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TERMS OF USE
AGREEMENT BETWEEN
USER AND RUDY'S AUTO SALES
This Website is offered to you, the user, conditioned on your acceptance
without modification of the terms, conditions and notices contained herein.
Your use of the RUDY'S AUTO SALES Website constitutes your agreement to all
such terms, conditions and notices.
ONLINE AUTOMOBILE DATA,
CONDITION, WARRANTY, PRICE AND PAYMENT QUOTES
The information on the RUDY'S AUTO SALES Website is being provided for
educational purposes only. This Website is designed to enable users to
obtain online and offline automobile price and payment quotes from Rudy's
Auto Sales. All quotes are estimates only and 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 automobile. On occasion, unintentional, but material, errors may occur
in the entry of condition, warranty, pricing and/or payment data that forms
the basis of such quotes furnished through the RUDY'S AUTO SALES Website. In
such an event, RUDY'S AUTO SALES will not honor such quotes. RUDY'S AUTO
SALES, in its sole discretion, will make the determination as to whether a
quote is materially inaccurate as a result of unintentional data entry
errors. KNOW WHAT YOU ARE SIGNING AT THE TIME OF PURCHASE OR LEASE as a
dealer is not prohibited from independently negotiating all of the terms and
conditions of the final sale. Your acceptance of and execution of a contract
for the purchase or lease of a automobile and/or your purchase or lease of
any automobile on an "as-is" or "implied warranty only" basis or with any
terms differing from those quoted to you on this Website will supersede any
posted or referenced terms, conditions and/or warranties displayed on our
Website and be legally binding upon you.
USED CAR TERMS AND CONDITIONS
Used Car General Warranty Standards: NONE OF THE AUTOMOBILES LISTED ARE
OWNED BY RUDY'S AUTO SALES. RUDY'S AUTO SALES OFFERS NO EXPRESS OR IMPLIED
WARRANTY ON ANY AUTOMOBILE. Automobiles displayed for sale on the RUDY'S
AUTO SALES used car section may be sold with or without warranty from the
selling dealer. UNLESS STATED OTHERWISE, ALL AUTOMOBILES ARE SOLD "AS-IS",
WITH ALL FAULTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. ALL EXPRESS OR
IMPLIED REPRESENTATIONS REGARDING A AUTOMOBILE ARE THAT OF RUDY'S AUTO
SALES. The Dealer is solely responsible for ensuring each automobile meets
minimal state and federal emissions and safety standards applicable for the
model and year of automobile prior to its sale.
It is YOUR RESPONSIBILITY TO READ THE AUTOMOBILE DESCRIPTION PROVIDED BY THE
DEALER AND TO PHYSICALLY INSPECT THE AUTOMOBILE PRIOR TO COMPLETING YOUR
PURCHASE. Dealer may post any retail quality automobile owned by the Dealer,
regardless of model year or mileage. Dealer is responsible for disclosing
prior rental and dealer demonstration history, frame damage, salvage
history, stolen-recovery history, flood damage, and any material cosmetic or
mechanical damage, defect or irregularity of the automobile. Dealer, in its
sole discretion, may offer a limited warranty for a automobile(s) or in the
alternative, offer a automobile, without warranty, AS-IS
CREDIT EVALUATION
You are not required to apply for automobile financing as a condition of
your using this Website or any of the services offered hereon. Independent
third party lenders and not RUDY'S AUTO SALES provide all
automobile-financing programs. If you choose to apply for financing through
one of our affiliated-lending partners, you do so with this understanding.
You will be asked to submit an application for credit and other
documentation, as the lender deems necessary in order to facilitate the
loan. Payment information provided to you on this Website is for educational
purposes only and shall not be considered as final. Your actual payment will
be based upon, among other things, the results of an independent credit
evaluation, current prevailing interest rates, and the length and amount of
the loan requested.
AUTOMOBILE AVAILABILITY AND
PRICES
RUDY'S AUTO SALES DOES NOT GUARANTEE AUTOMOBILE PRICES
OR AVAILABILITY. All transactions are conducted by and fulfilled through
state licensed and franchised or independent automobile dealers. All
automobile descriptions and prices provided to you either on our website or
via separate contact following your submission of a purchase request are
made by the participating dealer possessing the desired automobile and not
by RUDY'S AUTO SALES. All automobiles prices and descriptions listed as
available on our Website are established and electronically placed there by
RUDY'S AUTO SALES. ALL AUTOMOBILES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE
AVAILABLE WHEN YOUR REQUEST IS PROCESSED. ALL PRICES AND TERMS ARE VALID ON
DATE OF PUBLICATION ONLY. All data and information used in our research
tools for configuring automobiles, selecting options, determining pricing,
invoice or incentives on this Website are supplied by third party vendors
for educational purposes only and are not intended to be binding on RUDY'S
AUTO SALES or the subscribing dealer. All tools appearing on this Website
that allow for configuring automobiles with different options do so with
such items that are typically available from the manufacturer and are
typically available at local dealerships and may not be indicative of all of
the configurations and equipment available on the automobile being
configured or the exact price(s) for a automobile so equipped. RUDY'S AUTO
SALES will attempt to fulfill your request through the inventories of
participating dealers, subject to availability and final pricing from that
dealership and not RUDY'S AUTO SALES. Any discrepancies or mistakes made
regarding automobile availability, condition or pricing are not the
responsibility of RUDY'S AUTO SALES and should be directed to the dealer or
third party vendor responsible for providing the information.
