Mobile Application End User License Agreement and Terms of Use
This Mobile Application End User License Agreement and Terms of Use (“Agreement”) is a binding agreement between you (“End User” or “you” or “Licensee”) and McCluskey Chevrolet, Inc. (“Company”). This Agreement governs your use of the mobile application, M-Bucks (including all related documentation and content, the “Application”). The Application is licensed, not sold, to you.
BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and nontransferable license to:
(a) download, install and use the Application for your personal use on a single mobile device owned or otherwise controlled by you (“ Mobile Device”) strictly in accordance with the Application’s documentation; and
(b) access, download and use on such Mobile Device the content made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.
2. License Restrictions. Licensee shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; or
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time.
3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company, and its licensors and service providers, reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information. You may be required to, or you may choose to, provide certain information about yourself or others when downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
5. Terms of M-Bucks.
(a) The Application will permit you to (1) submit contact information of third party persons (“Leads”) directly to the Company; and (2) post on your social media website a link to a website hosted by the Company on which Leads may provide their own contact information. If, as a result of (1) or (2) (each, a “Referral”), a Lead purchases or leases a new or used vehicle from Company, you will receive $250 worth of “M-Bucks” for each such purchase or lease that will be stored in an account (your “Account”) associated with a unique identifying number for your use. Company is not responsible for the loss or theft of any such identifying number.
(b) M-Bucks are not redeemable for cash and are not transferable. M-Bucks may be redeemed only to offset, in an equal dollar amount, the purchase price of goods or services provided by (1) McCluskey Chevrolet, located at 9673 Kings Automall Drive, Cincinnati, Ohio 45249; (2) McCluskey Chevrolet, located at 435 E. Galbraith Road, Cincinnati, Ohio 45215; or (3) McCluskey Automotive, located at 9024 Colerain Avenue, Cincinnati, Ohio 45251. McCluskey Bucks will expire after 36 months from the date they are credited to your Account. Unless waived by Company, M-Bucks may not be used in combination with any other promotion offered by Company.
(c) If a Lead purchases or leases a new or used vehicle from Company as a result of a Referral from more than one person, the Lead may allocate the resulting award of M-Bucks among such persons in the Lead’s sole discretion.
(d) If you redeem $600 or more in M-Bucks in any calendar year, you agree to provide Company with all information reasonably requested by Company to complete all tax forms, such as Form 1099, Company is required to or desires to deliver.
6. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
7. Term and Termination.
(a) The term of Agreement commences when you download and install the Application and will continue in effect until terminated by you or Company as set forth in this Section 7.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
(c) Company may, in its sole discretion and for any or no reason, terminate this Agreement, including terminating your ability to redeem M-Bucks already accrued in your Account. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
(e) Termination will not limit any of Company’s rights or remedies at law or in equity.
8. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
10. Indemnification. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through this Application.
11. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
12. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in Cincinnati and Hamilton County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
14. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Mobile App Privacy Policy
Last modified: 4/21/2015
Introduction
McCluskey Chevrolet, Inc. (“ Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:
· The types of information we may collect or that you may provide when you download, install, register with, access or use the mobile application, M-Bucks (the “App”).
· Our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies only to information we collect in this App and other electronic communications sent through this App.
This policy DOES NOT apply to information that:
· We collect offline or on any other Company websites, including websites you or others may access through this App.
· You provide to or is collected by any third party.
Our websites and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use this App. By downloading, registering with or using this App, you agree to this privacy policy. This policy may change from time to time (see “CHANGES TO OUR PRIVACY POLICY”). Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children under the Age of 13
The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [CONTACT INFORMATION].
Information We Collect and How We Collect It
We collect information from and about users of our App and others directly from you when you provide it to us or upload it to the App. When you download, register with or use the App, we may ask that you provide information:
· by which you or others may be personally identified, such as name, telephone number or email address (“personal information”).
· That is about you but individually does not identify you, such as photos of you or that you take.
This information includes:
· Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App or making a referral through the App.
· Photos that you may upload to the App.
You may provide information to be published or displayed (“Posted”) on public areas of websites you access through the App (collectively, “ User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
How We Use Your Information
We use information that we collect about you or others (“Leads”) that you provide to us, including any personal information, to:
· Provide you with the App and its contents, and any other information, products or services that you request from us.
· Contact you or Leads about goods and services that may be of interest to you or them.
· Add or remove “M-Bucks” from your “Account” (as those terms are defined in the Mobile Application End User License Agreement and Terms of Use between you and us (the “App EULA”).
· Fulfill any other purpose for which you provide it.
· Give you notices about your account, such as expiration notices.
· Carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
· Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
Disclosure of Your Information
We may disclose aggregated information about you or others we collect through the App, and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide:
· To our subsidiaries and affiliates.
· To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about our App users is among the assets transferred.
· To fulfill the purpose for which you provide it. For example, if you provide us with contact information for a Lead, we may contact the Lead and disclose your name to the Lead to ensure the proper crediting of McCluskey Bucks.
· For any other purpose disclosed by us when you provide the information.
· With your consent.
· To comply with any court order, law or legal process, including to respond to any government or regulatory request.
· To enforce our rights arising from any contracts entered into between you and us, including the App EULA.
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others.
Accessing and Correcting Your Personal Information
You can review and change your personal information by logging into the App and accessing your account profile. You may add or delete photos you have uploaded to the App by logging into the App and accessing those photos.
You may add, edit or delete User Contributions by logging into the App and accessing those User Contributions. If you delete User Contributions, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by others.
Information provided to us about Leads may not be changed by you once submitted to us through the App. If you have submitted any incorrect information about a Lead, please make a new Referral (as that term is defined in the App EULA).
Data Security
We have implemented measures designed to secure your and others’ personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, or a unique identifying number associated with your Account (your “Account Number”), you are responsible for keeping that password and your Account Number confidential. We ask you not to share your password or Account Number with anyone.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
Changes to Our Privacy Policy
We may update our privacy policy from time to time. If we make material changes to how we treat personal information provided by our users, we will post the new privacy policy on this page and send you an in-App alert that will appear the first time you use the App after we make the change.
The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active phone number for you, for ensuring that the mobile device on which you use the App has access to the internet, and for periodically visiting this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at 9673 Kings Automall Dr Cincinnati, OH 45249 or telephone 513-761-1111