Privacy & Legal Notices

THIS AGREEMENT OF TERMS OF USE is made as of this day, by and between JM Dealer Services, Inc., its subsidiaries and affiliates (collectively, “JMDS”) and you. This Agreement of Terms of Use (the “Terms of Use”) and any License and Service Agreement or other similar agreement executed by your employer or other authorized user of this website, or Affiliate of the such employer or other authorized user of this website that employs you or authorizes you to act on their behalf for the access and use of this website, and the Services as described in any such agreement or Order Form (the “Services Agreement”), set forth the terms and conditions that apply to your access and use of the Internet websites owned by JM Dealer Services, Inc., located at the URL’s www.jmfe-solutions.com, www.aaxchange.com, www.dmeautomotive.com and www.dealerups.com (the “JMsolutions Websites”). All defined terms found in the Terms of Use shall have the same meaning as the defined terms in the Agreement. If you do not agree with the Terms of Use, please do not use this website.

Applicability of the Terms of Use

The Terms of Use is intended to apply to you, JMDS, and the JMsolutions Websites.

Your Right to Access and Use the JMsolutions Websites

The right to access and use the JMsolutions Websites is personal to Client, any of its authorized Affiliates and any persons described in any Order Form(s), and is not transferable by you to any other person or entity. You are only entitled to access and use the applicable JMsolutions Websites for lawful purposes and pursuant to the terms and conditions of the Agreement.

By accessing and using any of the JMsolutions Websites (other than to read this Agreement), you agree to comply with all of the terms and conditions of the Terms of Use, the Agreement, and all other agreements applicable to your use of the JMsolutions Websites. Any action by you that, as determined by JMDS, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying the JMsolutions Websites shall not be permitted, and may result in your loss of the right to access and use the JMsolutions Websites and a termination of the Agreement and any Order Form(s).

Intellectual Property Rights

Images of vehicles, people or places displayed on the JMsolutions Websites are either the property of, or used with permission by, JMDS. The use of these images by you, or anyone else authorized by Client or any Affiliate, is prohibited unless specifically permitted by the Agreement or specific permission provided elsewhere on the JMsolutions Websites. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on any of the JMsolutions Websites, including, without limitation, the names “DMEautomotive, LLC”, “JM Dealer Services, Inc.”, “American Auto Exchange, Inc.”, “AAX”, “CMX”, “SMX”, “DealerUps”, “JM Family Enterprises, Inc.”, “JM&A Group”, “World Omni Financial Corp.”, “Southeast Toyota Distributors, LLC”, and their respective logos are registered and unregistered Trademarks of JMDS or its rightful owners. Nothing contained on the JMsolutions Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the JMsolutions Websites without the written permission of JMDS or such third party owners of the Trademarks. Any use of third party Trademarks on any of the JMsolutions Websites 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 JMDS any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on any of the JMsolutions Websites, or any other content on any of the JMsolutions Websites, except as provided in the Terms of Use or the Agreement, is strictly prohibited. You are also advised JMDS 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 any of the JMsolutions Websites (collectively, the “Content”) are copyrighted by JMDS, which also own a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content.

Without the prior written consent of JMDS, 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 JMDS or its licensors.

You agree that printing, downloading or otherwise using the Content in accordance with the Terms of Use and the Agreement does not entitle you to any ownership or intellectual property rights in the Content.

Client shall be solely responsible for any damage resulting from your infringement of JMDS intellectual property, or any other harm incurred by JMDS 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 the Terms of Use and the Agreement.

No Representations or Warranties Regarding Content OTHER THAN AS MAY BE OTHERWISE PROVIDED IN THE AGREEMENT OR OTHER SIMILAR AGREEMENT GRANTING YOU ACCESS AND USE OF THIS WEBSITE BETWEEN JMDS AND CLIENT:

• JMDS DOES 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.
• JMDS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM ANY OF THE JMSOLUTIONS WEBSITES 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 ANY OF THE JMSOLUTIONS WEBSITES USED BY YOU.

Links to Third Party Sites

The JMsolutions Websites may contain links to third party Internet websites (“Linked Sites”). The Linked Sites are not under the control of JMDS and JMDS is 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. JMDS is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is JMDS responsible if the Linked Site is not working appropriately. JMDS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JMDS of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the JMsolutions Websites, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of any of the JMsolutions Websites.

Limitations on JMDS’ Liability

OTHER THAN AS MAY BE OTHERWISE PROVIDED IN THE AGREEMENT OR OTHER SIMILAR AGREEMENT GRANTING YOU ACCESS AND USE OF THIS WEBSITE BETWEEN JMDS AND CLIENT , JMDS 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:

• YOUR ACCESS AND USE OF ANY OF THE JMSOLUTIONS WEBSITES.
• YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL, NON-COMMERCIAL USE.
• YOUR DOWNLOADING OF ANY CONTENT AS MAY BE PERMITTED BY JMDS BY JMDS’S PRIOR WRITTEN PERMISSION REGARDING THE SAME.
• YOUR RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED OR ADVERTISED ON ANY OF THE JMSOLUTIONS WEBSITES.
• YOUR ACCESS AND USE OF ANY OF THE JMSOLUTIONS WEBSITES IN VIOLATION OF THE TERMS OF USE OR THE AGREEMENT.

