made as of this day, by and between JM Family Enterprises, Inc.,
Southeast Toyota Distributors, LLC, World Omni Financial Corp.,
Jim Moran & Associates, Inc., Fidelity Warranty Services, Inc.,
and their subsidiaries and affiliates ("the Companies")
and you. This Agreement sets forth the terms and conditions that
apply to your access and use of the Internet website owned by the
Companies, located at the URL www.JMAGroup.com ("JMAGroup.com").
Applicability of Agreement
This Agreement is intended to apply to the Companies, and the website
Your Right to Access and Use JMAGroup.com
The right to access and use JMAGroup.com is personal to you or your
company and is not transferable by you to any other person or entity.
You are only entitled to access and use JMAGroup.com for lawful
purposes and pursuant to the terms and conditions of this Agreement.
By accessing and using JMAGroup.com (other than to read this Agreement),
you agree to comply with all of the terms and conditions of this
Agreement, including any changes or revisions to this Agreement,
which the Companies, in its sole discretion, may make in the future.
You acknowledge that important changes can be made to your account
through the Website and you agree to assign users and limit access
accordingly. You acknowledge that product rates shall be provided
through the Website and you agree to periodically check the Website
to verify current product rates. Any action by you that, as determined
by the Companies, in its sole discretion, restricts, inhibits or
prevents you or any other user from accessing, using or enjoying
JMAGroup.com shall not be permitted, and may result in your loss
of the right to access and use JMAGroup.com.
Intellectual Property Rights
Images of people or places displayed on JMAGroup.com are either
the property of, or used with permission by, the Companies. The
use of these images by you, or anyone else authorized by you, is
prohibited unless specifically permitted by this Agreement or specific
permission provided elsewhere on JMAGroup.com. Any unauthorized
use of the images may violate copyright laws, trademark laws, the
laws of privacy and publicity and communications regulations and
The trademarks, logos, and service marks (collectively the "Trademarks")
displayed on JMAGroup.com, including, without limitation, the names
"JM Family Enterprises, Inc.", Southeast Toyota Distributors,
LLC, World Omni Financial Corp., Jim Moran & Associates, Inc.,
Fidelity Warranty Services, Inc., SET, SETF, and any respective
logos are registered and unregistered Trademarks of the Companies
or their rightful owners. Nothing contained on the website should
be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any Trademark displayed on JMAGroup.com
without the written permission of the Companies or such third party
owners of the Trademarks. Any use of third party Trademarks on JMAGroup.com
is done either by permission of the Trademarks' owners, or as part
of a "News" story or feature and subject to the Fair Use
provisions of international, Federal, and State intellectual property
laws. No special association or relationship is intended by such
use, and its use should not be construed as granting the Companies
any official status with any third party, unless otherwise noted.
Your misuse of the Trademarks displayed on JMAGroup.com, or any
other content on JMAGroup.com, except as provided in this Agreement,
is strictly prohibited. You are also advised that the Companies
will aggressively enforce its intellectual property rights to the
fullest extent of the law, including the seeking of criminal prosecution.
The data and content contained on or downloaded from JMAGroup.com
(collectively, the "Content") are copyrighted by the Companies,
which also owns a copyright of a collective work in the selection,
coordination, arrangement and enhancement of the Content.
Without the prior written consent of the Companies, you may only
print, download or otherwise use the Content in the form of: (i)
one machine-readable copy and (ii) one print copy, for your personal,
non-commercial use; provided, however, that you shall not delete
any proprietary notices or materials with regard to the foregoing
manifestations of Content.
Except as otherwise permitted under the copyright laws of the United
States, no other copying, distribution, redistribution, transmission,
publication or use other than personal, non-commercial use of the
Content is permitted without the express prior written permission
of the Companies or their licensors.
You agree that printing, downloading or otherwise using the Content
in accordance with this Agreement does not entitle you to any ownership
or intellectual property rights in the Content.
You shall be solely responsible for any damage resulting from your
infringement of the Companies' intellectual property, or any other
harm incurred by the Companies as a direct or indirect result of
your copying, distributing, redistributing, transmitting, publication
or use for purposes other than personal, non-commercial use of the
Trademarks or the Content that is contrary to the terms and conditions
of this Agreement.
No Representations or Warranties Regarding Content
THE CONTENT IS BEING PROVIDED TO YOU ON AN "AS-IS" BASIS.
THE COMPANIES DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES,
EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS
OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY,
CONFORMITY OR FITNESS OR A PARTICULAR PURPOSE OF THE CONTENT.
THE COMPANIES MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT
ANY CONTENT AVAILABLE FOR DOWNLOADING FROM JMAGroup.com IS FREE
OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS,
BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR
COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE
PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE
WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA
OR PERSONAL INFORMATION.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY,
CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS,
SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON JMAGroup.com.
