Effective: 1/1/2020
Your use of Hendrick Automotive Group’s, Hendrick Autoguard's, Hendrick Motorsports', or their respective affiliates’, including HMS Holdings, LLC (collectively, “Hendrick”) websites and other Digital Services (as defined in the Privacy Policy https://www.hendrickprivacy.com/, collectively, “Content”) is subject to these Terms of Use, and by so using you agree that you have read, understand and will comply with them as a condition to your access or use of the Content.
The Content is designed to be as comprehensive and factual as possible. Hendrick reserves the right, however, to make changes at any time, without notice, in any Content (e.g., prices, colors, materials, equipment, specifications, models and availability), and all specifications, pricing, and availability must be confirmed in writing directly with Hendrick. New vehicle pricing may already include applicable manufacturer incentives which may expire at any time and are subject to incentive qualification criteria and requirements, and which may be contingent upon manufacturer finance company approval. Manufacturer incentive data and vehicle features are provided by third parties and believed to be accurate as of the time of publication. Rebates and other incentives provided by vehicle manufacturers or their respective captive financing companies are subject to the terms specified by such entity (e.g., the particular vehicle or trim/model eligible for the incentive, timeframe of the offer and limitations on quantities and/or combinations with other offers). Please always contact the applicable Hendrick dealership for details on available incentives. Quoted prices are subject to change without notice to correct errors or omissions. Fuel efficiency data is based on applicable EPA mileage ratings for comparison use only; actual mileage varies due to driving habits, maintenance, driving conditions, battery pack age/condition (hybrid models only) and other factors. HENDRICK MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT FOR ANY PURPOSE WHATSOEVER. ALL CONTENT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. HENDRICK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. HENDRICK WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE CONTENT, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED THEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All Content, unless otherwise stated, is owned solely and exclusively by Hendrick and is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use Content, Hendrick has not granted you a license of any kind to use Content for any other purpose (including, but not limited to, commercial purposes) without the express prior written consent of Hendrick; however, vehicle information and the online credit application may be printed for your non-commercial, personal use only. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any Content. You may not use any meta tags or any other “hidden text” utilizing Hendrick’s name or trademarks. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy Content is strictly prohibited.
In the event you violate or attempt to violate any part of these Terms of Use, Hendrick reserves the right to terminate your access to Content immediately, at our sole discretion, with or without notice of any kind. Hendrick also reserves the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving Content.
You shall indemnify, defend, and hold harmless Hendrick from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys’ fees), relating to your use of the Content that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.
In the event any part of these Terms of Use is found to be unenforceable, the remainder shall continue in full force and effect. These Terms of Use and Privacy Policy [INSERT LINK] represent the entire agreement governing your use of Content.
Any and all rights not expressly granted to you in these Terms of Use are hereby reserved by Hendrick. The Content is intended for use only by citizens of the United States of America (excluding unincorporated territories, Puerto Rico and Guam), eighteen (18) years of age or older, who have the capacity to enter into a valid contract; by accessing the Content, you represent and affirm that you meet these requirements. Hendrick reserves the right to amend any part of these Terms of Use and the Content at any time without notice and without incurring any obligation unless prohibited by applicable law. Hendrick will provide to you all notices as required by law in the event of such change. Hendrick encourages you to periodically review these Terms of Use for updates.
In compliance with the Children’s Online Privacy Protection Act, Hendrick does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If Hendrick determines that a user is under eighteen (18) years of age and has submitted information by way of our websites or Digital Services without parental or legal guardian’s consent, Hendrick will promptly delete such information.
Hendrick does not support or condone human trafficking or slavery. Hendrick, however, believes that vehicle manufacturers are in the best position to audit their respective supply chains to address this important issue, and Hendrick has been assured by said manufacturer representatives that they have such controls in place. The following disclosures are made pursuant to the California Supply Chain Transparency Act (the “Act”). The Act’s disclosure requirements and Hendrick’s responses are set forth below.
