| Terms and Conditions |
Applicability The following terms and conditions apply to all Horst-Zimmerman, Inc. DBA "Zimmerman Honda" Pages/Sites that are owned, operated, and maintained by or for Zimmerman Honda, including www.zimmermanhonda.com, on which these terms and conditions are linked; (2) the mobile applications; and (3) the social media accounts and/or pages that we control. The Zimmerman Honda websites, applications and social media accounts are collectively referred to in these terms and conditions as the “Site.” These terms and conditions do not apply to: (1) a limited number of Zimmerman Honda websites that are governed by separate terms and conditions or (2) your interaction with or use of the website. General Provisions THESE TERMS AND CONDITIONS TOGETHER WITH THE PRIVACY POLICY, ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE. By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this 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 we reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on this Site, including but not limited to automobile colors, specifications, accessories, models, materials or other product or service features. By entering this 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. Jurisdiction and Governing Law Zimmerman Honda 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, unless otherwise expressly stated, this Site is intended for use within the United States only and will only be governed according to the laws of the State of Illinois, without regard to conflicts of laws principles. If you use this Site from other locations you are responsible for compliance with any and all applicable local laws. Disclaimer of Warranties 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 the specifications, features, illustrations, equipment, warranties, service manuals, recalls, safety tips, and other information contained in the Site are based upon up-to-date information, and while Zimmerman Honda 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. General Product, Services, and Financing Information This Site provides information, including but not limited to specific product pricing, product specifications, used car values, service contracts, budget calculators, 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. The MSRPs (manufacturer's suggested retail price) listed on this Site exclude tax, title, license, registration, destination charge, options and any dealer documentary fees. Zimmerman Honda as the dealer sets the actual selling prices. All trade-in values obtained from Kelley Blue Book are estimates and the actual value of the vehicle may be higher or lower depending upon the condition of your vehicle, equipment and local market conditions. For some newer models, Kelley Blue Book may not have enough data to provide a trade-in value. Our financial calculators’ estimated payments exclude applicable taxes, title, registration, license, and documentary fees. The current finance or lease options are offered only on approved credit through Honda Financial Services or an approved lending institution with Zimmerman Honda, may not be available in all areas of the United States, and Zimmerman Honda may not participate in all programs being offered. Current offers do not constitute an offer of direct financing or of any particular lease or purchase transaction. Rates and requirements vary based on geographic location and credit worthiness. For example, lease rates and payments will be higher for customers and dealers in New York State. This Site also posts new, used, and certified used car inventories provided from Zimmerman Honda's updated daily inventory feed. You acknowledge that Zimmerman Honda is neither responsible nor guarantees the accuracy of any information provided and that all vehicles are subject to prior sale. You understand that Zimmerman Honda set their prices, all prices and specifications are subject to change without notice, and prices may not include additional fees such as government fees and taxes, title and registration fees, finance charges, dealer document preparation fees, processing fees, and emission testing and compliance charges. As a result, this Site shall not be used or relied upon by you as a substitute for information that is available to you from a third party advisor or directly by contacting Zimmerman Honda. Zimmerman Honda’s Intellectual Property Zimmerman Honda will aggressively enforce its intellectual property rights to the full extent of the law. 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 Zimmerman Honda 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 Zimmerman Honda. Except as expressly authorized by Zimmerman Honda, 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 System, information, or services. Without waiving any of the foregoing rights, you may print or download information or products from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic or automated retrieval of information or services from the Site (www.zimmermanhonda.com) to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Zimmerman Honda is prohibited. General Submissions You agree that you will not post on this Site, or transmit to this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Zimmerman Honda or other parties involved in creating, producing, or delivering this Site, may monitor or review transmissions, postings, discussions, or chats, Zimmerman Honda and all parties involved in creating, producing, or delivering this Site, assume no responsibility or liability that may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. By entering this Site you acknowledge and agree that any communication or material you transmit to this site or Zimmerman Honda in any manner and for any reason, is subject to review and removal, and will not be treated as confidential and/or proprietary to you, unless otherwise expressly stated in a particular area of this Site or in our Privacy Policy. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Zimmerman Honda may be used by Zimmerman Honda anywhere, anytime, and for any reason whatsoever. Photo Submissions. Some areas on this Site allow you to submit personal photos. The general purpose of such submissions is to provide a visual and textual representation of your Zimmerman Honda product. We suggest you attach a high-quality photo of your product and provide an accurate, textual description that is both clear and relevant. You understand that not all types of photos are appropriate for use and all photos submitted are subject to review and removal. The following is a list of general photo restrictions:
By submitting a photo 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 (if any); (f) and that publication of the photo via various media, including Web posting, will not infringe on any third party rights; and (g) you will indemnify and hold harmless both Zimmerman Honda and any parties involved in creating, producing, or delivering the photo submission from any claims to the contrary. By submitting a Photo, you agree that your submission is gratuitous, made without restriction, will not place Zimmerman Honda under any obligation, and that we are free to disclose or otherwise disclose the ideas contained in the photo on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You understand that submitting a photo grants Zimmerman Honda and its agents an unlimited worldwide perpetual license and right to publish and use the photo 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 Zimmerman Honda’s employees, or obtained from sources other than you. Digital Millennium Copyright Act Notice Copyright Infringement Notification Zimmerman Honda is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. Zimmerman Honda will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”). If you are an intellectual property rights holder and believe your rights have been infringed, please read the following. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this site in the matter described below: By Mail: DMCA Agent, 7030 44th Avenue, Moline, Illinois 61265 For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3) You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney fees. Limitation of Liability By using this Site you agree that, to the fullest extent permitted under applicable law, none of the parties involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses or any kind which may arise, directly or indirectly, through the access to, use of, implementation of, or browsing of this Site or through your downloading of any materials, data, text, images, video or audio from this Site, including but not limited to anything caused by any viruses, bugs, or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. Dispute Resolution Any controversy, claim or dispute arising out of or related to these Terms or the Site, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for consumer arbitration (the “Arbitration Rules”). The arbitration shall be conducted in Rock Island County, Illinois before a single neutral arbitrator appointed in accordance with the Arbitration Rules with the option to appeal the arbitrator’s decision to Optional Appellate Arbitration in accordance with the Arbitration Rules. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, consequential or indirect damages against any party. Arbitration costs and fees shall be determined in accordance with the Arbitration Rules. Attorneys’ fees shall be borne by each party independently and no party shall be liable for the attorneys’ fees of the other party. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. 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. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof. Indemnity You agree to defend, indemnify, and hold Zimmerman Honda, 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. Sweepstakes The Site offers sweepstakes from time to time. While no purchase is necessary to enter any such sweepstakes, you agree to comply with the official rules of the relevant sweepstakes advertised on this Site. Please do not enter if you are not a permanent resident of the eligible geographic area, or if you are otherwise ineligible as set forth in the particular sweepstake’s official rules. Entries received from persons residing outside of the eligible geographic areas, from other persons otherwise ineligible, or where restricted or prohibited by law will be disqualified. Careers This Site offers job opening information across many Zimmerman Honda entities and provides mediums for you to apply and submit your resume. You understand that nothing contained herein constitutes an offer of employment by any Zimmerman Honda entity. Privacy & Security Our Privacy Policy is incorporated into these Terms. You acknowledge that the requesting URLs of the machine originating the request and the time of the request are logged for access statistics and security purposes and agree that your use of this Site constitutes consent to such monitoring. To access portions of this Site, you are required to obtain a user name and/or password. In such cases, you are responsible for maintaining the confidentiality of any such user name or password and are fully responsible for all activities that occur under such name and password. You understand that you can help protect your user name, password and personal information by logging out of password protected web pages before you close your browser. You agree to notify us immediately of any unauthorized use of your user name or password. Zimmerman Honda maintains control of access and right of access to this Site. You understand and agree that we reserve the right to revoke your registration at any time without notice or cause of action for any reason whatsoever. Links This Site may contain links to or be accessed through links that are owned and operated by independent third parties such as Pure Cars and Kelley Blue Book to which these Terms do not apply. We provide links as a convenience and the inclusion of the link does not imply that Zimmerman Honda endorses or accepts any responsibility for the content on those sites. Zimmerman Honda is not responsible for content including but not limited to advertising claims, special offers, illustrations, names or endorsement, or the availability, operation or performance or any other sites, to which this Site may be linked to or from which this Site may be accessed. Further, Zimmerman Honda is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site. Contact Information Zimmerman Honda, 7030 44th Avenue, Moline, Illinois, 61265 LAST UPDATED: July 2022 |
