Web Terms of Use Agreement
In consideration of SNS Group Inc (together with its parent companies, subsidiaries and affiliates, including but not limited to SNS Group Inc, SNS Services, SNS Motors, SNS Services and Parts, SNS Leasing Financing, etc., collectively referred to as “SNS” or “we”) allowing the customer also referred to as “you” to use this website and services (including its contents and services, the “Site”) and the services provided by and related to the Site, you agree to be bound by the terms and conditions of this Agreement (the “Agreement”). Independent Service Provider also referred to as (“ISP”).  You acknowledge and agree that your use of the site and services has the same effect as manually signing this agreement with SNS and creates a valid, binding contract between you and SNS. Your use of the site and services constitutes your acceptance of this Agreement. If you do not agree to the terms of this agreement, immediately stop use of this site and services.

Use of the Site
The Site and Services is the property of SNS, its licensors, dealers, vendors and contractors.  You are granted a non-exclusive, non-transferable limited license to view the Site and use the Services.
SNS reserves the right, at its discretion, to refuse access to the Site and Services or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement.

Links to Other Websites
SNS may provide links to third party websites on the Site from time to time. These links are provided as a convenience and the inclusion of any such link does not constitute an endorsement by SNS of the use of or content on such other websites.  You acknowledge and agree that SNS is not liable for any loss or damage which may be incurred by you for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk.  SNS makes no warranty or representation and disclaims any liability related to any linked websites and/or their content, and SNS is not responsible for the terms of use or privacy practices of such other websites.  You should review the privacy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the third party site.

Prohibited Use of the Site
As an express condition of your use of the Site and Services, you explicitly agree not to use this Site for any purpose that is unlawful or prohibited by this Agreement.  Also, you agree not to use the Site and Services in any way that could damage, disable, overburden, or impair the Site and Services, or interfere with others’ use of it.  Furthermore, you agree not to attempt to gain access to SNS’s computer systems or networks connected to SNS through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Site.

Trademarks
SNS and all marks owned by SNS and may not be used without the express written permission of SNS.  You may not use any SNS trademarks, service marks or trade names without the express written permission of SNS.

SNS uses trademarks, service marks, logos, graphics, designs, names, and the like from third parties for display on the Site.  Such posting is done with the permission of these third parties, and such materials are to be considered the exclusive property of the respective third parties.

Copyrights
All software and content included on the Site and Services, including all text, graphics, logos and images, is owned by SNS or third parties and is protected by United States and international copyright laws. You may view and use the content of the Site and Services in connection with your use of the Site and Services.  Any other use, including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the content of the Site is strictly prohibited, except as otherwise specifically set forth herein.  You do not acquire ownership rights to any content or other materials viewed on or through the Site.  The posting of information or materials on the Site does not constitute a waiver of any rights therein.  You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract any source code of the Site or any part thereof, unless this is expressly permitted or required by law, or unless you have been granted written permission to do so by SNS.

Disclaimer
THE SITE AND SERVICES ARE PROVIDED BY SNS ON AN “AS IS” “WHEREIS” AND “AS AVAILABLE” BASIS. VISITORS TO THE SITE AND SERVICES ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND SERVICES.  SNS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE SITE, THAT THE USE OF THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS/EXPECTATIONS OR THAT THE INFORMATION IS ACCURATE OR RELIABLE.  TO THE FULL EXTENT PERMITTED BY LAW, SNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS.  SNS MAKES NO WARRANTIES THAT USE OF THE SITE OR SERVICES AVAILABLE ON THE SITE AND SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNS OR THROUGH OR FROM THE SITE AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS

Disclaimer of Warranties
Customer agrees that you are making use of our Sales and Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

EQUIPMENT SOLD AND FINANCED
EQUIPMENT IS SOLD AS IS, WHERE IS and WITH ALL FAULTS. UNLESS EXPRESSLY STATED IN WRITING, SNS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLES AND EQUIPMENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE VEHICLES AND EQUIPMENT ARE FREE FROM LATENT DEFECTS. YOU WAIVE ANY AND ALL CLAIMS AGAINST SNS FOR DAMAGES, LOSSES, COSTS, INJURIES, PENALTIES, EXPENSES, ATTORNEYS’ FEES AND LIABILITIES OF WHATEVER NATURE WHETHER IN TORT, CONTRACT, WARRANTY OR STRICT LIABILITY (COLLECTIVELY, “SPECIFIED CLAIMS”). UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO YOU OR ANY OTHER PARTY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US (AND OUR AFFILIATES, SUBSIDIARIES AND OURS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT.

WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLES AND EQUIPMENT SOLD, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE VEHILCES AND EQUIPMENT ARE FREE FROM LATENT DEFECTS. YOU WAIVE ANY AND ALL CLAIMS AGAINST US FOR SPECIFIED CLAIMS. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO YOU OR ANY OTHER PARTY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL SPECIFIED CLAIMS.
Indemnity

YOU AGREE TO INDEMNIFY AND HOLD SNS, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, COSTS, DAMAGES, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THIS AGREEMENT OR SNS PRIVACY POLICY, YOUR USE OF THE SITE AND SERVICES, OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

Limitation of Liability
SNS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF THE SITE OR SERVICES AVAILABLE ON THE SITE, THE UNAVAILABILITY OF THE SITE, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF SNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SNS WILL NOT BE LIABLE FOR DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF THE SITE, SERVICES AND/OR SALES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE AND SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY SALES, SERVICES OR PROGRAMS PROVIDED THROUGH SNS.

THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SNS.  THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU, FROM THE SITE AND SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Privacy
In order to operate and provide the service, SNS will need to collect certain information about you. As part of the service, SNS may also automatically upload information about your computer, your use of the service, and service performance. SNS uses and protects that information as described in its online privacy statement. In particular, SNS may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of SNS or its customers, including the enforcement of its agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of SNS employees, customers, or the public.

The service is a private computer network that SNS operates for the benefit of itself and its customers. SNS retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of its efforts to protect the service, protect its customers, or stop you from breaching this contract. The technology or other means SNS uses may hinder or break your use of the service.

Governing Law, Jurisdiction and Venue
You expressly agree that exclusive jurisdiction of any dispute with SNS, or in any way relating to your use of the Site, resides in the federal or state courts located in Los Angeles County, State of California and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving SNS or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers.  This Agreement shall be governed and construed by the laws of the State of California, without respect to its conflict of laws principles. BY YOUR USE OF THIS SITE, YOU HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).

Dispute Resolution and Arbitration
In the event of a dispute between you and SNS , you agree to attempt to resolve the dispute with SNS customer service team for a period of at least thirty (30) calendar days before taking any other action. Following such period, you and SNS agree that any dispute, claim or controversy arising out of or relating to the User Agreement will be settled by binding arbitration as specified below.

Unresolved Disputes
All your disputes with us with respect to any transaction in the United States, Canada or Mexico that arise out of or in connection with this User Agreement will be arbitrated and finally resolved through the American Arbitration Association (“AAA”) in accordance with the commercial arbitration rules of the AAA before a single, neutral arbitrator mutually agreed to by the parties, or if the parties cannot agree, by striking from a list of arbitrators supplied by the AAA. The place of arbitration will be as follows based on the marketplace:

In any arbitration, the parties and AAA will comply with the following procedures: (a) the arbitration is a confidential proceeding, closed to the general public, (b) the arbitrator will be empowered to hear and determine dispositive motions, including motions to dismiss and motions for summary judgment, (c) the arbitrator will have the right to issue injunctions and attachments and other equitable remedies and award compensatory damages, and (d) any judgment on the award enforced by the arbitrator may be rendered in any court of competent jurisdiction.

English Controlling Language
All performance under this User Agreement and the resolution of disputes, including through arbitration or mediation, will be conducted in the English language. If a translation of this User Agreement into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy between the English version and any translation. If this User Agreement is provided to you in a language other than English, we do so solely for your convenience. Translations are provided “as is” and you hold us harmless from any errors or deviations between the translation and the English language version.

Power of Arbitrator or Mediator
The arbitrator or mediator will have no power to award damages for injury to goodwill or reputation, lost profits, intangible losses, or indirect, incidental, consequential, punitive, treble or any other manner of enhanced damages. The arbitrator or mediator will issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The prevailing party in any arbitration will have the right to an award of attorneys’ fees and costs. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE DISPUTE AROSE. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

Improperly Filed Legal Disputes
Any claims that are filed or brought contrary to this User Agreement will be deemed to be improperly filed and of no force and effect.

Miscellaneous
This Site, Services and these Terms of Use may be changed by SNS with or without notice and at any time.  Any modifications to this Agreement will be effective immediately upon posting on the Site.  It is your responsibility to review the Agreement each time you use the Site and Services so that you are aware of any modifications made.  Usage of the Site and Services means you accept the then current form of the Agreement.  This Agreement constitutes the entire agreement between you and SNS, and supersedes all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Site, the content, products, or services provided by or through the Site.  If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Severability
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision will be struck out and will not affect the validity and enforceability of the remaining provisions.