Links to Third Party Sites
JMAGroup.com may contain links to third party Internet websites
("Linked Sites"). The Linked Sites are not under the control
of the Companies and the Companies are not responsible for the contents
of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. The
Companies are not responsible for webcasting or any other form of
transmission received from any Linked Site, nor are the Companies
responsible if the Linked Site is not working appropriately. The
Companies are providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by the
Companies of the Linked Site or any association with its operators.
You are responsible for viewing and abiding by the privacy statements
Links Added to the Sites
JMAGroup.com may allow you to add links or execute programs from
within the websites ("Added Links"). Added Links are not
under the control of the Companies and the Companies are not responsible
for the contents, performance, or resulting operation of any Added
Links, including without limitation any link contained in Added
Links, or any changes or updates to Added Links. The Companies are
providing this option to you only as a convenience, and the inclusion
of any link does not imply endorsement by the Companies of the Added
Links or any association with it operations. Added Links could produce
unfavorable results, including but not limited to, damage to equipment
and or data. You are solely responsible for any results that might
occur from adding Added Links and you hereby agree to indemnify
the Companies from any and all action that might occurred from using
Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed to access and use JMAGroup.com,
and all costs and fees associated with Internet access or long distance
charges incurred with regard to your access and use of JMAGroup.com.
Termination of this Agreement
You may terminate or opt out of this Agreement at any time by contacting
JM&A Group at 800/553-7146. Termination or opting out of this
Agreement by you shall result in your loss of the right to access
and use JMAGroup.com.
The Companies may terminate this Agreement at any time, without
prior notice, for any reason, or for no reason, which the Companies
shall have no obligation to disclose to you.
Limitations on the Companies' Liability
The Companies shall in no event be responsible or liable to you
or any third party, whether in contract, warranty, tort (including
negligence) or otherwise for any special, incidental, indirect or
consequential damages, including, but not limited to, damages for
any loss of profit, revenue or business, as a result of:
(i) your access and use of JMAGroup.com;
(ii) your downloading of any Content for your personal, non-commercial
(iii) your downloading of any Content as may be permitted by
the Companies' prior written permission regarding the same;
(iv) your reliance or use of Content displayed, offered, promoted
or advertised on JMAGroup.com; or
(v) your use of links either supplied by the Companies or added
You shall defend, indemnify and hold harmless the Companies and
each of its respective officers, directors, shareholders, employees,
independent contractors, agents, and representatives from and against
all claims and expenses, including attorneys' fees, arising out
of, or attributable to: (i) any breach or violation of this Agreement
by you; and (ii) any access or use of JMAGroup.com.
Third Party Rights
This Agreement is for the benefit of the Companies and third party
licensors, each of which shall have the right to enforce and assert
the terms and conditions of this Agreement directly against you
on their behalf.
The Companies reserves the right to amend this Agreement at any
time in its sole discretion and without notice. Changes, revisions
or deletions with regard to this Agreement shall be effective immediately
upon their inclusion in, or deletion from, this Agreement and the
posting of the same in this Agreement on JMAGroup.com.
You are encouraged to revisit this Agreement from time to time
in order to review any changes that have been made. Your continued
access and use of JMAGroup.com following the posting of any such
changes shall automatically be deemed your acceptance of the same.
You acknowledge that the Companies may be irreparably damaged if
this Agreement is not specifically enforced, and damages at law
would be an inadequate remedy. Therefore, in the event of a breach
or threatened breach of any provision of this Agreement by you,
the Companies shall be entitled, in addition to all rights and remedies,
to an injunction restraining such breach or threatened breach, without
being required to show any actual damage or to post an injunction
bond, and/or to a decree for specific performance of the provisions
of this Agreement.
For purposes of this Section, you agree that any action or proceeding
with regard to such injunction restraining such breach or threatened
breach shall be brought in the courts of record of Broward County,
Florida, or the United States District Court, Southern District
of Florida. You consent to the jurisdiction of such court and waive
any objection to the setting of the venue of any such action or
proceeding in such court. You agree that service of any court paper
may be effected on such party by mail or in such other manner as
may be provided under applicable laws, rules of procedure or local
This Agreement is to be governed and construed in accordance with
the internal laws of the State of Florida, without regard for principles
of conflicts of laws.
If any portion of this Agreement is deemed unlawful, void or unenforceable
by any court of competent jurisdiction, this Agreement as a whole
shall not be deemed unlawful, void or unenforceable, but only that
portion of this Agreement that is unlawful, void or unenforceable
shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of
reference only, are not to be considered a part of this Agreement,
and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement. All covenants, agreements, representations
and warranties made in this Agreement, as may be amended by the
Companies from time to time, shall survive your acceptance of this