We do not guarantee either expressly or by implication that we will find a
automobile that meets your specifications. Exact matches can be extremely
difficult to find because of geographic location, automobile popularity, and
limited production or factory-to-dealer allocations.
AUTOMOBILE HOLD REQUIREMENTS,
DEPOSITS AND SERVICE FEES
IT IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU
ARE BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR
AUTOMOBILE PURCHASE OR LEASE.
RUDY'S AUTO SALES does not charge a fee to consumers
for our services except as provided below. *
Any deposit requirement is strictly negotiable between you and the dealer.
From time-to-time a automobile dealer with whom you are negotiating for a
purchase or lease may require a good faith monetary deposit as a good faith
showing of your intent to purchase or lease a general make, model or type of
automobile and/or to hold a particular automobile on your behalf.
Absent a specific agreement between you and the dealer, a dealer is not
required to hold any automobile off the market and is free to sell any
automobile at any time before you have executed a contract to purchase such
automobile. The act of submitting a purchase request through our Website
does not place a hold on any specific automobile in a dealer or
manufacturer's inventory. A monetary deposit made by you to the dealer is
not a guarantee that a specific automobile will be available for you to
purchase unless you and the dealer specifically agree to such term and the
automobile is clearly identified on a deposit receipt by the Automobile
Identification Number or Dealer Stock Number. It is your responsibility to
confirm with the dealer that the automobile will be held off the market
until you can arrive at the dealership to complete the purchase and whether
or not an additional deposit is necessary as a condition of the dealer
holding the automobile for you.
Whether your deposit is refundable or not is subject to your contractual
agreement with the dealer and/or state law. You should not assume a deposit
made by you towards the purchase or lease of a automobile is fully
refundable. Deposits made on special ordered automobiles may not be
refundable in the event you ultimately do not complete the purchase or
lease.
PERSONAL AND NON-COMMERCIAL USE
LIMITATION
This Website is 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 this Website. The content
available through this Website is the sole property of RUDY'S AUTO SALES or
its licensors and is protected by patent, copyright, trademark and other
intellectual property laws. Except as otherwise explicitly agreed in
writing, RUDY'S AUTO SALES-owned content received through this Website may
be downloaded, displayed, and printed for your personal, non-commercial use
only. Content owned by RUDY'S AUTO SALES licensors may be subject to
additional restrictions. You agree not to reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast or circulate the content received
through this Website to anyone, including but not limited to others in the
same company or organization without RUDY'S AUTO SALES's express prior
written consent.
LIABILITY DISCLAIMER
ALL CONTENT PROVIDED ON THIS WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY AND
DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN
RUDY'S AUTO SALES AND YOU. WITHOUT LIMITING THE FOREGOING, THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE
INFORMATION HEREIN. RUDY'S AUTO SALES AND/OR ITS RESPECTIVE SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. RUDY'S AUTO
SALES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON
THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. RUDY'S AUTO
SALES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
RUDY'S AUTO SALES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR
INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE
USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF RUDY'S AUTO SALES OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you warrant to RUDY'S AUTO SALES
that you will not use this Website for any purpose that is unlawful or
prohibited by these terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
This Website may contain hyperlinks to Websites operated by parties other
than RUDY'S AUTO SALES. Such hyperlinks are provided for your reference
only. RUDY'S AUTO SALES does not control such Websites, and is not
responsible for their contents. RUDY'S AUTO SALES's inclusion of hyperlinks
to such Websites does not imply any endorsement of the material on such
Websites.
MODIFICATION OF THESE TERMS AND
CONDITIONS
RUDY'S AUTO SALES reserves the right to change the
terms, conditions, and notices under which this Website is offered at any
time without notice.
GENERAL
This agreement is governed by the laws of the State of Indiana, USA. You
hereby consent to the exclusive jurisdiction and venue of courts in
Bartholomew
County, Indiana, USA in all disputes arising out of or relating to the
use of this Website. Use of this Website is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists between you
and RUDY'S AUTO SALES as a result of this agreement or use of this Website.
RUDY'S AUTO SALES's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in
derogation of RUDY'S AUTO SALES's right to comply with law enforcement
requests or requirements relating to your use of this Website or information
provided to or gathered by RUDY'S AUTO SALES with respect to such use. 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 this agreement shall continue in effect. This agreement
constitutes the entire agreement between the user and RUDY'S AUTO SALES with
respect to this Website and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between
the user and RUDY'S AUTO SALES with respect to this Web site. A printed
version of this agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
Any rights not expressly granted herein are reserved.
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