Effective Date: May 31, 2018
For the avoidance of doubt, this Agreementexpressly applies to: (a) your access to and use of the sites; (b) any and alltransactions between you and Hyundai relating to or arising out of the sites,including for the provision or support of any products or services relating toyour relationship with Hyundai, and (c) your access to and use of calculators,research tools, text, pictures, graphics, logos, button items, icons, images,works of authorship and other information and all revisions, modifications, andenhancements thereto contained in the sites.
You may not use or enroll in or purchaseany products or services, and you may not accept this Agreement, if you are notof a legal age to form a binding contract with Hyundai. If you accept thisAgreement, you represent that you have the capacity to be bound by it or if youare acting on behalf of a company or entity that you have the authority tobind. Before you continue, you should print or save a local copy of thisAgreement for your records.
1. OWNERSHIP OF THE SITE
The site is protected by United States andinternational copyright, trademark, and other intellectual property laws.Hyundai websites may offer featured articles, pictures, information, images,surveys, contests and sweepstakes, advertising, logos, trademarks, audio,video, text, data, music, sound, graphics, photographs, videos, software, andother content and materials on the site (collectively referred to hereinafteras “Content,” but excluding specifically User Content as defined below) we hopewill be of interest to our visitors. The Content may not be copied, reproduced,published, republished, uploaded, posted, displayed, transmitted, modified,used to prepare derivative works, distributed, or redistributed in any way inany medium whatsoever now known or later invented, except that you may downloadone copy of the Content on any single computer for your personal, noncommercialhome use only, provided you retain all trademark, copyright and otherproprietary notices displayed on, embedded in, or otherwise appearing in anyContent. Any attempt to modify the Content or to use the Content for any otherpurpose constitutes a violation of our copyright and other proprietary rights,and may subject you to injunctive relief, statutory damages, and otherpenalties. The use of any such material on any other website or networkedcomputer environment is prohibited without the express written permission ofHyundai. Hyundai makes no representations or warranties that the Content isavailable, appropriate, or legal to access. Except for User Content (ashereinafter defined), all Content posted on or otherwise available via the siteis owned by Hyundai or used by Hyundai with authorization. Please feel free tobrowse the site, but you must respect the rules and restrictions set forth inthese TOU and our intellectual property rights as set forth in these TOU. Noright, title or interest in or to the site or any Content is transferred toyou, and all rights not expressly granted in these TOU are reserved by Hyundai.Please note that downloading software, information, data, images, or otherContent from the site does not give you title or other rights to such Content.
2. RESTRICTIONS ON THE USE OF THE SITE
As a condition of using the site, you agreethat you will not:
(a) Without the prior written consent ofHyundai, modify, distribute, transmit, display, perform, reproduce, publish,license, create derivative works of, transfer, or sell any Content;
(b) Remove, obscure, or otherwise modifyany copyright, trademark, confidentiality, or other proprietary rights noticesdisplayed on, embedded in, or otherwise appearing in any Content;
(c) Submit, display, or transmit any UserContent (as hereinafter defined) that infringes any patent, trademark, tradesecret, copyright, or other proprietary rights of any party, or User Contentthat you do not own or have the necessary and appropriate rights to makeavailable under any law or under contractual or fiduciary relationships;
(d) Submit, display, or transmit any UserContent that exceeds Hyundai’s capacity limits;
(e) Submit, display, or transmit any spam,duplicative messages, unauthorized promotions or advertisements, surveys,contests, chain letters, or pyramid schemes;
(f) Forge headers, create a false identity,or otherwise manipulate identifiers in order to deceive others or disguise theorigin of any User Content transmitted to or via the site;
(g) Use the site to threaten, defame,abuse, assault, stalk, harass, or otherwise violate the rights of any otherperson or entity, including, without limitation, rights of privacy or publicity;
(h) Publish, post, display, offer, ordisseminate any profane, obscene, indecent, unlawful, terroristic, violent, orhateful User Content;
(i) Collect, store, publish, post, sell,transmit, or disclose personal data about other users of the site;
(j) Use the site in any way that violatesany applicable law regulation; or
(k) Monitor or copy Content other than asexpressly authorized under these TOU.
