|Customer Portal Terms and Conditions
and between JM Family Enterprises, Inc., Southeast Toyota Distributors, LLC, World Omni
Financial Corp., World Omni Financial Corp. d/b/a Southeast Toyota Finance (collectively,
"the JMFE Entities") and you. This Agreement sets forth the terms and conditions
that apply to your access and use of www.worldomni.com ("Customer Portal").
Applicability of Agreement
This Agreement is intended to apply to the JMFE Entities, and the Customer Portal.
Your Right to Access and Use the Customer Portal
The right to access and use the Customer Portal is personal to you and is not transferable
by you to any other person or entity. You are only entitled to access and use the Customer
Portal for lawful purposes and pursuant to the terms and conditions of this Agreement.
By accessing and using the Customer Portal (other than to read this Agreement), you agree
to comply with all of the terms and conditions of this Agreement, including any changes or
revisions to this Agreement, which the JMFE Entities, in their sole discretion, may make
in the future.
Any action by you that, as determined by the JMFE Entities, in their sole discretion, restricts,
inhibits or prevents you or any other user from accessing, using or enjoying the Customer Portal
shall not be permitted, and may result in your loss of the right to access and use the Customer
Intellectual Property Rights
Images of vehicles, people or places displayed on the Customer Portal are either the property
of, or used with permission by, the JMFE Entities. The use of these images by you, or anyone else
authorized by you, is prohibited unless specifically permitted by this Agreement or specific
permission provided elsewhere on the Customer Portal. Any unauthorized use of the images may
violate copyright laws, trademark laws, the laws of privacy and publicity and communications
regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on
the Customer Portal, including, without limitation, the names "JM Family Enterprises, Inc.,"
"Southeast Toyota Distributors, LLC," "World Omni Financial Corp.," "Southeast
Toytota Finance," and their respective logos are registered and unregistered Trademarks of the
JMFE Entities or their rightful owners. Nothing contained on the website should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed
on the Customer Portal without the written permission of the JMFE Entities or such third party owners
of the Trademarks. Any use of third party Trademarks on the Customer Portal is done either by permission
of the Trademarks' owners, or as part of a "News" story or feature and subject to the Fair
Use provisions of international, Federal, and State intellectual property laws. No special association
or relationship is intended by such use, and its use should not be construed as granting the JMFE
Entities any official status with any third party, unless otherwise noted. Your misuse of the Trademarks
displayed on the Customer Portal, or any other content on the Customer Portal, except as provided in this
Agreement, is strictly prohibited. You are also advised the JMFE Entities will aggressively enforce their
intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The data and content contained on or downloaded from the Customer Portal (collectively, the "Content")
are copyrighted by the JMFE Entities, which also own a copyright of a collective work in the selection,
coordination, arrangement and enhancement of the Content.
Without the prior written consent of the JMFE Entities, you may only print, download or otherwise use the
Content in the form of: (i) one machine-readable copy and (ii) one print copy, for your personal,
non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with
regard to the foregoing manifestations of Content.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution,
redistribution, transmission, publication or use other than personal, non-commercial use of the Content is
permitted without the express prior written permission of the JMFE Entities or their licensors.
You agree that printing, downloading or otherwise using the Content in accordance with this Agreement does
not entitle you to any ownership or intellectual property rights in the Content.
You shall be solely responsible for any damage resulting from your infringement of the JMFE Entities'
intellectual property, or any other harm incurred by the JMFE Entities as a direct or indirect result of
your copying, distributing, redistributing, transmitting, publication or use for purposes other than
personal, non-commercial use of the Trademarks or the Content that is contrary to the terms and conditions
of this Agreement.
No Representations or Warranties Regarding Content
THE CONTENT IS BEING PROVIDED TO YOU ON AN "AS-IS" BASIS. THE JMFE ENTITIES DO NOT MAKE ANY
REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR
COMPLETENESS OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR
A PARTICULAR PURPOSE OF THE CONTENT.
THE JMFE ENTITIES MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING
FROM THE CUSTOMER PORTAL IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS,
EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING
OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY
INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY
OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON THE CUSTOMER PORTAL.
Links to Third Party Sites
The Customer Portal may contain links to third party Internet websites ("Linked Sites"). The Linked
Sites are not under the control of the JMFE Entities and the JMFE Entities are 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. The JMFE Entities are not responsible for webcasting or any other form of transmission received
from any Linked Site, nor are the JMFE Entities responsible if the Linked Site is not working appropriately.
The JMFE Entities are providing these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by the JMFE Entities of the Linked Site or any association with its operators. You are responsible
Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to
access and use the Customer Portal, and all costs and fees associated with Internet access or long distance charges
incurred with regard to your access and use of the Customer Portal.
Termination of this Agreement
You may terminate or opt out of this Agreement at any time by contacting 1-800-553-0159. Termination or opting out
of this Agreement by you shall result in your loss of the right to access and use the Customer Portal.
The JMFE Entities may terminate this Agreement at any time, without prior notice, for any reason, or for no reason,
which the JMFE Entities shall have no obligation to disclose to you.
Limitations on the JMFE Entities' Liability
THE JMFE ENTITIES SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A RESULT OF:
(i) YOUR ACCESS AND USE OF THE CUSTOMER PORTAL;
(ii) YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL, NON-COMMERCIAL USE;
(iii) YOUR DOWNLOADING OF ANY CONTENT AS MAY BE PERMITTED BY THE JMFE ENTITIES BY THE JMFE ENTITIES' PRIOR
WRITTEN PERMISSION REGARDING THE SAME; OR
(iv) YOUR RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED OR ADVERTISED ON THE CUSTOMER PORTAL.
You shall defend, indemnify and hold harmless the JMFE Entities and each of their respective officers, directors,
shareholders, employees, independent contractors, agents, representatives and affiliates from and against all
claims and expenses, including attorneys' fees, arising out of, or attributable to: (i) any breach or violation
of this Agreement by you; and (ii) any access or use of the Customer Portal.
Third Party Rights
This Agreement is for the benefit of the JMFE Entities, their affiliates, and third party licensors, each of
which shall have the right to enforce and assert the terms and conditions of this Agreement directly against
you on their behalf.
The JMFE Entities reserve the right to amend this Agreement at any time in their sole discretion and without
notice. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon their
inclusion in, or deletion from, this Agreement and the posting of the same in this Agreement on the Customer Portal.
You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made.
Your continued access and use of the Customer Portal following the posting of any such changes shall automatically
be deemed your acceptance of the same.
You acknowledge that the JMFE Entities may be irreparably damaged if this Agreement is not specifically enforced,
and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any
provision of this Agreement by you, the JMFE Entities shall be entitled, in addition to all rights and remedies,
to an injunction restraining such breach or threatened breach, without being required to show any actual damage or
to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining
such breach or threatened breach shall be brought in the courts of record of Broward County, Florida, or the
United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and
waive any objection to the setting of the venue of any such action or proceeding in such court. You agree that
service of any court paper may be effected on such party by mail or in such other manner as may be provided under
applicable laws, rules of procedure or local rules.
This Agreement is to be governed and construed in accordance with the internal laws of the State of Florida,
without regard to principles of conflicts of laws.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction,
this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this
Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of
this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by the JMFE
Entities from time to time, shall survive your acceptance of this Agreement.