AGREEMENT OF TERMS OF USE
This agreement of terms of use (this "Agreement") is made as of this day, by and between World Omni Financial Corp. (World Omni), its parent company JM Family Enterprises, Inc. and you. This Agreement sets forth the terms and conditions that apply to your access and use of the Internet website owned by JM Family Enterprises, Inc., located at the URL www.WorldOmni.com.
Applicability of Agreement
This Agreement is intended to apply to you, World Omni, and the website www.WorldOmni.com.
Your Right to Access and Use WorldOmni.com.
The right to access and use WorldOmni.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use WorldOmni.com for lawful purposes and pursuant to the terms and conditions of this Agreement.
By accessing and using WorldOmni.com (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 WORLD OMNI, in its sole discretion, may make in the future.
Any action by you that, as determined by WORLD OMNI, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying WorldOmni.com, such as impairing the operation of the site or distorting the material displayed, shall not be permitted, and may result in your loss of the right to access and use WorldOmni.com.
Intellectual Property Rights
Images and/or videos of vehicles, people or places displayed on WorldOmni.com are either the property of, or used with permission by, WORLD OMNI. The use of these images and/or videos by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on WorldOmni.com. Any unauthorized use of the images and/or videos 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 WorldOmni.com, including, without limitation, the names "JM Family Enterprises, Inc.," "JM&A Group," "JM Lexus," "JM Service Center", "Southeast Toyota Distributors, LLC," "Southeast Toyota Finance," "World Omni Financial Corp." and their respective logos are registered and unregistered Trademarks of WORLD OMNI or its 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 WorldOmni.com without the written permission of WORLD OMNI or such third party owners of the Trademarks. Any use of third party Trademarks on WorldOmni.com 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 WORLD OMNI any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on WorldOmni.com, or any other content on WorldOmni.com, except as provided in this Agreement, is strictly prohibited. You are also advised WORLD OMNI will aggressively enforce its 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 WorldOmni.com (collectively, the "Content") are copyrighted by WORLD OMNI, 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 WORLD OMNI, 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 WORLD OMNI or its 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 WORLD OMNI intellectual property, or any other harm incurred by WORLD OMNI 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. WORLD OMNI DOES 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.
WORLD OMNI MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM WORLDOMNI.COM 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 WORLDOMNI.COM.
Links to Third Party Sites
WorldOmni.com may contain links to third party Internet websites ("Linked Sites"). The Linked Sites are not under the control of WORLD OMNI and WORLD OMNI 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. WORLD OMNI is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is WORLD OMNI responsible if the Linked Site is not working appropriately. WORLD OMNI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WORLD OMNI of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use WorldOmni.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of WorldOmni.com.
Termination of this Agreement
You may terminate or opt out of this Agreement at any time by contacting JM Family Enterprises, Inc. at info@WorldOmni.com. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use WorldOmni.com.
WORLD OMNI may terminate this Agreement at any time, without prior notice, for any reason, or for no reason, which WORLD OMNI shall have no obligation to disclose to you.
Limitations on WORLD OMNI’s Liability
WORLD OMNI 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:
YOUR ACCESS AND USE OF WORLDOMNI.COM;
(ii) YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL, NON-COMMERCIAL USE;
(iii) YOUR DOWNLOADING OF ANY CONTENT AS MAY BE PERMITTED BY WORLD OMNI BY WORLD OMNI'S PRIOR WRITTEN PERMISSION REGARDING THE SAME; OR
(iv) YOUR RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED OR ADVERTISED ON WORLDOMNI.COM.
To the extent that a state does not permit the exclusion or limitation of liability set forth herein, WORLD OMNI’s liability is limited to the maximum extent permitted by law in such state.
Indemnification
You shall defend, indemnify and hold harmless WORLD OMNI and each of its 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 WorldOmni.com.
Third Party Rights
This Agreement is for the benefit of WORLD OMNI, its subsidiaries, 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 its behalf.
Amendments
WORLD OMNI reserves the right to amend this Agreement at any time. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon its inclusion in, or deletion from, this Agreement and the posting of the same in this Agreement on WorldOmni.com.
To the fullest extent permitted under applicable law, your continued access and use of WorldOmni.com following the posting of any such changes shall automatically be deemed your acceptance of the same. Therefore, you are encouraged to revisit this Agreement from time to time in order to review any changes that have been made.
Remedies
You acknowledge that WORLD OMNI 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, WORLD OMNI 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.
Miscellaneous
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.
WORLD OMNI’s failure to exercise or enforce any right or provision of these terms in this Agreement shall not be construed as a waiver or relinquishment, to any extent, of the right to assert or rely upon any such terms, provisions or options on any future occasion.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by WORLD OMNI from time to time, shall survive your acceptance of this Agreement.
These terms constitute the entire, complete and exclusive Agreement between WORLD OMNI and you regarding WorldOmni.com and supersedes all prior agreements and understandings with respect to the subject matter of these terms.
Update December 1, 2017