimers, liability limitations and waivers 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 these Terms and Conditions of Use shall continue in effect and continue to be enforceable.

 

GENERAL

Our failure to enforce any provision of these Terms and Conditions of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms and Conditions of Use. These Terms and Conditions of Use constitute an agreement between you and us with respect to this website and your use of this website and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to this website.