3. SITE SECURITY USE RESTRICTIONS
(a) Use any robot, “bot,” spider, crawler,engine, device, software, tool, routine, or any other automatic device or manualprocess of any kind on the site for any purpose whatsoever without our writtenpermission;
(b) Engage in any activity that interfereswith the proper working of or access to the site or to any host or network;
(c) Attempt to access data or informationnot intended for you or log onto a server or account that you are notauthorized to access;
(d) Access or attempt to access any systemor servers on which the site is hosted or modify or alter the site in any way;
(e) Upload or otherwise transmit files thatcontain viruses, worms, Trojan horses, malicious code, spyware, adware,sniffers, corrupted files, or similar software or programs;
(f) Restrict or prevent any other user fromusing the site and/or any products, services, or Content posted on or offeredthrough the site;
(g) Post or upload User Content (ashereinafter defined) that disrupts the normal flow of dialogue with anexcessive amount of User Content (flooding attack) to the site, or thatotherwise negatively affects other users’ ability to use the website; or
(h) Link to, frame, or otherwise reproducethe site or any other Hyundai website without the prior written consent ofHyundai.
Hyundai reserves the right to investigateany violations of its system, network, or website security, to involve andcooperate with law enforcement authorities in investigating such violations,and to prosecute violators to the fullest extent of the law.
4. DISPUTE RESOLUTION POLICY: BINDINGARBITRATION
MOST CUSTOMER CONCERNS CAN BE RESOLVEDQUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CONTACTING HYUNDAI’S CUSTOMERSERVICE DEPARTMENT AT email@example.com ORCALLING 800-633-5151. IN THE UNLIKELY EVENT THAT HYUNDAI'S CUSTOMER SERVICEDEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE THOSEDISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTSOF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TOTHE TERMS OF THIS AGREEMENT. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT INCOURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWSFOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEWBY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CANAWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUALBASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONSOR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. HYUNDAI WILL PAY ALL ADMINISTRATIVECOSTS OF THE ARBITRATOR, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOTFRIVOLOUS OR BROUGHT IN BAD FAITH. HOWEVER, IN ARBITRATION, BOTH YOU ANDHYUNDAI WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THESAME EXTENT AS YOU WOULD BE IN COURT.
(a) Hyundai and you agree to arbitrate anyand all disputes and claims between us arising out of or relating to thisAgreement, use of the sites, or products, services, or programs you purchase,enroll in or seek product/service support for, whether you are a Visitor orCustomer, via the sites or through mobile application, except any disputes orclaims which under governing law are not subject to arbitration, to the maximumextent permitted by applicable law. This agreement to arbitrate is intended tobe broadly interpreted and to make all disputes and claims between us subjectto arbitration to the fullest extent permitted by law. However, any dispute youor we may have relating to copyrights or other intellectual property (as setforth in Section 5 below) shall not be governed by this agreement to arbitrate.For the avoidance of doubt, this means that any claims you or we may haverelating to intellectual property rights against the other, including injunctiveand other relief sought, may be brought in a court of competent jurisdiction.The agreement to arbitrate otherwise includes, but is not limited to:
claims based in contract, tort, warranty,statute, fraud, misrepresentation or any other legal theory; claims that arosebefore this or any prior Agreement (including, but not limited to, claimsrelating to advertising); claims that are currently the subject of purportedclass action litigation in which you are not a member of a certified class;claims relating to your vehicle for which you seek product or service supportvia the sites; claims arising out of or relating to the Telephone ConsumerProtection Act; claims relating to your data privacy or information security;and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision,references to "Hyundai," "you," and "us" shallinclude our respective parent entities, subsidiaries, affiliates, agents,employees, predecessors in interest, successors and assigns, websites of theforegoing, as well as all authorized or unauthorized users or beneficiaries ofservices, products or information provided or made available under this orprior Agreements between us relating to or arising from any aspect of your useor access of the sites. Notwithstanding the foregoing, either party may bringan individual action in small claims court. You agree that, by entering intothis Agreement, you and Hyundai are each waiving the right to a trial by juryor to participate in a class or representative action to the maximum extentpermitted by law. This Agreement evidences a transaction in interstatecommerce, and thus the Federal Arbitration Act governs the interpretation andenforcement of this arbitration provision. This arbitration provision shallsurvive termination of this Agreement or your relationship with Hyundai for anyreason.
