Terms Of Use

WEBSITE TERMS OF USE

King Windward Nissan LLC

Effective Date: [ Effective Date ]

Last Updated: [ Date ]

1. ACCEPTANCE OF TERMS

1. These Website Terms of Use ("Terms") govern your access to and use of the website located at www.kingwindwardnissan.com, including all related subdomains, pages, content, features, and services made available through the website (collectively, the "Site"), operated by King Windward Nissan LLC, located at 45-568 Kamehameha Highway, Kaneohe, Hawaii 96744 ("King Windward Nissan," "we," "us," or "our").

2. By accessing, browsing, or using the Site, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, which is incorporated herein by reference.

3. If you do not agree to these Terms, you must immediately discontinue use of the Site.

4. These Terms constitute a legally binding agreement between you and King Windward Nissan. Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of such changes, subject to the notification provisions set forth in Clause 15.

2. ELIGIBILITY

1. The Site is intended for use by individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is greater.

2. By using the Site, you represent and warrant that you meet the eligibility requirements set forth in this Clause 2 and that you have the legal capacity to enter into these Terms.

3. If you are using the Site on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms.

3. SCOPE OF THE SITE

1. The Site provides information about King Windward Nissan's products and services, including but not limited to:

(a) New and pre-owned vehicle inventory, specifications, and pricing.

(b) Vehicle financing and credit application tools.

(c) Service and maintenance scheduling.

(d) Parts ordering and availability.

(e) Promotional offers, incentives, and special programs.

(f) Dealership information, hours of operation, and contact details.

2. The Site is intended for informational purposes only. Vehicle availability, pricing, specifications, incentive offers, and financing terms displayed on the Site are subject to change without notice and may not reflect real-time inventory or current offers.

3. No information on the Site constitutes a binding offer to sell, lease, or finance any vehicle or provide any service. All transactions are subject to final verification, execution of applicable documentation, and approval at the dealership.

4. USER ACCOUNTS AND SUBMISSIONS

1. Certain features of the Site may require you to create an account, submit personal information, or complete online forms, including but not limited to credit applications, service appointment requests, trade-in valuations, and contact inquiries.

2. You agree to:

(a) Provide accurate, current, and complete information in all submissions.

(b) Maintain the confidentiality of any account credentials.

(c) Notify King Windward Nissan promptly of any unauthorized access to or use of your account.

3. You are solely responsible for all activity that occurs under your account or through your submissions.

4. King Windward Nissan reserves the right to suspend or terminate any account, or refuse any submission, at any time and for any reason, in its reasonable discretion.

5. CREDIT APPLICATIONS AND FINANCIAL INFORMATION

1. The Site may allow you to submit credit applications or provide financial information in connection with vehicle financing.

2. By submitting a credit application through the Site, you:

(a) Authorize King Windward Nissan and its lending partners to obtain consumer credit reports and verify the information you provide, in accordance with the Fair Credit Reporting Act ("FCRA") and applicable state law.

(b) Acknowledge that submission of a credit application does not guarantee approval of financing or any particular financing terms.

(c) Understand that your information may be shared with third-party lenders, financial institutions, and credit bureaus for the purpose of evaluating your application.

3. All credit decisions are made by the applicable lender and are subject to that lender's underwriting criteria.

4. King Windward Nissan shall handle all financial information in accordance with its Privacy Policy, the Gramm-Leach-Bliley Act ("GLBA"), and applicable federal and state data protection laws.

6. INTELLECTUAL PROPERTY

1. All content on the Site, including but not limited to text, graphics, logos, images, photographs, video, audio, software, data compilations, page layout, and underlying code (collectively, "Content"), is the property of King Windward Nissan, its licensors, or its content providers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

2. The King Windward Nissan name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of King Windward Nissan or its affiliates. The Nissan name, logo, and all Nissan vehicle names and designs are trademarks of Nissan Motor Co., Ltd. or its subsidiaries. You may not use any such marks without the prior written permission of the respective owner.

3. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only. This license does not include the right to:

(a) Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content.

(b) Use any data mining, robots, scraping, or similar data gathering or extraction tools on the Site.

(c) Frame, mirror, or otherwise incorporate any portion of the Site into any other website or application without prior written consent.

4. Any unauthorized use of the Content may violate copyright, trademark, and other applicable laws and could result in civil or criminal penalties.

7. PROHIBITED CONDUCT

1. You agree not to:

(a) Use the Site for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation.

(b) Impersonate any person or entity or misrepresent your affiliation with any person or entity.

(c) Interfere with, disrupt, or attempt to gain unauthorized access to the Site, its servers, or any networks connected to the Site.

(d) Introduce any virus, trojan horse, worm, logic bomb, or other material that is malicious or technologically harmful.

(e) Use the Site to transmit unsolicited commercial communications, spam, or promotional materials.

(f) Harvest, collect, or store personal information of other users without their consent.

(g) Use automated systems, including bots, crawlers, or scrapers, to access the Site for any purpose without King Windward Nissan's prior written consent.

(h) Attempt to decompile, reverse engineer, or disassemble any software or technology used in connection with the Site.

King Windward Nissan reserves the right to investigate and take appropriate legal action against any person who, in King Windward Nissan's reasonable discretion, violates this Clause 7.

