Agreement between User and https://dealershipcollisionrepairs.com
Welcome to https://dealershipcollisionrepairs.com. The https://dealershipcollisionrepairs.com, https://samedeductible.com and https://collisionvehicleexchange.com websites (the “Site(s)”) are comprised of various web pages operated by Winnergies llc. The Site(s) are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Site(s) constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference. The Site(s) are E-Commerce sites, and promotes marketing, advertising, software development and software licensing services.
Visiting Site(s) or sending emails constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site(s), satisfy any legal requirement that such communications be in writing.
If you use Site(s), you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Winnergies llc. is not responsible for third party access to your account that results from theft or misappropriation of your account. Winnergies llc. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. No refunds will be given.
Children Under Thirteen
Winnergies llc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Site(s) only with permission of a parent or guardian.
You may cancel your subscription at any time. No refunds will be given.
Links to Third Party Sites/Third Party Services
Site(s) may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Winnergies llc. and Winnergies llc. 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. Winnergies llc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Winnergies llc. of the site. Winnergies llc. may receive compensation for Linked Sites, but has not vetted or investigated these sites and/or the services they offer. Therefore any use of a Linked Site, their products and/or services is strictly between you and the company associated with the Linked Site.
Certain services made available via Site(s) are delivered by third party sites and organizations. By using any product, service or functionality originating from Site(s), you hereby acknowledge and consent that Winnergies llc. may share such information and data with any third party with whom Winnergies llc. has a contractual relationship to provide the requested product, service or functionality on behalf of Site(s)’ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Winnergies llc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site(s). Winnergies llc. content is not for resale. Your use of the Site(s) does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Winnergies llc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Site(s) or our licensors except as expressly authorized by these Terms.
The Site(s) are controlled, operated and administered by Winnergies llc. from our offices within the USA. If you access the Site(s) from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Winnergies llc. content accessed through Site(s) in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
The information provided on these Site(s) does not, and is not intended to, constitute legal advice or public adjusting. Instead, all information, content, and materials available on these Site(s) are for general information purposes only. Information on these Site(s) may not constitute the most up-to-date legal or other information.
Readers of these Site(s) should contact their attorney and/or public adjuster to obtain advice with respect to any particular legal and/or insurance matter. No reader, user, or browser of these Site(s) shall act or refrain from acting on the basis of information on this site without first seeking advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable and appropriate to your particular situation.
Winnergies does not endorse specific businesses. Businesses listed on the Locator tool, and/or referred to on Site(s) are independently owned and may have paid or been paid to appear on Site(s). Winnergies makes no representation that the quality of repairs or services performed by any business will be greater, or less, than repairs or services performed by any other business.
You agree to indemnify, defend and hold harmless Winnergies llc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site(s) services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Winnergies llc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Winnergies llc. in asserting any available defenses.
Class Action Waiver
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE(S) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WINNERGIES LLC., AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE(S) AT ANY TIME.
WINNERGIES LLC., AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE(S) FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WINNERGIES LLC., AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WINNERGIES LLC. reserves the right, in its sole discretion, to terminate your access to the Site(s) and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site(s). Use of the Site(s) is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Winnergies LLC. as a result of this agreement or use of the Site(s). Winnergies llc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WINNERGIES LLC.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site(s) or information provided to or gathered by Winnergies llc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Winnergies llc. with respect to the Site(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Winnergies llc. with respect to the Site(s). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
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Effective as of August 18, 2022