(b) A party who intends to seek arbitrationmust first send to the other, by certified mail, a written Notice of Dispute("Notice''). The Notice to Hyundai should be addressed to: ConsumerAffairs, Hyundai Motor America, Legal Department, 10550 Talbert Avenue,Fountain Valley, CA 92728-0850. ("Notice Address''). The Notice mustdescribe the nature and basis of the claim or dispute and set forth the specificrelief you seek from Hyundai ("Demand''). If Hyundai and you do not reachan agreement to resolve the claim within 30 days after the Notice is received,you or Hyundai may commence an arbitration proceeding. During the arbitration,the amount of any settlement offer made by Hyundai or you shall not bedisclosed to the arbitrator until after the arbitrator determines the amount,if any, to which you or Hyundai is entitled. In arbitration, and to the extentotherwise permitted by law, the parties may exchange “offers of compromise” orstipulate to judgments or awards in the same way the parties could in court,including for example, under California Code of Civil Procedure Section 998 forarbitrations taking place in California. Such offers of compromise shall havethe same force and effect as they would in a court proceeding. The arbitrationproceedings shall otherwise remain confidential, except for purposes of seekingcourt intervention (if necessary).
You may obtain more information aboutarbitration from www.adr.org
(c) After Hyundai receives notice at theNotice Address that you have commenced arbitration, it will promptly reimburseyou for your payment of the filing fee. The filing fee currently is $200, butis subject to change by the arbitration provider. The arbitration will begoverned by the Consumer Arbitration Rules (the "AAA Rules") of theAmerican Arbitration Association ("AAA"), as modified by thisAgreement, and will be administered by the AAA. The AAA Rules are availableonline at www.adr.org, by calling the AAA at1-800-778-7879, or by writing to the Notice Address. The AAA Rules may changefrom time to time, and you should review them periodically.
All issues are for the arbitrator todecide, including the scope and enforceability of this arbitration provision aswell as the Agreement´s other terms and conditions, and the arbitrator shallhave exclusive authority to resolve any such dispute relating to the scope andenforceability of this arbitration provision or any other term of thisAgreement including, but not limited to any claim that all or any part of thisarbitration provision or Agreement is void or voidable. However if putativeclass or representative claims are initially brought by either party in a courtof law, and a motion to compel arbitration is brought by any party, then thecourt shall decide whether this agreement permits class proceedings. For theavoidance of doubt, the court and arbitrator shall be bound by the terms ofthis Agreement, including with regard to the class and representative waiverprovision. In any arbitration, the arbitrator shall be bound by the terms ofthis Agreement and shall follow the applicable law. The arbitrator shall nothave the power to commit manifest errors of law or legal reasoning, and anyaward rendered by the arbitrator that employs a manifest error of law or legalreasoning may be vacated or corrected by a court of competent jurisdiction forany such error. Unless Hyundai and you agree otherwise, any arbitration will begoverned by the substantive laws of your state, and hearings will take place inthe county (or parish) of your billing or registered address. Case managementand other hearings shall be heard via telephone unless otherwise agreed to.Except as otherwise provided for herein, Hyundai will pay all AAA filing,administration and arbitrator fees for any arbitration initiated in accordancewith the notice requirements above. If, however, the arbitrator finds thateither the substance of your claim or the relief sought in the Demand isfrivolous or brought for an improper purpose (as measured by the standards setforth in Federal Rule of Civil Procedure 11(b)), then the payment of all suchfees will be governed by the AAA Rules. In such case, you agree to reimburseHyundai for all monies previously disbursed by it that are otherwise yourobligation to pay under the AAA Rules.
(d) Discovery and/or the exchange ofnon-privileged information relevant to the dispute will be governed by the AAARules.
(e) YOU AND HYUNDAI AGREE THAT EACH MAYBRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOTAS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDINGTO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph (e) isfound to be unenforceable in its entirety, then the entirety of thisarbitration provision shall be null and void. However, if only a portion ofthis subparagraph (e) is found to be unenforceable, then the unenforceableportion of the provision shall be stricken, and the remainder of subparagraph(e) enforced. Any claims or causes of action seeking relief not subject toindividual arbitration under applicable law shall be stayed in a court ofcompetent jurisdiction pending completion of individual arbitration to themaximum extent permitted by law.
