Please read these Terms carefully
2. General Provisions and Acceptable Use Policy
By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms and all applicable rules and regulations, including the local, state, national, and international laws, that apply to your jurisdiction. You are not permitted to access or use this Site if you do not unconditionally agree to be legally bound by these Terms. You warrant that you have full authority and capacity, legal and otherwise, to use the information, materials, or services obtained through the Site.
We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time to any of the content and information contained on the Site, without notice or obligation to you. By entering the Site, you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.
Acceptable Use Policy
By using this Site, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the World, in any media, now known or hereafter devised, on or through the Site. We reserve the right to investigate your use of the Site and to take any appropriate action against you that we determine is necessary in our sole discretion if you violate these Terms, or otherwise create liability or damage for use, other Site visitors, or any other third party. The following is a partial list of the kinds of activities that are prohibited on or through the Site:
1. Submitting any material or engaging in activity that is unlawful, untrue, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, harmful to minors or otherwise objectionable or inappropriate;
2. Submitting any material or engaging in activity that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, foreign, national or international law;
3. Submitting any material or engaging in activity that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (including rights of privacy and publicity) or unlawfully publishing or misusing private or personally identifiable information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
4. Submitting any material or engaging in activity that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Engaging in activity that involves unsolicited promotions, political campaigning, advertising or solicitations or the transmission of "junk mail" or unsolicited mass mailing or "spam" to Off Lease Only users or others;
6. Engaging in activity that creates or facilitates viruses, corrupted data or other harmful, disruptive or destructive files;
7. Interfering with or disrupting the Site or our computer systems, servers, or networks;
8. Attempting to gain unauthorized access to any part of the Site, to accounts that belong to other users, or to computer systems or networks connected to the Site;
9. Engaging in any systematic extraction of data or data fields, including, without limitation, email addresses or inventory information, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise; or
10. Submitting any material or engaging in activity that, in the sole judgment of Off Lease Only, contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Off Lease Only or its affiliates or its users to any harm or liability of any type.
3. Jurisdiction and Governing Law
The Site (excluding links to third-party sites) is owned and controlled by Off Lease Only from its offices in and around Palm Springs, Florida. Because this Site is published on the World Wide Web it is accessible in all fifty states of the United States, Canada and in other countries. Each of these places has laws that may differ from those of Florida and from each other. You and Off Lease Only both benefit from establishing a predictable legal environment in which to access and use this Site. Therefore, by accessing, and/or using the Site, you and Off Lease Only explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be governed by the laws of the State of Florida, without regard to its conflicts of law principles. You agree that all claims you may have against Off Lease Only arising from or relating to the operation or use of this Site will be heard and resolved according to the Section below captioned "Dispute Resolution." Off Lease Only makes no representations that the information and materials contained within this Site are appropriate for locations outside the United States. By entering this Site, you acknowledge and agree that it is your responsibility to ensure that your use of the Site complies with all local, national and international laws that may apply. If you are not a member of the intended audience, you are prohibited from accessing the Site or providing any personal information to Off Lease Only through the Site. In addition, United States import and export laws, control laws and the import regulations of other countries may apply to the use of the Site. You agree not to export, upload, post, or transfer, directly or indirectly and software, technical data or technology acquired through us, the Site, or the services we provide in violation of such export or import laws, including, but not limited to the United States Export Administration Regulation (EAR) and the various United States sanctions programs.
4. Disclaimers & Limitation of Liability
This Site, and all information and materials contained herein, is provided to you on an "AS IS" and "AS AVAILABLE" basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Although Off Lease Only and all parties involved in creating, producing, or delivering this Site make all reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THIS SITE. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays or errors in the transmission or delivery of any information, materials, or services through the Site. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.
5. Off Lease Only's Intellectual Property
Off Lease Only will aggressively enforce its intellectual property rights to the full extent of the law. The "Off Lease Only" name and logo are trademarks of Off Lease Only LLC. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall "look and feel" and distinctiveness of the Site constitute trade dress and are either the property of Off Lease
Only or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.
You acknowledge and agree that information, and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by Off Lease Only. Except as expressly authorized by Off Lease Only, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site, information, or services. Without waiving any of the foregoing rights, you may print or download information from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Off Lease Only is prohibited.
As part of Services, you may be required to provide Off Lease Only with a copy or image of your driver's license. By providing Off Lease Only with a copy or image of your driver's license, you agree that Off Lease Only may scan the license and use and retain the information contained therein in a manner permitted by applicable law.
6. Digital Millennium Copyright Act Notice
If you believe that any material on this Site infringes your copyright rights, please contact Off Lease Only's designated agent for Digital Millennium Copyright Act notices at:
Off Lease Only LLC
Attn: Legal Department/DMCA
1200 S Congress Ave.
Palm Springs, Florida 33406
Email address: email@example.com
Phone number: (561) 222-2277
In your notice, please include:
• Your physical or electronic signature;
• Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
• Identification of the material that you claim to be infringing, and where the material is located on the Site;
• Your address, telephone number, and email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
• A statement, under penalty of perjury, that the information in your notice is accurate.
If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.