Indemnification

You shall defend, indemnify and hold harmless JMDS, its subsidiaries and affiliates and each of its respective officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of the Terms of Use by you; and (ii) any access or use of any of the JMsolutions Websites in violation of the Terms of Use or the Agreement.

Third Party Rights

The Terms of Use is for the benefit of JMDS, its subsidiaries, affiliates, 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 its behalf.

Amendments

JMDS reserves the right to amend the Terms of Use at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to the Terms of Use shall be effective immediately upon its inclusion in, or deletion from, the Terms of Use and the posting of the same in the Terms of Use on the applicable JMsolutions Websites.

You are encouraged to revisit the Terms of Use from time to time in order to review any changes that have been made. Your continued access and use of the JMsolutions Websites following the posting of any such changes shall automatically be deemed your acceptance of the same.

Remedies

You acknowledge that JMDS may be irreparably damaged if the Terms of Use are 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 the Terms of Use by you, JMDS shall be entitled, in addition to all rights and remedies available at law, in equity or under the terms of the Agreement, 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 the Terms of Use.

You agree that exclusive venue for any suit arising under the Terms of Use shall be Broward County, Florida, or the Southern District of Florida, as appropriate. 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 rules.

Miscellaneous

The Terms of Use shall be construed and enforced under and in accordance with the laws of the State of Florida, without regard to conflicts of laws principles.

If any portion of the Terms of Use is deemed unlawful, void or unenforceable by any court of competent jurisdiction, the Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Terms of Use that is unlawful, void or unenforceable shall be stricken from the Terms of Use.

The headings contained in the Terms of Use are for convenience of reference only, are not to be considered a part of the Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of the Terms of Use or of the Agreement.

All covenants, agreements, representations and warranties made in the Terms of Use, as may be amended by JMDS from time to time, shall survive your acceptance of the Terms of Use.

PRIVACY POLICY

This policy is applicable to www.dmeautomotive.com, www.aaxchange.com, www.dealerups.com and www.jmfe-jmsolutions.com, owned and operated by JM Dealer Services, Inc. and certain of its service providers, subsidiaries and affiliates (“Service Providers”). In this policy, JM Dealer Services, Inc. and Service Providers are referred to collectively as “we” or “our”.

We are committed to respecting the privacy rights of our customers and all visitors to our website. The purpose of this Privacy Policy is to describe what types of personal information we collect from visitors to our website

Our website does, in a limited manner, use a technology called "cookies". A cookie is a small piece of text that you can agree to place on your computer's hard drive. In most cases, you can set your web browser to prompt you when a cookie request is being made from a web page and you have the option to accept or not. If you accept or do not reject the cookie, then your browser adds the text in a small file. Accepting cookies in no way gives us access to your computer or any personal information about you. It is merely a method of storing information to improve your online experience. It will assist us in making your site visit easier and more productive. Technically, cookies are harmless, occupying just a few bytes on your hard drive. Note that personal information is often contained in or linked to a cookie (such as email address, zip code, etc.). In general, we only collect personal information (which may include first and last name, home or other physical address, e-mail address, and telephone number) when you voluntarily submit it to us.

At the JMsolutions Websites, our site may also gather information about which areas of our site receive the most visits and user visit history. We may also use web beacons to count page visits by our users, to access our cookies, and otherwise to improve your experience on our website.

As a condition to using the JMsolutions Websites, we require your approval to collect this data. By visiting the JMsolutions Websites you agree that we may collect and use this information (1) to send marketing and other communications to our visitors; (2) to conduct internal reviews of our site (e.g., to determine the number of visitors to the site); (3) to help us better understand visitors' use of our site; (4) to respond to specific requests from our visitors; (5) to provide any necessary notices to our visitors; (6) to conduct marketing research; and (7) to protect the security or integrity of our site. Non-personal information will be used for purposes of conducting internal reviews of the site and to provide an enhanced online experience for our visitors. If we change our privacy policy, we will post the changes on this page so you are always informed about what information we collect, how we use it, and under what circumstances we disclose it.

JM Dealer Services, Inc. will transfer or otherwise disclose the information it collects from its site visitors to employees and independent contractors of JM Dealer Services, Inc., its subsidiaries, affiliates, and Service Providers if the disclosure will enable that party to perform a business, professional, or technical support function for JM Dealer Services, Inc. Additionally, we reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website.

The webmaster for the JMsolutions Websites can be reached at kristen.mittauer@jmfamily.com.

Effective Date: October 8, 2007