(f) Notwithstanding any provision in thisAgreement to the contrary, we agree that if Hyundai makes any change to thisarbitration provision (other than a change to the Notice Address) after yourenrollment in a service or program or your use of the sites, you may reject anysuch change and require Hyundai to adhere to the language in this arbitrationprovision as written at the time of your enrollment or purchase if a disputebetween us arises, by providing Notice to Hyundai at the Notice Address insubsection (b) above.
5. PROCEDURES FOR MAKING COPYRIGHTINFRINGEMENT CLAIMS
It is our policy to respond appropriatelyto notices of alleged infringement that comply with the Digital MillenniumCopyright Act (“DMCA”), including by removing or disabling access to materialclaimed to be the subject of infringing activity. If you are a copyright owner,or are authorized to act on behalf of a copyright owner, please notify ourdesignated DMCA agent immediately to report alleged copyright infringementtaking place on the site at: firstname.lastname@example.org,or by mail at Hyundai Motor America, Legal Department, 10550 Talbert Avenue,Fountain Valley, California 92708. DMCA notices must be in writing and mustinclude the following information:
(a) Your full legal name and yourelectronic or physical signature;
(b) A description of the copyrighted workthat you claim has been infringed;
(c) The URL of the site and a descriptionof where the material that you claim is infringing is located on that site;
(d) Your address, telephone number, andemail address;
(e) A statement by you that you have a goodfaith belief that the alleged infringing material is not authorized by thecopyright owner, its agent, or the law; and
(f) A statement by you, made under penaltyof perjury, that all the information in your notice is accurate, and that youare either the copyright owner or authorized to act on the behalf of the ownerof an exclusive right that is allegedly infringed.
6. TRADEMARKS AND PROPRIETARY RIGHTSNOTICES
All trademarks, logos, trade names, orservice marks (collectively, the “Marks”) mentioned, used, or displayed on thesite are either owned by Hyundai or otherwise are authorized for our use. Youmay not display or reproduce the Marks other than with the prior writtenconsent of Hyundai. You may not remove, obscure, or otherwise modify anycopyright, trademark, confidentiality, or other proprietary rights noticesdisplayed on, embedded in, or otherwise appearing in any Content offered by,viewed on, or received through the site or any other Hyundai website. We mayseek appropriate legal action in a court of competent jurisdiction to enforcethese and other intellectual property rights, subject to the exception(s) setforth in Section 4 and 5 above.
7. USER CONTENT
8. CHATBOT AND MANAGED CHAT FUNCTIONALITYCONSENT AND DISCLAIMERS
You must meet any age, geographic, or othereligibility requirements specified at each site to subscribe to a magazine,publication, product, or service that we offer, to order anything online, toparticipate in certain contests, games or sweepstakes, or to access orparticipate in certain services at or areas of our sites. By registering atthose sites, or for those features or services, you represent that you complywith applicable restrictions. E-commerce areas may include additionalrestrictions on purchases, return policies, delivery schedules, and the like,depending on individual site and vendor policies.
10. ONLINE SHOPPING
Subscriptions and other services requiringpayment generally require use of a valid credit card. Hyundai and its businesspartners reserve the right, in their sole discretion, to establish otheracceptable alternative payment methods for specific services or products,including via mobile application. You are solely responsible for charges owedfor all goods and services purchased through the site, including, but notlimited to, applicable taxes, shipping charges, insurance, and any other costs.If you are making online payments of any kind, , you represent and warrant tothe best of your knowledge that (a) any credit card, debit card and bankaccount information you supply is true, correct and complete, (b) chargesincurred by you will be honored by your credit/debit card company or bank, (c)you will pay the charges incurred by you in the amounts posted, including anyapplicable taxes, and (d) you are the person in whose name the card was issuedand you are authorized to make a purchase or other transaction with therelevant credit card and credit card information. Furthermore, you agree andauthorize us to: (i) submit a transaction using the card or financialinformation provided, (ii) in the case of automatic recurring transactions,submit a transaction on a recurring basis (e.g., monthly or annual basis) forrenewals, (iii) if necessary, obtain automatic updates from card issuers orfinancial institutions for cards or account information provided to us, (iv) ifnecessary, bill you, in a prorated manner (as required), in accordance with theparticular fee terms for the product or service you are purchasing or enrollingin, and (v) if necessary (and applicable) bill your mobile carrier via a mobileapplication if you authorize us to do so. You may cancel your services forongoing transactions/services at any time by calling customer care or by usingany other method specified on the sites (such as by logging in to youraccount).
