GENERAL

Please read the following Terms of Use carefully. By using www.acuraautoleasing.com (this “Web Site”), you acknowledge that you have read these Terms of Use and that you accept and will be bound by the terms thereof, as they may be modified by www.acuraautoleasing.com, LLC (“AAL”), from time to time, as posted on this Web Site. When such a modification is made, we will post a revised version of the Terms of Use on this Web Site. Changes will be effective when they are posted. AAL, is not required to provide you with notification that any such change has been made. It is your responsibility to review these Terms of Use from time to time to be aware of any such change. Your continued use of the Web Site will indicate your agreement to any such change.

We reserve the right to add to, remove, change or terminate access to any of the content or functions of the Web Site without giving specific notice to you. If you do not agree to the Terms of Use, you may not use this Web Site. Access to this Web Site is restricted to those persons who have a valid Login Name and Password and who have accepted these Terms of Use. Access or attempted access by unauthorized individuals may be subject to prosecution. Any use of the Web Site is at the sole risk of the user. When used in these Terms of Use, “AAL” shall include any affiliates, directors, officers, and employees.

COPYRIGHT

Any authorized person may view the information (and incidentally create a temporary electronic copy of the information) available from this Web Site for informational purposes only. No part of the information at this Web Site can be otherwise redistributed, copied, or reproduced in any form without prior written consent of AAL.

If you post photographs, videos, or other media (“Content”) upon the Web Site, you authorize users to create the aforesaid temporary electronic copy, and grant AAL a license for perpetual use of the Content.

DISCLAIMER OF WARRANTIES

This information is provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

AAL, MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEB SITE MATERIALS. AAL, PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE TERMS OF USE, AT THE WEB SITE WITHOUT NOTICE. FURTHER, AAL, ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE. AAL, SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEB SITE.

REFERENCE TO AAL, AND ITS SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL AAL, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE INFORMATION AT THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE INFORMATION OR SERVICES PROVIDED AT THIS WEB SITE) ON ANY WEB SITE RELATED TO ANY THIRD PARTY, OR USERS’ INABILITY TO USE THE INFORMATION OR MATERIALS CONTAINED IN THE WEB SITE (OR ANY OTHER WEB SITE). IN NO EVENT SHALL AAL’S LIABILITY TO USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY USERS TO AAL, FOR ACCESSING THE WEB SITE. THE USER SHOULD CONSULT HIS OR HER OWN LEGAL ADVISORS REGARDING THE APPLICABILITY OF STATE STATUTES REGARDING LIMITATIONS ON LIABILITY.

DESCRIPTIONS OF, OR REFERENCES TO, PRODUCTS, SERVICES OR PUBLICATIONS WITHIN THE AAL, WEB SITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. AAL, MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. AAL, SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Some states do not allow the disclaimer of warranties or the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.

INDEMNIFICATION BY USER

USER AGREES TO INDEMNIFY, DEFEND AND HOLD AAL, HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES RELATED TO A USER’S VIOLATION OF THESE TERMS AND CONDITIONS OR THE USE OF THE SERVICES, INCLUDING TECHNICAL SUPPORT, AND INFORMATION PROVIDED AT THIS WEB SITE.

VIRUSES

All responsibility or liability for any damages caused by viruses contained within the electronic files or at this Web Site is disclaimed.

LINKS TO OTHER WEB SITES

This Web Site may contain links to other Web Sites not owned or managed by AAL, or its affiliates. AAL, is not responsible for the content, accuracy, or opinions expressed in such Web Sites, and such Web Sites are not investigated, monitored, or checked for accuracy or completeness by AAL Inclusion of any such linked Web Site does not imply approval or endorsement of the linked Web Site by AAL.

SUBMISSION OF INFORMATION

All information transmitted or otherwise submitted to AAL, via this Web Site shall be deemed to be the property of AAL, and AAL, shall be free to use such information for any lawful purpose. AAL, shall not have any obligation to keep such information confidential except as otherwise specifically agreed in writing by AAL, or as required by law. Users should note that electronic transmissions to and from this Web Site are not confidential and may be read or intercepted by others.

LEGAL RELATIONSHIP OF AAL AND ITS USERS

You understand that AAL is a third party intermediary that arranges for the leasing of cars, and that AAL may not be the actual leasing agent on any given transaction.  In cases where your leasing agent differs from AAL, AAL is not liable for any acts or omissions of your actual leasing agent.  You agree not to circumvent AAL in entering into leasing arrangements with our leasing agents directly.

GOVERNING LAW

These Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of New York without regard to conflict of law principles, and users agree that all legal proceedings related to the matters herein shall be adjudicated solely in the courts of New York County, New York, United States of America. Users consent to extra-territorial service of process and submit to the jurisdiction of said courts.

NO UNSOLICITED IDEAS, CODE OR CONTENT.

NEITHER AAL NOR ANY OF ITS EMPLOYEES ACCEPT OR CONSIDER UNSOLICITED IDEAS, SUGGESTIONS, OR CODE, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN AAL’ PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS, SUGGESTIONS OR CODE SUBMITTED TO AAL. THEREFORE, DO NOT SEND YOUR UNSOLICITED IDEAS, SUGGESTIONS OR CODE TO AAL OR ANYONE AT AAL. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND AAL MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.  FURTHER, TO THE EXTENT THAT ANY SUBMISSIONS MAY BE PROPRIETARY, YOU HEREBY GRANT AAL AN UNLIMITED LICENSE TO USE, INTEGRATE, MODIFY, DISPLAY, AND/OR DISTRIBUTE SUCH SUBMISSIONS.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Pursuant to the Digital Millenium Copyright Act, if you believe that the AAL’s Services or website, include material that constitutes an infringement of your copyrighted work, you can notify us by providing the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work;
• A description of the allegedly infringed copyrighted work;
• Identification of the allegedly infringing material and where on AAL’s website or Services, the allegedly infringing material is located;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that use of the infringing material on AAL’s Services or website, is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the information you are providing in this notification is accurate, and under penalty of perjury, and that you are authorized to act on behalf of the copyright owner.

 

AAL
c/o Jacobson & Falcon LLP
197 Merrick Road
Lynbrook, NY  11563
(516) 599-0888
Attn: Copyright Officer

PRIVACY

AAL may disclose information collected from users to trusted affiliates, independent contractors, and business partners who will use the information for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from users to investors and potential partners. Finally, we may transfer information collected from users in connection with a sale of AAL’s business.

AAL may disclose any and all information collected from user, including personally identifiable information, to various leasing agents and companies in connection with the operation of this website, certain financing inquiries, certain data storage services, and other services provided. AAL shall use, distribute, and store the information in accordance with the privacy policy.

AAL also reserves the right to disclose information if: (1) the disclosure is necessary or useful to our provision of services; (2) we believe in good faith the disclosure is required by law (such as a search warrant, subpoena or court order); (3) we believe in good faith the disclosure is necessary to protect our rights, interests, or property; or (4) we are acting in good faith to protect an individual’s personal safety.

MISCELLANEOUS

To the extent any portion of these Terms of Use are unenforceable, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect.

Any waiver of any provisions contained in these Terms of Use by AAL, shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any waiver of these Terms of Use must be in writing and signed by our authorized representative. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form

IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE “I ACCEPT” BUTTON, DO NOT CONDUCT OR ATTEMPT TO CONDUCT TRANSACTIONS USING AAL’S SERVICES , AND DO NOT CONTINUE TO DOWNLOAD, INSTALL, OR OTHERWISE USE AAL WEBSITE OR SERVICES, OR ANY ANCILLARY SERVICES OR WEBSITES.