Terms of Use
Last Updated: 02/28/2024
Applicability
The following terms and conditions apply to all websites that are owned, operated, and maintained by or for Scholfield Honda (“we,” “us,” “our”) including (1) scholfieldhonda.com and other websites owned by us on which these terms and conditions are linked; (2) our mobile application(s); and (3) the social media accounts and/or pages that we control. Our websites and social media accounts are collectively referred to in these terms and conditions as the “Site.”
Notwithstanding the foregoing, if you are our client and enter into a separate agreement with us for specific services, such agreement will govern your relationship with us as to the subject matter thereof.
General Provisions
THESE TERMS AND CONDITIONS TOGETHER WITH OUR PRIVACY POLICY AND ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (COLLECTIVELY, “TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.
By entering the Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use the Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully.
We may, in our sole discretion, modify these Terms from time to time and reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on the Site. By entering the Site or continuing your relationship with us after such revisions, you acknowledge and agree that you shall be bound by any such revisions. You should periodically visit this page of the Site to review these Terms.
User Guidelines
You agree that you will use the Site in compliance with all applicable laws and regulations. You agree that you will not use the Site to (i) defraud, harm, or impersonate another person; (ii) transmit communications that defame, abuse, harass, stalk, threaten, or otherwise violate the rights of any other person; (iii) transmit material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, or discriminatory; (iv) commit fraud, engage in criminal activity, or interfere with the use of the Site by others; or (v) reproduce, decompile, reverse engineer, or otherwise engage in any activity with the intent or effect of recreating or transferring to yourself or any third-party all or a portion of the Site. We reserve the right, but are under no obligation, to review your use of the Site for compliance with these user guidelines.
Intended Audience
The Site and all the information, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips, video clips and written and other materials on or part of the Site (“Content”) is intended for lawful use only by users who are 18 years of age or older. If you are not a member of the intended audience, you are prohibited from accessing the Site. By accessing or using the Site, you represent and warrant that you are 18 years of age or older and that you are the person you claim to be in your interactions with us and the Site.
General Product and Services Information
The Site provides general information about our products and services. The Site shall not be used or relied upon by you as a substitute for information that is available to you from an authorized Scholfield Honda salesperson. While we strive to ensure accurate and up-to-date Content, we do not guarantee the accuracy or reliability of any Content, including product and services information, available on the Site.
Our Intellectual Property
The Site and Content are owned, controlled or licensed by us and are protected by U.S. and/or international trademark and copyright laws. The absence 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. Software used as part of the Site is our property or our suppliers’ property and is protected by U.S. and international copyright laws. No license, right, title, or interest in the Site and Content is transferred to you as a result of your use of the Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site, or any related software.
Feedback
We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions, but you grant us a non-exclusive, royalty-free, perpetual, and irrevocable right to use your feedback for any purpose, including but not limited to, incorporation into our Site, without any acknowledgment or compensation to you.
Mobile Application
If you use our mobile application, you acknowledge that these Terms of Use are between you and us only, and neither Apple nor Google is a party to these Terms of Use.
Text Message Program
If you provide your consent to participate in our text message program, you also agree to our Text Message Terms & Conditions, which are incorporated herein by reference.
Digital Millennium Copyright Act Notice
If you believe that any material on the Site infringes upon your copyright, please contact our designated agent for Digital Millennium Copyright Act notices at:
Scholfield Honda
Attn: DMCA Agent
7017 E Kellogg Dr, Wichita, KS 67207
Email address: support@scholfieldhonda.com
Disclaimer of Warranties
The Site, and all information and materials contained herein, are provided to you on an “AS IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. We make reasonable efforts to ensure that material on the Site is correct, accuracy cannot be guaranteed, and we make no warranties or representations as to its accuracy. 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 THE SITE. We expressly disclaim any warranties with respect to any downtime, delays, or errors in the transmission or delivery of any information, materials, or services through the Site.
Limitation of Liability
IN NO EVENT SHALL SCHOLFIELD HONDA OR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST DATA, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SCHOLFIELD HONDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SCHOLFIELD HONDA OR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
Dispute Resolution
Any disputes arising out of or related to these Terms or the Site shall be resolved in accordance with the laws of the State of Kansas, without regard to its conflict of law rules. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Kansas.
Governing Law
These Terms and your use of the Site are governed by the laws of the State of Kansas, without regard to its choice of law provisions. The courts of general jurisdiction located within Sedgwick County, Kansas, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and/or the Site or in which these Terms and/or the Site are a material fact.
Indemnification
You agree to indemnify, defend, and hold harmless Scholfield Honda, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Force Majeure
Scholfield Honda shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Scholfield Honda’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Sweepstakes
From time to time, Scholfield Honda may conduct promotions, including, but not limited to, sweepstakes or contests. Participation in such promotions is subject to additional terms and conditions that will be made available at the time of the promotion.
Careers
If you submit an application for employment with Scholfield Honda through the Site, you acknowledge that your submission does not constitute an offer for employment or an employment contract.
Privacy & Security
Our commitment to your privacy is described in our Privacy Policy, which is part of these Terms. Please read our Privacy Policy to understand how we collect, use and share information about you.
Links to Other Sites
The Site may contain links to third-party sites that are not under the control of Scholfield Honda. Scholfield Honda is not responsible for any content on any linked site. If you access a third-party site from the Site, then you do so at your own risk. Scholfield Honda provides these links only as a convenience and the inclusion of the link does not imply that Scholfield Honda endorses or accepts any responsibility for the content on those third-party sites.
Miscellaneous
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Questions and Comments
We welcome comments, questions, concerns, or suggestions. Please send us feedback pertaining to the Site to support@scholfieldhonda.com.