Assignability
In our sole discretion, we may assign this User Agreement. Users may not assign this User Agreement or their account without our prior written consent.

Our failure to exercise or enforce any right or provision of this User Agreement will not be deemed a waiver of such right or provision. Any waiver of any right, provision, term or condition must be in writing, signed by our authorized representative and be effective only for the instance specified in writing.

Amendments
We may amend this User Agreement (including any document incorporated by reference) at any time by posting the amended terms on our Site. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement.

Force Majeure
Neither party to this User Agreement will be liable for any delay or failure to comply with its obligations under this User Agreement if such delay or failure results from circumstances beyond its control. Neither party will be considered in breach of this User Agreement to the extent that any of its respective obligations (excluding payment obligations) are prevented by a force majeure event that arises after the date an obligation is due to be performed. The term “force majeure event” will mean an event beyond the control of either party that prevents one party from complying with any obligations under this User Agreement, including, but not limited to, severe weather, war or hostilities, insurrection, riot or civil unrest, strike or other labor action, environmental contamination or release of radioactive, chemical or biological agent into the atmosphere, epidemic, pandemic, terrorist act(s), cyber-attack, or similar events beyond the reasonable control of a party.

Independent Contractors
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

Third Party Rights
A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement.

Service Provider
You acknowledge that we are entitled to subcontract any of our contractual obligations related to the provision of Services described herein to third parties selected by us.

Entire Agreement
This User Agreement as modified by any Listing, and any other documents incorporated by reference into this Agreement set forth the entire understanding and agreement between you and SNS supersede all prior understandings and agreements of the parties.

Survival
The following Sections survive any termination of this User Agreement: Content, Liquidated Damages for Failure to Pay, Intellectual Property Rights, Disclaimer of Warranties; Limitation on Liability; Indemnity, Disputes Among Users and Legal Disputes.

Tax, Title, License, Registration Fees
You will be liable for all taxes, title, license, registration and surcharges or other charges imposed on the sale of Vehicles and Equipment by any taxing authority, DMV and/or other governmental agencies in your state of residence.

Electronic Communications
When you use any of our Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or posting notices on our Site or through the other Services provided through our marketplaces. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Any notice given under this User Agreement will be in writing and in English and will be served as a Receipt of Notice. Any such notice will be deemed to have been received.

Business Partners

SNS may partner with select retailers and other companies at various times to provide expanded services and to our site visitors. As part of such a relationship, we may share with these companies the use of certain interactive functions.

Agents

SNS may use other companies and individuals to perform certain functions on our behalf. Examples include, but not limited to, administering e-mail services and running special promotions. Subscribers or site visitors will never receive unsolicited messages from agents working on our behalf.

Business Transfers

In the event that SNS sells or transfers a particular portion of its business assets, consumer information may be one of the business assets transferred as part of the transaction. If substantially all of the assets of SNS are acquired, consumer information may be transferred as part of the acquisition.

Compliance with Law/Safety

SNS may disclose specific personal information based on a good faith belief that such disclosure is necessary to comply with or conform to the law or that such disclosure is necessary to protect the users of our Web sites, the sites themselves, or the public.

Use of Cookies

SNS may use a browser feature known as a “cookie.” Cookies are small files placed on your hard drive that assist us in providing you with a customized browsing experience. SNS uses cookies to provide you with the convenience of not having to reenter information, such as user IDs and passwords, multiple times during your visits to our Web sites. Cookies can also be utilized to help us provide you with information targeted to your interests, based upon your prior browsing on our Web sites. The “help” section of the toolbar on most browsers will inform you on how to prevent your browser from accepting new cookies, how to have the browser notify you upon the receipt of a new cookie, or how to disable the use of cookies completely. As our Web sites have been designed to take advantage of the use of cookies. Should you configure your browser to decline their use, certain features of our Web sites may not function correctly and you may be required to renter any user IDs and passwords more frequently.

Accessing Our Web Sites from Outside of the United States

If you are visiting our Web site from a location outside of the U.S., your connection will be through and to servers located in the U.S. Any information you provide during your visit will be processed and maintained on our Web server and other internal systems located within the U.S.

Passwords

The personal data record created through your registration with our Web site can only be accessed with the unique password associated with that record. To protect the integrity of the information contained in this record, you should not disclose or otherwise reveal your password to third parties.

Public Forums

Our Web sites may make chat rooms, forums, message boards, and/or news groups available to its users at various times. Please remember that, unless otherwise stated, any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information in these areas.