Whether, and to what extent, Hendrick:Any disputes or claims not subject to the arbitration provision below will be resolved pursuant to the laws of the State of North Carolina, without regard to its conflict of laws rules. By accessing or using Content you expressly agree and irrevocably submit to personal jurisdiction and exclusive venue in the state and federal courts located in Charlotte, North Carolina. In the event of a conflict between any of the provisions below and any other arbitration agreement between you and Hendrick, such as an arbitration agreement contained in a retail installment sale contract, lease agreement, or repair estimate, the terms of such other arbitration agreement shall govern and prevail in each instance.
If any dispute arises between you and Hendrick related to these Terms of Use (including without limitation the interpretation and scope of this arbitration provision (except as provided below) and the ability to arbitrate a claim or dispute) or Content, then BOTH PARTIES SHALL FIRST USE GOOD FAITH AND REASONABLE EFFORTS TO RESOLVE THE DISPUTE THROUGH MANDATORY MEDIATION using a certified mediator at Hendrick’s expense. If the parties cannot agree on the mediator, one will be selected by the American Arbitration Association. IF ANY DISPUTE IS NOT RESOLVED THROUGH SUCH MEDIATION, THEN YOU OR HENDRICK MAY ELECT TO HAVE SUCH DISPUTE DECIDED BY MANDATORY, BINDING ARBITRATION INSTEAD OF THROUGH LITIGATION (I.E., NO BENCH OR JURY TRIAL). You hereby WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER on any class claim you may have against Hendrick, including without limitation any right to class arbitration or consolidation of individual arbitrations. MATERIAL RIGHTS, INCLUDING WITHOUT LIMITATION DISCOVERY AND APPEAL RIGHTS, ARE MATERIALLY MORE LIMITED IN ARBITRATION THAN IN TRIALS.
Arbitrations hereunder will be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and not by any state law concerning arbitration, including without limitation whether a claim is subject to arbitration. If Federal law provides that a claim or dispute is not subject to binding arbitration, then this arbitration provision will not apply to such claim or dispute. The rules of the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 will apply, which rules are available www.adr.org. You and Hendrick shall use the services of the American Arbitration Association. If the chosen arbitration or organization’s rules conflict with these Terms of Use then these Terms of Use control. The arbitration hearing will be conducted in the Federal district in which you reside. The arbitrator must be an attorney or retired judge selected pursuant to the designated rules, and whom shall apply governing substantive law in making an award. Hendrick shall advance your filing administration service or case management fees and customer’s arbitrator hearing fee all up to a maximum of $4,000, unless the applicable rules require more, which may be reimbursed by decision of the arbitrator at the arbitrator’s discretion. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. The arbitrator’s award will be final and binding on all parties, except that in the event the arbitrator’s award for a party is $0, or against a party is in excess of $100,000, or includes an award of injunctive relief against a party that party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel. The appealing party requesting new arbitration shall pay the filing fee and other arbitration costs subject to a final determination by the arbitrators of a fair apportionment of costs. Any court having jurisdiction may enter judgment on the arbitrator’s award. Either you or Hendrick may seek remedies in small claims court for disputes or claims within that court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor Hendrick waive the right to arbitrate by using self-help remedies, such as repossession, or by filing an action to revoke the vehicle, to recover a deficiency balance, or for individual injunctive relief. If any part of this arbitration provision, other than waivers of class action rights, is unenforceable for any reason, the remainder remains enforceable. If a waiver of class action rights is unenforceable for any reason in a case in which class action allegations have been made, then the remainder of this arbitration provision will be unenforceable. Notwithstanding any other provision of this arbitration provision, the validity and scope of the waiver of class action rights is to be decided by the court and not by the arbitrator.
For more information, contact Hendrick Automotive Group,
Attn: Transaction Compliance, 6000 Monroe Road, Charlotte, NC 28212, 704-568-5550, or
compliance@hendrickauto.com.