12. LINKS AND THIRD PARTY SITES
The website may contain links to and fromthird party sites, including, but not limited to, sites operated byadvertisers, vendors, and/or promotional or business partners. Sites ande-commerce opportunities operated by third parties are subject to terms andconditions set by those parties, so you should check each third party site tobe sure you understand the terms, conditions, policies, and requirements ofthat third party site. Hyundai does not endorse, and the inclusion of any linkon the site does not imply an endorsement of, any individual vendor,advertiser, or other third party or any of their products or services, andHyundai has not taken any steps to confirm the accuracy or reliability of anyof the information provided by any third party. Hyundai has no control over:(a) the quality, safety, or legality of any item advertised or listed by anythird party, including vendors, advertisers, or other business partners; or (b)the content of, or any products or services offered by, websites operated bythird parties. Hyundai does not guarantee that you will be satisfied withproducts or services purchased from vendors, advertisers, or other thirdparties that link to or from any Hyundai website. You acknowledge and agreethat Hyundai has not reviewed all of the third party sites linked to or from thewebsite, does not endorse such third party sites, is not responsible for suchthird party sites, and under no circumstances shall Hyundai be liable for thecontents, products or services of any off-site pages or of any third partysites linked to or from the website. Your linking to any other off-site pagesor other third party sites is at your own risk. Vendors and advertisers aresolely responsible for the accuracy of the information they provide, forwarranties and guarantees on goods or services sold, for delivery schedules,and for return policies.
13. COMMUNITY CODE OF CONDUCT
Some websites operated by Hyundai may offercommunity features, such as internal messaging systems, bulletin boards,forums, or chat rooms. We do not monitor, filter, censor, edit, or regulateinformation and content provided by third parties on the website, includinginformation provided in community areas, although we reserve the right to do soin our sole discretion, with or without notice. Hyundai does not endorse orwarrant the accuracy or reliability of User Content posted or uploaded by usersor third parties. You agree that neither Hyundai nor its affiliates, officers,directors, employees, agents, licensors, or licensees are responsible for anyUser Content, and agree to hold them harmless from any liability associatedwith such User Content posted by other users and other third parties.
When participating in community areas ofthe website, you represent and warrant that you have the right andauthorization to use any User Content you upload or post, and you license toHyundai the right to use such User Content in accordance with these TOU. Inaddition to complying with the terms, conditions and restrictions set forthelsewhere in these TOU, including the restrictions in Section 2, you furtherrepresent and warrant that you will abide by the following rules:
(a) You will not use the website to furtherany illegal purpose, to violate the rights of any party, or to damage anyperson or property.
(b) Except as specifically authorized oncertain Hyundai websites and in designated classified ads sections of Hyundaiwebsites, you will not: (i) upload or otherwise post User Content with acommercial purpose, including, but not limited to, offers to sell products orservices or attempts to solicit funds or to advertise products or services;(ii) post or upload User Content that constitutes or contains "affiliatemarketing," "link referral code," "junk mail,""spam," "chain letters," "pyramid schemes,"unsolicited commercial advertisement, behavioral or viral marketing, or otherspam; (iii) email such User Content to other users who have not indicated inwriting that it is okay to contact them about other commercial services,advertisements, products, or commercial interests; or (iv) post or upload UserContent that includes links to commercial services or websites.
(c) You will not post or upload UserContent that impersonates any person or entity, including, but not limited to,a Hyundai employee, or falsely states or otherwise misrepresents youraffiliation with a person or entity.
(d) You will not post or upload UserContent that includes personal or identifying information about another personwithout that person's explicit consent.
(e) You will not post or upload UserContent that is false, deceptive, misleading, deceitful, misinformative, orconstitutes "bait and switch."
(f) You will not post or upload UserContent that advertises any illegal service or the sale of any items the saleof which is prohibited or restricted by any applicable law.
(g) You will not repeatedly post the sameor similar User Content or otherwise impose an unreasonable ordisproportionately large burden on our technology infrastructure.
(h) You will not use any form of automateddevice or computer program (including "bots") that enables thesubmission of postings or User Content on any Hyundai website without eachposting being manually entered by the author thereof, including, withoutlimitation, the use of any such automated posting device to submit postings inbulk, or for automatic submission of postings at regular intervals. You willnot engage in any “web-scraping” of Hyundai’s site.