8. THIRD-PARTY LINKS AND SERVICES

1. The Site may contain links to third-party websites, applications, or services that are not owned or controlled by King Windward Nissan, including but not limited to manufacturer websites, financing partner portals, insurance providers, and social media platforms.

2. King Windward Nissan does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services.

3. Your use of third-party websites and services is at your own risk and is subject to the terms and conditions and privacy policies of such third parties.

4. King Windward Nissan shall not be liable for any loss or damage arising from your use of or reliance on any third-party website or service.

9. PRIVACY AND DATA PROTECTION

1. King Windward Nissan's collection, use, storage, and disclosure of personal information obtained through the Site is governed by our Privacy Policy, which is available at [ URL ].

2. King Windward Nissan is committed to compliance with Applicable Data Protection Laws, including but not limited to:

(a) The California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, "CCPA/CPRA").

(b) The Gramm-Leach-Bliley Act ("GLBA") with respect to financial information.

(c) The Fair Credit Reporting Act ("FCRA") with respect to consumer credit information.

(d) The Children's Online Privacy Protection Act ("COPPA").

(e) The CAN-SPAM Act and the Telephone Consumer Protection Act ("TCPA") with respect to marketing communications.

(f) All applicable Hawaii state privacy and consumer protection laws.

3. The Site is not directed to children under the age of thirteen (13). King Windward Nissan does not knowingly collect personal information from children under thirteen (13). If we become aware that we have collected personal information from a child under thirteen (13), we will take steps to delete such information promptly.

4. By using the Site, you consent to the collection and use of your information as described in the Privacy Policy.

10. DISCLAIMER OF WARRANTIES

1. THE SITE AND ALL CONTENT, FEATURES, TOOLS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KING WINDWARD NISSAN DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

3. KING WINDWARD NISSAN DOES NOT WARRANT THAT:

(a) THE SITE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE.

(b) THE CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT.

(c) VEHICLE PRICING, AVAILABILITY, SPECIFICATIONS, OR INCENTIVE INFORMATION DISPLAYED ON THE SITE REFLECTS REAL-TIME DATA OR CONSTITUTES A BINDING OFFER.

(d) ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED.

4. KING WINDWARD NISSAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE SITE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE.

5. Nothing in this Clause 10 shall affect any warranties that cannot be excluded or limited under applicable law, including Hawaii consumer protection statutes.

11. LIMITATION OF LIABILITY

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KING WINDWARD NISSAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF KING WINDWARD NISSAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF KING WINDWARD NISSAN ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO KING WINDWARD NISSAN THROUGH THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

3. Nothing in these Terms shall exclude or limit liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under applicable law, including Hawaii Revised Statutes Chapter 480 (Unfair and Deceptive Trade Practices).

12. INDEMNIFICATION

1. You agree to indemnify, defend, and hold harmless King Windward Nissan, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) Your use of the Site.

(b) Your violation of these Terms.

(c) Your violation of any applicable law or regulation.

(d) Your violation of any rights of a third party.

(e) Any content or information you submit through the Site.

13. DISPUTE RESOLUTION

1. These Terms and any dispute arising out of or relating to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of laws principles.

2. Any dispute, claim, or controversy arising out of or relating to these Terms or the Site that cannot be resolved informally shall be resolved exclusively in the state or federal courts located in the First Circuit, City and County of Honolulu, State of Hawaii.

3. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or lack of jurisdiction.

4. Any claim arising under these Terms must be brought within one (1) year after the cause of action arises, or such claim shall be permanently barred.

14. ELECTRONIC COMMUNICATIONS

1. By using the Site and providing your contact information, you consent to receive electronic communications from King Windward Nissan, including but not limited to emails, text messages, and notifications related to your inquiries, service appointments, and promotional offers.

2. You may opt out of promotional communications at any time by following the unsubscribe instructions included in such communications or by contacting us at the information provided in Clause 17.

3. King Windward Nissan's electronic communications practices shall comply with the CAN-SPAM Act, the Telephone Consumer Protection Act ("TCPA"), and applicable Hawaii state law.

4. Opting out of promotional communications will not affect transactional or service-related communications.

15. CHANGES TO THESE TERMS

1. King Windward Nissan reserves the right to modify or update these Terms at any time.

2. Material changes will be indicated by updating the "Last Updated" date at the top of these Terms and, where practicable, by posting a notice on the Site.

3. Your continued use of the Site after the posting of any changes constitutes your acceptance of such changes.

4. It is your responsibility to review these Terms periodically.

16. MISCELLANEOUS

1. If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.

2. No failure or delay by King Windward Nissan in exercising any right or remedy under these Terms shall operate as a waiver of such right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof.

3. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and King Windward Nissan with respect to your use of the Site.

4. King Windward Nissan may assign its rights and obligations under these Terms without restriction. You may not assign your rights or obligations under these Terms without King Windward Nissan's prior written consent.

5. King Windward Nissan shall not be liable for any failure or delay in the availability or performance of the Site caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government action, labor disputes, power outages, or internet service provider failures.

6. The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

17. CONTACT INFORMATION

1. If you have any questions, concerns, or complaints regarding these Terms or the Site, please contact us at:

King Windward Nissan LLC 45-568 Kamehameha Highway Kaneohe, Hawaii 96744

Phone: (808) 235-6433

Email: [ Email Address ]

Website: www.kingwindwardnissan.com

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