WEBSITE TERMS OF USE

INTRODUCTION

Welcome to our website! We have created this site with you, the customer, in mind. Our website contains many useful features and information to assist you in your vehicle search and purchase. We do have rules though, and we want you to understand the rules so we can each set our expectations. Please take a few moments to review this information carefully. Your use of this website is subject to these Website Terms of Use and you agree that you have read, understand and will comply with them as a condition to your use of this website.

VERN EIDE MOTORCARS

The Vern Eide Motorcars family of companies (collectively hereinafter referred to as “Vern Eide”), owns new and used vehicle franchises in various states. You will know our dealerships by the familiar Vern Eide logo.

Vern Eide Motorcars

WEBSITE INFORMATION

We designed our website with the intent of providing the auto industry’s best customer experience. This includes providing you with up-to-date information. Despite our efforts, however, it is inevitable that some inaccuracies may occasionally be present. Additionally, while some photographs of automobiles found on our website are photographs of the actual vehicles, their color and general appearance may appear different based on your monitor and color settings. At times only stock photos of the vehicles are available. For this reason, please contact the store location where a vehicle is located to confirm the accuracy of the contents of our website before you visit that store location. Further, Vern Eide reserves the right to correct any pricing errors or any incorrect statement of accessories on a particular vehicle and change product pricing and specifications as well as the terms of our guarantees and warranties without notice.

OWNERSHIP AND PROPRIETARY RIGHTS

All information contained in this website, unless otherwise stated, is owned solely and exclusively by Vern Eide. You acknowledge and agree that all contents and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, Vern Eide has not granted you a license of any kind to use, link to, or display this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of Vern Eide in each instance; however, vehicle information and the online credit application may be printed for your non-commercial, personal use only. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell and/or transmit any part of this website. You may not use any meta tags or any other “hidden text” utilizing Vern Eide’s name or trademarks. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website are strictly prohibited.

INTELLECTUAL PROPERTY

This website contains several names, logos and marks, including but not limited to, the Vern Eide name and logo, which are registered trademarks or service marks of Vern Eide. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible. PLEASE CLICK HERE FOR INFORMATION ON COPYRIGHT INFRINGEMENT.

WARRANTY DISCLAIMER

Vern Eide expressly disclaims all liability arising from or related to any viruses or other contamination of your computer system or other device used to access this website as a result of your use of this site, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this website. THIS WEBSITE AND ALL INFORMATION CONTAINED IN IT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VERN EIDE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE.

LIMITATIONS OF LIABILITY

USE OF THIS WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS WEBSITE. VERN EIDE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERN EIDE WEBSITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INCENTIVES OFFERED BY MANUFACTURERS

Rebates and other incentives provided by vehicle manufacturers or their respective captive financing companies are subject to the terms specified by such entity. These terms include, among others, the particular vehicle or trim/model eligible for the incentive, timeframe of the offer and limitations on quantities and/or combinations with other offers. Please always contact your Vern Eide dealership for details on available incentives.

USAGE AND OWNERSHIP OF CUSTOMER INFORMATION

All information submitted to Vern Eide through our website becomes and remains the property of Vern Eide. Consequently, we may use any information you submit for any purpose we deem appropriate in accordance with applicable law and our Privacy Policy. We maintain physical, electronic and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you to those Vern Eide employees who need to know the information to respond to your request or inquiry.

LINKS TO THIRD PARTY WEBSITES

While using this website, you may choose to link to third-party websites that are not affiliated with Vern Eide. Vern Eide is not responsible for the content of these third-party websites, or any subsequent links, and has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. Opinions expressed on third-party websites are not necessarily those of Vern Eide, and Vern Eide does not endorse the contents of these third-party websites in any way. Also, Vern Eide is not responsible for webcasting or any other form of transmission received from any linked website. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance. This may include, but is not limited to, damages that are direct, indirect, special or consequential. Vern Eide is providing these links to you as a convenience only, and the inclusion of any link does not imply endorsement of the site, its contents, and/or any products or services offered by the owner(s) of the site.

APPLICABLE LAWS AND VENUE

This website is operated from Vern Eide’s corporate offices in the State of South Dakota and Vern Eide makes no representations that materials on this website are appropriate or available for use in other locations. The display of this website alone does not subject Vern Eide to any specific jurisdiction. Any claim related to the use of this website or to the materials displayed on it shall be governed by, construed and enforced in accordance with the laws of the State of South Dakota as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of this website shall be filed only in the appropriate state and federal court located within Sioux Falls, South Dakota. The access, viewing and/or use of this website constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of South Dakota located in Sioux Falls, South Dakota for purposes of such actions.

VIOLATIONS OF WEBSITE TERMS OF USE

In the event you violate or attempt to violate any part of these Website Terms of Use, Vern Eide reserves the right to terminate your access to this website immediately, at our sole discretion, with or without notice of any kind. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this website or for your violation of intellectual property or other rights of Vern Eide or any other person or entity.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Vern Eide from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to your use of this website that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.

SEVERABILITY AND INTEGRATION

In the event any part of these Website Terms of Use is found to be unenforceable, the remainder shall continue in full force and effect. You understand and agree that these Website Terms of Use represent the entire agreement governing your use of this website.

RESERVATION OF RIGHTS

Any and all rights not expressly granted to you in this Legal Notice and these Website Terms of Use are hereby reserved by Vern Eide.

This website is intended for use only by citizens of the United States of America (excluding unincorporated territories, Puerto Rico and Guam), eighteen (18) years of age or older, who have the capacity to enter into a valid contract; by accessing this website, you represent and affirm that you meet these requirements. We reserve the right to amend any part of this website at any time without notice and without incurring any obligation unless prohibited by applicable law. We will provide to you all notices as required by law in the event of such change. We encourage you to periodically review these Website Terms of Use for updates.

MINORS

In compliance with the Children’s Online Privacy Protection Act, Vern Eide does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website without parental or legal guardian’s consent, we will immediately delete such information.

PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT

A. DMCA Notice. Vern Eide will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via this website, then you may send us a written notice that includes all of the following:

  • a legend or subject line that says: “DMCA Copyright Infringement Notice”;
  • a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the website on which the material appears);
  • your full name, address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
  • your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.

Vern Eide will only respond to DMCA Notices that it receives by e-mail or mail at the addresses below:

By e-mail: privacy@verneide.com

By mail:

Vern Eide Motorcars Inc,
Attn: Website Terms & Conditions
5200 S Louise Ave
Sioux Falls, SD 57108

It is often difficult to determine if your copyright has been infringed. Vern Eide may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Vern Eide may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Vern Eide’s other rights, Vern Eide may, in appropriate circumstances, terminate a repeat infringer’s access to this website and any other website owned or operated by Vern Eide.

B. DMCA Counter-Notification. If access on the Website to a work that you submitted to Vern Eide is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

  • a legend or subject line that says: “DMCA Counter-Notification”;
  • a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the website from which the material was removed or access to it disabled);
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • your full name, address, telephone number, e-mail address, and the username of your account;
  • a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of South Dakota), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
  • your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.