(i) You will not use a posting agent topost User Content to any Hyundai website.
15. LIMITATION OF WARRANTIES
HYUNDAI PROVIDES THE WEBSITE AND THECONTENT, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON OR SUPPORTED THROUGHTHE WEBSITE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND,EXPRESSED, IMPLIED, OR STATUTORY, OTHER THAN (IF APPLICABLE) THE WARRANTYPROVIDED TO YOU UNDER THE HYUNDAI ASSURANCE PROGRAM. HYUNDAI SPECIFICALLYDISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE AND NONINFRINGEMENT, UNLESS OTHERWISE EXPRESSLY STATED TO THE MAXIMUMEXTENT PERMITTED BY LAW.
Some states may not allow the exclusion ofimplied warranties, so check local laws.
HYUNDAI DOES NOT WARRANT THAT THE CONTENTOR SERVICES AT THE SITE OR FUNCTIONS CONTAINED IN THE MATERIALS AT THE SITEWILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OROTHER HARMFUL COMPONENTS, THAT ALL PRODUCTS OR SERVICES LISTED, SOLD, ORADVERTISED ARE AVAILABLE, OR THAT ALL TRANSACTIONS WILL BE COMPLETED. NEITHERHYUNDAI NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,REPRESENTATIVES, AGENTS, LICENSORS, OR LICENSEES WARRANT OR MAKE ANYREPRESENTATIONS THAT THE CONTENT, MATERIALS, OR INFORMATION CONTAINED AT THESITE ARE CORRECT, ACCURATE, COMPLETE, UP TO DATE, AND/OR RELIABLE.
16. LIMITATION OF LIABILITY
Some states do not allow the limitation ofliability, so check local laws.
17. CLASSIFIED ADVERTISEMENTS
Some of our websites may provide a forum(such as classified advertisements) in which non-Hyundai affiliated sellers andbuyers may be connected. By engaging in transactions with buyers or sellersthat you meet via one of our websites, you proceed solely at your own risk andyou agree that Hyundai is not responsible for any damages, losses, or injurythat you might sustain as a result of your transactions with such buyers andsellers. You should not engage in any transaction with a person with whom youare not comfortable or whom you suspect might be engaged in improper orquestionable conduct. Please be aware that Hyundai, through certain of itswebsites, merely provides a forum in which buyers and sellers can connect.Neither Hyundai nor its websites posting classified advertisements facilitateany transaction, insure any transaction, or act as an intermediary, broker, orescrow agent in connection with such buyer-seller transactions.
You should be very careful before you sendmoney to any person posting an advertisement on one of our sites. Inparticular, we urge you to use reputable and well-known money-transfer servicesand online merchant account services (such as PayPal) when engaging intransactions with sellers of goods advertised on one of our websites. We urgeyou to proceed with extreme caution in using such money transfer services, andunder no circumstances should you deliver cash to a money transfer service withinstructions to disburse the funds to an alleged agent of Hyundai or thewebsite on which the classified advertisement was posted. Again, neitherHyundai nor its websites posting classified advertisements act as a transactionintermediary or escrow agent, and you should not do business with any buyer orseller who directs you to work with an employee or agent of Hyundai or theapplicable website in completing the transaction.
18. INDEMNITY AND HOLD HARMLESS
You agree to hold Hyundai and itsaffiliates, officers, directors, employees, representatives, agents, licensors,and licensees harmless from any and all claims, demands, attorneys’ fees,damages (actual and consequential) of every kind or nature, known and unknown,disclosed or undisclosed, arising out of, or any way connected with the use ofthe site, any transaction occurring through the site, the safety or quality ofany goods or services purchased or sold through the site, or the truth oraccuracy of any claim made about such goods or services. To the maximum extentpermitted by law,California residents expressly agree to waive California CivilCode Section 1542, which states: “A general release does not extend to claimsthat the creditor does not know or suspect to exist in his or her favor at thetime of executing the release, which, if known by him or her, must havematerially affected his or her settlement with the debtor.” Residents ofCalifornia are entitled to the following specific consumer rights information:you may contact the Consumer Information Center at (800) 952-5210 or email@example.com of the CaliforniaDepartment of Consumer Affairs for consumer inquiries, or you may write to theDepartment of Consumer Affairs at the following address: Department of ConsumerAffairs, Consumer Information Division, 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834.