Opt-out Procedures

You may always opt-out of receiving future communications from SNS. Our sites allow users to opt-out of receiving such communications at the point where personal information is requested, or through other means as identified.

Browser-Based Do Not Track

Some browsers incorporate a “Do Not Track” (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. Because there is not yet an accepted standard for how to respond to a DNT signal, we do not currently respond to DNT signals on this website or on websites where we provide advertisements, content, or other services.

Personal and Non-commercial Use Limitation

Unless otherwise specified, SNS is for your personal and non-commercial use only. The contents, pictures, logos, and design are not to be modified, copied, distributed, reproduced, printed or published without the approval of SNS.

Member Account, Password, and Security

If any of our services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name unless one is assigned to you by a network administrator. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SNS immediately of any unauthorized use of your account or any other breach of security. SNS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SNS or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of our websites, you will not use the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the site in any manner that could damage, disable, overburden, or impair any SNS server, or interfere with any other party’s use and enjoyment of any site. You may not attempt to gain unauthorized access to any section of the site, other accounts, computer systems or networks connected to any SNS server. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through SNS sites.

Unsolicited Idea Submission Policy

SNS or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, or marketing plans. Please do not submit any original creative artwork, samples, demos, or other works. The purpose of this policy is to avoid potential misunderstandings or possible disputes of SNS’s services or marketing strategies might appear similar to ideas submitted to SNS. If despite our wishes you still submit any of the items outlined above, understand that SNS makes no assurances that your idea or materials will be treated as confidential or proprietary.

No Amendments or Waivers
These documents may not be changed, altered or amended in any way. No waiver of any of these Terms of Sale, Terms and Conditions, Limits of Liability, User Agreement and Terms of Use.

Incorporate by Reference
Incorporated by Reference herein are SNS’s policies including, but not limited to, guidelines, procedures, terms of sale, terms and conditions, limits of liability, user agreements, terms of use and privacy policy. For further information or copies please refer to our websites or contact us.

Terms of Sale /Terms and Conditions / Limits Of Liability/User Agreement/ Terms of Use

TERMS OF SALE, TERMS AND CONDITIONS, TERMS OF USE AGREEMENT
Customer (you) authorizes SNS Group Inc (together with its parent companies, subsidiaries and affiliates, including but not limited to, SNS Group Inc, SNS Services, SNS Motors, SNS Services and Parts, SNS Leasing Financing, etc., collectively referred to as “SNS” or “we”) to perform the above work described in this service order (the “Services”) and furnish all necessary parts and materials subject to the terms and conditions. Independent Service Provider also referred to as (“ISP”). Customer also referred to as (“you”) agrees to these terms and conditions by executing the service order written or verbally. You acknowledge and agree that your verbal agreement has the same effect as manually signing this agreement with SNS and creates a valid, binding contract between you and SNS.  Your use of the site and services constitutes your acceptance of this Agreement.   If you do not agree to the terms of this agreement, immediately stop use of this site and services.

NO WARRANTY
NO WARRANTIES ARE MADE, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE PARTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT SPECIFICALLY PROVIDED HEREIN OR AS OTHERWISE PROVIDED BY LAW.

NO COVERAGE FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES. THE ONLY REMEDIES THE PURCHASER HAS IN CONNECTION WITH THE PURCHASE OF PRODUCTS OR SERVICES FROM SNS ARE THOSE SET FORTH ABOVE. IN NO EVENT WILL SNS GROUP, SNS SERVICES, SNS MOTORS AND ANY COMPANY AFFILIATED WITH SNS GROUP, OR ANY FRANCHISEE OF SNS (OR ITS AFFILIATES) BE LIABLE FOR BUSINESS INTERRUPTIONS, LOSS OF SALES AND/OR PROFITS, RENTAL OR SUBSTITUTE EQUIPMENT, COSTS OF DELAY OR FOR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES, COSTS OR DAMAGES. PURCHASER ASSUMES ALL LIABILITY FOR ALL PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE HANDLING, POSSESSION OR USE OF THE PRODUCTS BY THE PURCHASER.

SNS and/or ISP makes no warranty (AS-IS) as to the parts or components supplied; any such warranty is limited to that made by the manufacturer. SNS MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE WITH RESPECT TO THE SERVICES OR PARTS OR COMPONENTS SUPPLIED.  IN NO EVENT SHALL SNS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY.

The Manufacturer’s warranty does not cover any damages or repairs due to accidents, misuse, storage damage, misapplication, negligence, modification or any other damage. The Manufacturer’s warranty does not cover the costs of shipping and or towing for necessary limited warranty work.  SNS is not responsible for any damages or costs to repair, rebuild or replace any parts or components caused by the failure of the Customer to perform required maintenance on the vehicle or to meet Manufacturer’s recommended specifications.

