Last modified: December 11, 2008
FairBMWLease.com (“FairBMWLease.com”) provides its services, including this website, (referred to
collectively as the “Services” in this document) to you subject to the following Terms of Service ("TOS"),
which may be updated by FairBMWLease.com from time to time without notice to you. You can review the most
current version of the TOS at any time at:
http://www.fairbmwlease.com/tos.html. If you have any questions or concerns about the TOS, please feel
free to
Contact Us through our website. In addition, you shall be
subject to any posted guidelines or rules including but not limited to FairBMWLease.com’s
Privacy Policy.
In order to use FairBMWLease.com’s Services, you must first agree to the TOS. You may not use our Services
if you do not accept the TOS. Your use of our Services constitutes acceptance of the TOS. You understand and
agree that FairBMWLease.com will treat your use of the Services as acceptance of the TOS. You may not use
the Services and may not accept the TOS if you cannot form a binding contract with FairBMWLease.com (for
example: if you are not of legal age).
You also agree to provide true, accurate, current and complete information about yourself when placing an
order. If you provide any information that is untrue, inaccurate, not current or incomplete, or
FairBMWLease.com has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, FairBMWLease.com has the right to refuse any and all current or future use of
the Services (or any portion thereof) to you.
You understand and agree that the Services are provided "AS-IS" and that FairBMWLease.com assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or
any personalization settings. Under no circumstances will FairBMWLease.com be liable in any way for any
content, including, but not limited to, any errors or omissions in any content, or any loss or damage of
any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made
available via our Services. You agree that you must evaluate, and bear all risks associated with, the use
of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You understand and agree that FairBMWLease.com does not sell or lease vehicles to you. FairBMWLease.com
negotiates on your behalf with BMW dealerships that you select to get you the price that FairBMWLease.com
specifies on the website. FairBMWLease.com does not guarantee that a BMW dealership will agree to sell or
lease you a vehicle at the price specified by FairBMWLease.com. FairBMWLease.com reserves the right to
cancel orders arising from pricing or other errors.
You are responsible for obtaining access to the Services, and that access may involve third-party fees (such
as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must
provide and are responsible for all equipment necessary to access the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the
servers and networks which are connected to the Services). You agree not to collect or store personal
data about other users. You agree not to upload, post, email, transmit or otherwise make available any
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation using our Services.
Unless you have been specifically permitted to do so in a separate agreement with FairBMWLease.com, you
agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that FairBMWLease.com has no responsibility to you or
to any third party for) any breach of your obligations under the TOS and for the consequences (including
any loss or damage which FairBMWLease.com may suffer) of any such breach.
For information about our privacy policy, please read our
Privacy Policy.
This policy explains how FairBMWLease.com treats your personal information, and protects your privacy,
when you use FairBMWLease.com’s Services.
You agree to the use of your data in accordance with FairBMWLease.com’s privacy policy.
You agree to indemnify and hold FairBMWLease.com and its subsidiaries, affiliates, officers, agents,
employees, partners and licensors harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise
make available through our Services, your use of our Services, your connection to our Services, your
violation of the TOS, or your violation of any rights of another.
FairBMWLease.com gives you a personal, royalty-free, non-assignable and non-exclusive license to use
FairBMWLease.com’s website for the sole purpose of enabling you to use FairBMWLease.com’s Services in
the manner permitted by the TOS.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse
engineer, decompile or otherwise attempt to extract the source code of the website or any part thereof,
unless this is expressly permitted or required by law, or unless you have been specifically told that
you may do so by FairBMWLease.com, in writing.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to FairBMWLease.com
through our “Contact Us” webpage, you acknowledge and agree that: (a) your Contributions do not contain
confidential or proprietary information; (b) FairBMWLease.com is not under any obligation of
confidentiality, express or implied, with respect to the Contributions; (c) FairBMWLease.com shall be
entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in
any way, in any media worldwide; (d) FairBMWLease.com may have something similar to the Contributions
already under consideration or in development; (e) your Contributions automatically become the property
of FairBMWLease.com without any obligation of FairBMWLease.com to you; and (f) you are not entitled to
any compensation or reimbursement of any kind from FairBMWLease.com under any circumstances. You also
confirm and warrant to FairBMWLease.com that you have all the rights, power and authority necessary to
agree to these conditions.
FairBMWLease.com reserves the right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Services (or any part thereof) without notice. You agree that FairBMWLease.com shall
not be liable to you or to any third party for any modification, suspension or discontinuance of the
Services.
You agree that FairBMWLease.com may without prior notice, immediately terminate your access to the
Services. You agree that FairBMWLease.com shall not be liable to you or any third party for any termination
of your access to our Services.
Your correspondence or business dealings with dealers and dealerships found on or through our Services,
including payment and delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such dealers and dealerships.
You agree that FairBMWLease.com shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. FAIRBMWLEASE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. FAIRBMWLEASE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL
BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAIRBMWLEASE.COM OR THROUGH
OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS
OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU,
OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE
SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FAIRBMWLEASE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (v) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY
OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY
ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (vi) ANY CHANGES WHICH FAIRBMWLEASE.COM
MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR
ANY FEATURES WITHIN THE SERVICES); (vii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT
AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR (viii)
ANY OTHER MATTER RELATING TO THE SERVICES.
THE LIMITATIONS ON FAIRBMWLEASE.COM'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT FAIRBMWLEASE.COM HAS
BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED
TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN
YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party
beneficiaries to this agreement.
Some of the Services may display advertisements and promotions. The manner, mode and extent of advertising
are subject to change without specific notice to you. In consideration for FairBMWLease.com granting you
access to and use of our Services, you agree that FairBMWLease.com may place such advertising on the
Services.
The Services may include hyperlinks to other web sites or content or resources. You acknowledge and agree
that FairBMWLease.com is not responsible for the availability of any such external sites or resources,
and does not endorse any advertising, products or other materials on or available from such web sites
or resources.
You acknowledge and agree that FairBMWLease.com is not liable for any loss or damage which may be incurred
by you as a result of the availability of those external sites or resources, or as a result of any reliance
placed by you on the completeness, accuracy or existence of any advertising, products or other materials
on, or available from, such web sites or resources.
FairBMWLease.com may make changes to TOS from time to time. When these changes are made, FairBMWLease.com
will make a new copy of the TOS available at
http://www.fairbmwlease.com/tos.html.
You understand and agree that if you use the Services after the date on which the TOS have changed,
FairBMWLease.com will treat your use as acceptance of the updated TOS.
Entire Agreement. The TOS constitutes the entire agreement between you and FairBMWLease.com and governs
your use of the Services, superseding any prior agreements between you and FairBMWLease.com with respect
to the Services. You also may be subject to additional terms and conditions that may apply when you use or
purchase certain other services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and FairBMWLease.com shall be governed
by the laws of the State of New York without regard to its conflict of law provisions. You and
FairBMWLease.com agree to submit to the exclusive jurisdiction of the courts located within the county
of Kings, New York. Notwithstanding this, you agree that FairBMWLease.com shall still be allowed to
apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Waiver and Severability of Terms. The failure of FairBMWLease.com to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as reflected in the provision, and
the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Services or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.