AGREEMENT OF TERMS OF USE
This agreement of terms of use (this "Agreement") is made as of this day, by and between
JM Family Enterprises, Inc., its subsidiaries and affiliates (collectively, "JMFE") 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.jmfamily.com ("jmfamily.com").
Applicability of Agreement
This Agreement is intended to apply to JMFE, and the website www.jmfamily.com ("jmfamily.com").
Your Right to Access and Use jmfamily.com
The right to access and use jmfamily.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 jmfamily.com for lawful purposes
and pursuant to the terms and conditions of this Agreement.
By accessing and using jmfamily.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 JMFE, in its sole discretion, may make in the future.
Any action by you that, as determined by JMFE, in its sole discretion, restricts, inhibits or prevents
you or any other user from accessing, using or enjoying jmfamily.com shall not be permitted, and may result
in your loss of the right to access and use jmfamily.com.
Intellectual Property Rights
Images of vehicles, people or places displayed on jmfamily.com are either the property of,
or used with permission by, JMFE. 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 jmfamily.com. 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 jmfamily.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 JMFE 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 jmfamily.com
without the written permission of JMFE or such third party owners of the Trademarks. Any use of third
party Trademarks on jmfamily.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 JMFE any official status with any third party, unless
otherwise noted. Your misuse of the Trademarks displayed on jmfamily.com, or any other content on
jmfamily.com, except as provided in this Agreement, is strictly prohibited. You are also advised
JMFE 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 jmfamily.com (collectively, the "Content" )
are copyrighted by JMFE, 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 JMFE, 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 JMFE 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 JMFE intellectual
property, or any other harm incurred by JMFE 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. JMFE 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.
JMFE makes no representation, warranty or guarantee that any content available for downloading from
jmfamily.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
jmfamily.com.
Links to Third Party Sites
jmfamily.com may contain links to third party Internet websites ("Linked Sites").
The Linked Sites are not under the control of JMFE and JMFE 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. JMFE is not responsible for webcasting or any other form of transmission
received from any Linked Site, nor is JMFE responsible if the Linked Site is not working appropriately.
JMFE is providing these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by JMFE 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 jmfamily.com, and all costs and fees associated with Internet
access or long distance charges incurred with regard to your access and use of jmfamily.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@jmfamily.com. Termination or opting out of this Agreement by you shall result in your loss of
the right to access and use jmfamily.com.
JMFE may terminate this Agreement at any time, without prior notice, for any reason, or for no reason,
which JMFE shall have no obligation to disclose to you.
Limitations on JMFE’ Liability
jmfe 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 jmfamily.com;
- Your downloading of any content for your personal, non-commercial use;
-
Your downloading of any content as may be permitted by jmfe by jmfe's prior written permission
regarding the same; or
- Your reliance or use of content displayed, offered, promoted or advertised on jmfamily.com.
Indemnification
You shall defend, indemnify and hold harmless JMFE 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 jmfamily.com.
Third Party Rights
This Agreement is for the benefit of JMFE, 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
JMFE reserves the right to amend this Agreement at any time in its sole discretion and
without notice. 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 jmfamily.com
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 jmfamily.com following the posting of any
such changes shall automatically be deemed your acceptance of the same.
Remedies
You acknowledge that JMFE 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, JMFE 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.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by
JMFE from time to time, shall survive your acceptance of this Agreement.