Terms of Use

These Terms of Use (“Terms of Use” or “Agreement”) apply to the websites (the “Websites”) owned by JM Family Enterprises, Inc. (“JMFE”): www.jmfamily.com and go.jmfamily.com (the “Websites”). By using the Websites, you agree to these Terms of Use, as may be amended from time to time. If you do not agree to these Terms of Use, you should immediately stop using the Websites.

Your Right to Access and Use the Websites

The right to access and use the Websites 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 Websites for lawful purposes and pursuant to the terms and conditions of this Agreement. The Websites are not intended for persons under the age of eighteen (18). You must be eighteen (18) years of age or older to apply for employment with JMFE or any of its affiliates.

By accessing and using the Websites (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 the Websites shall not be permitted. Any such action, or any other conduct that JMFE determines in its sole discretion to be unacceptable may result in your loss of the right to access and use the Websites.

Intellectual Property Rights

Images or videos of people or places displayed on the Websites are either the property of, or used with the permission of JMFE. The use of these images or videos by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on the Websites. Any unauthorized use of the images 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 the Websites, including, without limitation, “JM Family Enterprises, Inc.,” “JM&A Group,” “JM Lexus,” “Southeast Toyota Distributors, LLC,” “Southeast Toyota Finance,” “World Omni Financial Corp.,” “Home Franchise Concepts, LLC,” and their respective logos are owned by JMFE or a third party. Nothing contained on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Websites without the written permission of JMFE or such third-party owners of the Trademarks. Any use of third-party Trademarks on the Websites is done either by permission of the Trademarks’ owners or is 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 the Websites, or any other content on the Websites is strictly prohibited. JMFE reserves the right to enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

The data and content contained on or downloaded from the Websites (collectively, the “Content”) are copyrighted by JMFE or third parties. JMFE also owns a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content.

Subject to your compliance with this agreement, you may access, view, download, or print a single copy of the Content for your personal, non-commercial use; provided, however, that you shall not delete any proprietary notices or materials on the Content.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or 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 of the Trademarks or the Content that is contrary to the terms and conditions of this Agreement.

License Grant

If you make any submission to or communications on the Websites, you automatically grant, or warrant that you and/or the owner of such content has expressly granted to JMFE, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content material in any media or medium, or any form, format or forum now known or hereafter developed. JMFE may sublicense its rights through multiple tiers of sublicenses. 

Limitations on JMFE’s 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: 

(i) YOUR ACCESS AND USE OF THE WEBSITES;

(ii) YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL, NON-COMMERCIAL USE;

(iii) YOUR DOWNLOADING OF ANY CONTENT AS MAY BE PERMITTED BY JMFE’S PRIOR WRITTEN PERMISSION REGARDING THE SAME; OR

(iv) YOUR RELIANCE ON OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED OR ADVERTISED ON THE WEBSITES.

Indemnification

You shall defend, indemnify and hold harmless JMFE, its subsidiaries and other affiliates, 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 Websites.

Links to External Websites

The Websites may contain links to other websites. JMFE is not responsible for the availability of these external websites nor does JMFE endorse the activities or services provided by these websites. Under no circumstances shall JMFE be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites. 

Privacy

JMFE respects your privacy. The collection and use of your information in connection with the Websites is governed by our Privacy Statement, which is incorporated into this Agreement by reference. 

Third Party Rights

This Agreement is for the benefit of JMFE, its subsidiaries, other 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. No other third-party rights are provided under these Terms of Use.

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 the Websites.

You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access to and use of the Websites following the posting of any such changes shall 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, or to a decree for specific performance of the provisions of this Agreement.

Disputes

Any action or proceeding arising out of or relating to these Terms of Use or your use of the Websites 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 courts and waive any objection to the setting of the venue of any such action or proceeding in such courts. You agree that service of any court paper may be effected 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 by 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.

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 THE WEBSITES OR ANY CONTENT AVAILABLE FOR DOWNLOADING FROM THE WEBSITES IS FREE OF DEFECTS OR MALWARE. YOU AGREE THAT ACCESSING THE WEBSITES OR DOWNLOADING CONTENT IS AT YOUR OWN RISK.

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 WEBSITES.

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