7. Limitation of Liability
8. Dispute Resolution
Any controversy, claim or dispute arising out of or related to these Terms, the Site, and your relationship with Off Lease Only, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the dispute or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by the American Arbitration Association, in accordance with its rules for the resolution of consumer disputes ("AAA Rules") and applying Florida law. You waive any right to bring your dispute or claim in court except as permitted by the AAA Rules. Arbitration fees will be allocated in accordance with the AAA Rules. All proceedings brought pursuant to this section will be conducted in Broward County, Florida before a single arbitrator. Arbitrations may be conducted on the basis of papers only if both parties agree. You further agree that, to the fullest extent permitted by applicable law, (i) any and all claims, judgments, and awards shall be limited to direct damages, and in no event will you be entitled to receive attorneys' fees or other legal costs; and (ii) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental, special, or consequential damages, and any other damages, and any and all rights to have damages multiplied or otherwise increased.
BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW EXCEPT IN ACCORDANCE WITH THE AAA RULES. Any court proceedings related to these Terms, the Site, and your relationship with Off Lease Only, including any court proceedings permitted by the AAA Rules, will be brought in the state or federal courts of Broward County, Florida and each party consents to the jurisdiction of such courts. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.
You agree to defend, indemnify, and hold Off Lease Only, our affiliates, subsidiaries, joint ventures, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to your violation of these Terms or use of the Site.
10. Product, Services, and Financing Information
This Site provides information, including, but not limited to, specific product pricing, product specifications, used car values, extended service agreements, financial calculators, current financing offers, and basic company information for informational purposes only and nothing contained herein constitutes financial advice or an offer to sell, finance, or lease a specific product or service to you unless otherwise expressly acknowledged and apparent from the particular content.
Prices listed on this Site exclude tax, title, registration, temporary tag, service charge, and other fees. See vehicle listing for additional details.
See the individual vehicle listing for additional information.
Finance or lease options are offered by third-party lenders only on approved credit and may not be available in all areas of the United States.
Rates and requirements vary based on each lender's underwriting guidelines. Although we may assist you in locating financing through third-party lenders, including by offering an online pre-qualification application, we are not the lender and do not make financing offers.
This Site shall not be used or relied upon by you as a substitute for information that is available to you from an Off Lease Only representative.
Photo/Video Submissions. Some areas on this Site allow you to submit personal photos or videos. You understand that not all types of photos are appropriate for use and all photos and videos submitted are subject to review and removal. The following is a list of general restrictions:
• Photos/videos cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
• Photos/videos cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Photos/videos cannot be obscene, offensive, or endorse any form of hate or hate group;
• Photos/videos cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind other than as approved by us, or contain any personal identification, such as license plate numbers, full personal names, e-mail addresses or street addresses;
• Photos/videos cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
• Photos/videos cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; and
• Photos/videos cannot depict a violation, and cannot themselves, be in violation of any law.
By submitting a photo/video, you acknowledge that your photo/video may be posted on this Site, at our discretion. We reserve the right to, and may or may not, monitor/screen photos/videos prior to posting them to the Site. By submitting a photo/video, you acknowledge that we have no obligation to use or post any photo/video you submit.
By submitting a photo/video you warrant and represent that: (a) it is your original work and accurately reflects your experience with our product and that depictions are known to be true and are based upon your use of our product; (b) it has not been previously published; (c) it has not received previous awards; (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) you have obtained permission from a person whose name, likeness or voice is used in the photo/video (if any); (f) that publication of the photo/video via various media, including Web posting, will not infringe on any third party rights; and (g) you will indemnify and hold harmless both us and any parties involved in creating, producing, or delivering the photo/video submission from any claims to the contrary.
By making a submission, you agree that your submission is gratuitous, made without restriction, will not place us under any obligation, and that we are free to disclose or otherwise disclose the ideas contained in the submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.
You understand that your submission grants us and our agents an unlimited worldwide perpetual license and right to publish and use the submission in any way, in any and all media, without limitation, and without consideration to you. You acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
12. Consent for Telephonic Communications
IF YOU PROVIDE YOUR PHONE NUMBER TO US, YOU GIVE YOUR ELECTRONIC SIGNATURE AND CONSENT TO RECEIVE CALLS AND TEXT MESSAGES FROM US WITH INFORMATION AND OFFERS, INCLUDING COMMUNICATIONS SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR INCLUDING PRERECORDED MESSAGES. YOU ACKNOWLEDGE THAT YOUR CONSENT IS NOT A REQUIREMENT OF PURCHASE. STANDARD MESSAGE AND DATA RATES MAY APPLY.
You must be at least 16 years old to use the Site.
14. Privacy & Security
15. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following information: The provider of the Site is Off Lease Only. To file a complaint regarding the Site or to receive further information about the Site, please contact us at the contact information below. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
16. Third-Party Links and Services
We reserve the right not to provide the Site or our services to any user. We also reserve the right to terminate any user's right to access the Site or our services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and our services automatically terminates.
18. Other Provisions
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
If any provision or part thereof of these Terms is found to be unlawful, void, or unenforceable, then that provision or part thereof will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
Our failure to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law. You may not assign your rights and obligations under these Terms without our written consent.
Off Lease Only LLC
Attn: Legal Department
1200 S Congress Ave.
Palm Springs, Florida 33406
Email address: firstname.lastname@example.org
Phone number: (561) 222-2277
Last Updated: May 16, 2022
Date Summary of Change