Visitor Agreement

Welcome to CoxAutoInc.com (the “Site”). By using this Site, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and Cox Automotive; please read it carefully.

Cox Automotive respects your privacy. Please take a moment to review our privacy statement.

We may change the terms of this agreement from time to time. By continuing to use the Site after we post any such changes, you accept this agreement, as modified.

The material that appears on this Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on our Site, you should confirm any facts that are important to your decision.

Our Site is made available for your personal, non‐commercial use only. The materials on this Site are the property of Cox Automotive, Inc., or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this Site. You may display and occasionally print a single copy of any page on the Site for your personal, non‐commercial use, but you may not otherwise reproduce any material appearing on this Site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this Site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on this Site should be sent to our Customer Service Manager, Cox Automotive, 3003 Summit Blvd, Suite 200, Atlanta, Georgia 30319.

You are free to establish a link to this Site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Cox Automotive, Inc., or any of its affiliates. However, without the prior written permission of Cox Automotive, Inc., you may not frame any of the content of this Site, nor incorporate into another website or other service any intellectual property of Cox Automotive, Inc., or its licensors.

The names of other products and services referred to on the Site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark. All contents of this Site are: Copyright 2014 Cox Automotive, Inc. and/or its licensors. All rights reserved.

DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER

 

  1. ARBITRATION AGREEMENT. YOU AND COX AUTOMOTIVE, INC. AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE VISITOR AGREEMENT, THIS SITE, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION INSTEAD OF LITIGATION IN COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
  2. CLASS ACTION WAIVER: YOU AND COX AUTOMOTIVE, INC. AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor Cox Automotive, Inc. may participate in a class or representative action in court as a class member if the claims asserted in the arbitration would fall within the scope of this arbitration agreement if asserted directly by you or Cox Automotive, Inc. To be clear, you and Cox Automotive, Inc. both waive any right to participate in any class action involving disputes between us.This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in Section X of the Visitor Agreement will remain in full force and effect.
  1. ARBITRATOR AUTHORITY: The arbitrator’s authority is governed by this arbitration agreement. You and COX AUTOTMOTIVE, INC. agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by the Visitor Agreement (including the limitations of liability set forth in Section XI), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with COX AUTOTMOTIVE, INC. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
  2. ARBITRATION PROCEDURES: You and COX AUTOTMOTIVE, INC. agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the Claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim is for more than $75,000, then the Commercial Rules will apply. If there is a conflict between the AAA Rules and this arbitration agreement, then this arbitration agreement shall control. For claims less than $75,000, COX AUTOTMOTIVE, INC. will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. The arbitration will be held in a mutually agreeable and convenient location.
  3. SURVIVAL: This arbitration agreement survives the termination of this Visitor Agreement between you and COX AUTOTMOTIVE, INC.

JURY TRIAL WAIVER.

You and COX AUTOTMOTIVE, INC. expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section IX is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.

 

Disclaimer of Warranties, Limitation of Liability, and Indemnification

  1. IF YOU RELY ON THIS SITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS SITE. THIS SITE IS PROVIDED TO YOU “AS IS.” COX AUTOTMOTIVE, INC. AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE. NOR DO WE OR THEY GUARANTEE THAT THIS SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COX AUTOTMOTIVE, INC. AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE SITE BY YOU OR ANY THIRD PARTY.
  2. UNDER NO CIRCUMSTANCES WILL COX AUTOTMOTIVE, INC. OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS SITE INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF COX AUTOTMOTIVE, INC. AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE SITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THE SITE.
  3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
  4. YOU AGREE TO INDEMNIFY COX AUTOTMOTIVE, INC. AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THIS VISITOR AGREEMENT.

 

MISCELLANEOUS

This visitor agreement has been made in and shall be construed in accordance with the laws of the State of Georgia. By using this Site, you consent to the exclusive jurisdiction of the state and federal courts in Fulton County, Georgia, in all disputes arising out of or relating to this agreement or this site. We hope you enjoy using this Site, and we welcome suggestions for improvements.