Terms of Service
Last updated: January 1, 2024
Please read these Terms of Service carefully before using Our Service.
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Service:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: California, United States
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Lancaster AutoMall, Motor Ln, Lancaster, CA 93534
- Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- Service refers to the Website.
- Terms of Service (also referred as “Terms”) mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service. This Terms of Service agreement has been created with the help of the Terms of Service Generator.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Lancaster AutoMall, accessible from https://lancasterautomall.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the Terms of Service and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms of Service, You can contact us at: [email protected]
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Personal Identification Information
Personal identifiers
As part of the vehicle research and purchase process, information such as e-mail, address, name, and contact telephone numbers will be requested. This information will be used solely as described here. When entering information on the Site, it is securely stored on the Site and a copy is automatically and securely transferred to the requested dealer’s lead management system (LMS). The dealer’s LMS system will automatically record the information and send it to an associate so that the inquiry may be answered promptly by a qualified representative. To view a list of our dealers, please visit the /dealers page. Please note that each dealer has their own privacy policy.
Internet or other similar network activity information
We use Google Analytics (GA) for aggregated, anonymized website traffic analysis. In order to track User’s session usage, Google adds a cookie (_ga) with a randomly-generated ClientID in your browser. This ID is anonymized and contains no identifiable information like email, phone number, name, etc. We also send Google Users Internet Protocol (IP) Address. This information is important to us for improving the user experience and determining site effectiveness. You can opt-out of GA tracking by installing the Google Analytics Opt-Out Browser Add-On.
Separately from Google Analytics, we may collect and store Users IP Address; this is used solely for technical operations of the Site and not utilized for marketing purposes.
Inferences
We may collect inferences indirectly from Users by observing actions on the Site. This information is used to improve the Site, customer experience, and ad experience (ie, targeted advertising).
Non-personal Identification Information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
How we protect your information
We use Secure Sockets Layer (SSL) encryption technology to protect Users personal information as they use the Site as well as any information provided on web forms, in addition to adopting appropriate data storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Cookies
We use cookies, pixels, and other technologies (collectively, “cookies”) on our website. Cookies help us to track what actions are taken on our website, allowing us to provide Users with a better website experience and relevant ads to their interests.
Cookies can be linked or store information Users have shared on our website. They are unique and help us link Users information to their device. This helps make the car shopping experience more productive.
Users can turn off cookies in their browser settings, but this may make certain aspects of the car shopping experience take longer or be less convenient.
Internet-Based Ads
Cookies also assist us in displaying interest-based advertising on websites outside of our own, including but not limited to Facebook, other social networks, and blogs. Interest-based ads can also be referred to as personalized, dynamic, or targeted ads.
These cookies help create a relevant ad based on how Users interacted on our websites, so that our advertising is more helpful to their car shopping needs.
Updating Advertising and Privacy Preferences
If you are receiving ads from networks in the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising, you can follow these links to opt-out of their personalized ads: optout.networkadvertising.org and optout.aboutads.info
When utilizing Facebook, if you prefer not to see our advertisements you can follow the steps outlined here to hide all future ads from your news feed: www.facebook.com/help/146952742043748 Find out more information on Facebook advertising here: www.facebook.com/help/516147308587266
Some information, like how you came to our site, is available through Google Analytics. You can learn more about how Google uses your information at www.google.com/intl/en/policies/privacy and you can opt-out of Google Analytics here if you choose to tools.google.com/dlpage/gaoptout
Do Not Track
As of the effective date of this Privacy Statement, there is no commonly accepted standard for Do Not Track (DNT) signals initiated by browsers, therefore we do not respond to them.
Collection and Use of Information from Children
The Site is not intended for children. We do not knowingly collect personal information from children, and none of our services are designed to attract children. In the event that we learn that a person under the age of 13 has provided personal information to us, we will delete such personal information as soon as possible.
Notice to European Residents
This site is intended for use solely within the United States (including its territories and commonwealths) by residents of the United States. We make no claims that the site is appropriate for use outside of the United States. We do not knowingly collect or solicit personal information from residents of the European Union. If you believe that we may have any information from or about an EU resident, please contact us by email at [email protected]. No information should be submitted to or posted by any EU resident.
Changes to this privacy policy
Lancaster Auto Mall has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.