19. TERMINATION OF SERVICES
We may eliminate or terminate any Contentor product/service posted on or made available through any of our websiteswithout notice to you at any time in our sole discretion. Without limiting anyother remedy, Hyundai reserves the right, in its sole discretion, toimmediately issue a warning or to immediately, temporarily, or permanentlysuspend or terminate your participation in the site or any area of the site, andto refuse to provide our services to you if: (a) you breach these TOU or any ofthe rules or eligibility requirements of the site or the services offered atthe site; (b) we are unable to verify or authenticate any billing informationyou provide to us; or (c) we believe that your actions may cause damage, harm,or legal liability to you or to any vendor, business, or promotional partner,advertiser, other user, the public, or us.
Except with respect to notices of allegedcopyright infringement or for demands to arbitrate under the Dispute ResolutionPolicy, which must be submitted as described above, and unless explicitlystated otherwise in the site, you must provide all notices or complaints toHyundai via email to firstname.lastname@example.org ormail at Hyundai Motor America, 10550 Talbert Avenue, Fountain Valley,California 92708 or P.O. Box 20950, Fountain Valley, California 92728. Allnotices from Hyundai to you will be sent to the email or physical address youprovide to us. Notice shall be deemed given twenty-four (24) hours after theemail is sent, unless we are notified that the email address is invalid.Hyundai reserves the right to send you notice by mail via U.S. mail, overnightcarrier (with tracking), postage prepaid, to the address you provided to usduring any ordering or registration process. In such event, notice shall bedeemed given three (3) days after the date of mailing.
Hyundai reserves the right, in its solediscretion, to change, modify, add, or remove portions of these TOU at anytime, so please check the site or any other Hyundai website you useperiodically for changes. Changes to these TOU shall be effective upon posting.Continued use of the site following the effective date of any changes to theseTOU constitutes your acceptance of those changes. Each time you order, accessor use any of the sites, you signify your acceptance and agreement, withoutlimitation or qualification, to be bound by the then current TOU. However, nounilateral amendment will retroactively modify the parties’ agreed-to disputeresolution provisions of this Agreement for then-pending or existing disputes,unless the parties expressly agree otherwise in writing. In all other respects,any modification or update to the arbitration provision at Section 5 shall begoverned by subsection (f) therein.
22. GENERAL PROVISIONS
(a) Severability. If any provision of theseTOU is held to be invalid or unenforceable, it shall be stricken withoutaffecting the validity of the remaining portions of these TOU, subject to thelimitations set forth and applicable to Section 4 for Dispute Resolution.Headings are for convenience only, and are not intended to in any way confine,limit, construe, or describe the scope or extent of such section.
(b) No Waiver. No waiver by Hyundai of anybreach of these TOU by you shall constitute a waiver of this or any otherprovision of these TOU or alter or limit our right to act with respect tosubsequent or similar breaches.
(d) No Agency. You acknowledge and agreethat Hyundai, in providing the site, is not acting for or on behalf of eitheryou or any vendor, business or promotional partner, or advertiser. You and ourvendors, business or promotional partners, and advertisers are independentcontractors. No agency, fiduciary, partnership, joint venture,employer/employee, or franchiser/franchisee relationship is intended or createdby these TOU between Hyundai and either you or any vendor, business orpromotional partner, or advertiser at the site.
(e) Governing Law/Venue/Forum/Jurisdiction.Your use of the website and any dispute arising out of or relating to your useof the website, or products and services you obtain or seek support for via thewebsite, will be governed by Section 4 of this Agreement (including withrespect to the choice of law and venue for any dispute arising under theDispute Resolution Policy) and the Federal Arbitration Act. Interpretation orapplication of any provision of this Agreement shall be governed by the laws ofthe State of California, irrespective of its conflicts of laws provisions. Inthe event that court intervention is required with respect to interpretation,application or enforcement of Section 4 of this Agreement (including withoutlimitation for petitions to confirm or vacate arbitration awards), the partieshereby consent to the jurisdiction of the federal courts located in OrangeCounty, California to the maximum extent permitted by law. This provision andthe terms set forth in Section 4 of this Agreement for Dispute Resolution shallsurvive termination of your relationship with Hyundai, or termination of theAgreement.