Limitation of Liability
Any action against SNS must be brought within 30 days after the cause of action arose.  SNS’s total liability (whether in contract, tort, negligence, strict liability, or otherwise) to Customer for any and all claims for any act or omission by SNS arising out of or related to the Services will not in the aggregate exceed the price paid by Customer to SNS under this Agreement for the Services performed on the vehicle.

SNS IN NO EVENT WILL BE LIABLE FOR DAMAGES OF ANY KIND TO CUSTOMER FOR CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS, DAMAGE OR EXPENSE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOST BUSINESS, OR LOST SAVINGS (WHETHER DIRECT OR INDIRECT), WHETHER OR NOT SNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.  SNS WILL NOT BE LIABLE FOR DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF THE SITE, SERVICES AND/OR SALES.

SNS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF THE SITE OR SERVICES AVAILABLE ON THE SITE, THE UNAVAILABILITY OF THE SITE, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF SNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SNS WILL NOT BE LIABLE FOR DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF THE SITE, SERVICES AND/OR SALES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE AND SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY SALES, SERVICES OR PROGRAMS PROVIDED THROUGH SNS.

THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SNS.  THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU, FROM THE SITE AND SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

DISPATCH AND DIRECTORY SERVICE PARAMETERS

Independent Service Provider also referred to as (“ISP”).

SNS is not responsible for any and all conduct or service handling of ISP.

SNS Dispatch Center only coordinates calls from customers who need services. SNS finds and dispatches Independent Service Providers to assist the customer with the road call and service.

WHEREAS, ISP desires to participate in SNS’s program with respect to furnishing services to customers of SNS.

WHEREAS, SNS desires to enlist ISP for the purpose of performing said services.

SNS does not guarantee, nor is responsible for the quality of products or services provided by any independent service provider (ISP) . SNS is making no representations with respect to those matters. In the event any benefit is deemed unsatisfactory to the Customer, the Customer will look solely to the provider of the product or service for rectification. Accordingly, SNS makes no warranty, expressed or implied, including but not limited to the warranty of merchantability or fitness for a particular purpose with respect to any service or products obtained by Customer. All warranties, expressed or implied, are the responsibility of the manufacturer or independent service provider (ISP). SNS’s and/or Independent Service Provider’s (ISP) liability shall not exceed your current charges paid for labor and under no circumstances shall SNS and/or Independent Service Provider (ISP) BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF PRODUCTS AND SERVICES.

Customer agrees to the following Dispatch Service Parameters for Roadside Assistance Service and Regular Service calls:

  1. Actual contact by an SNS assistance coordinator with the ISP is a requirement for dispatching calls.
  2. ISPs will be chosen based on ETAs, service capabilities, service availability and proximity to disablement location. If the ETA is not less than one (1) hour, additional ISPs will be contacted when possible. Extenuating circumstances outside of SNS’s control including but not limited to flooding, natural disasters, snow storms, inclement weather, police control or re-routing of vendor network, traffic delays, accidents and Acts of God may delay ISP response times. SNS agrees to work to obtain the best ETAs possible in light of those situations and will notify the Customer of the ETA.
  3. An SNS assistance coordinator will dispatch the call, and then SNS will contact the customer to confirm that the ISP has been dispatched.SNS will provide the customer with the ISP’s ETA and, if possible, the name of the ISP that has been dispatched. In case ISP has been dispatched and Customer elects to cancel the service call after the ISP has already been dispatched, customer will be responsible for minimum hourly (usually 2 hours minimum), outcall fee and all mileage charges.

Other Terms
Customer authorizes SNS, its employees and ISP’s to operate Customer’s vehicle on the street, highways or elsewhere for the purpose of testing and/or inspection.  An express mechanic’s lien is acknowledged on each vehicle to secure the amount due for SNS’s services for said vehicle.

Customer is providing each vehicle to SNS at its own risk and assumes all responsibility for insuring the property and all articles herein.  Customer will not hold SNS and/or ISP liable for loss or damage to its property while in SNS and/or ISP care, custody or control.  Customer waives all rights of subrogation against SNS and/or ISP for any such loss or damage.

If Customer does not pick up the vehicle within 7 days after the work is completed, a storage fee of $25 per day will be assessed until the vehicle is picked up and the bill has been paid in full.  If the vehicle is left with SNS for more than 30 days after completion of the work, the vehicle will be considered abandoned. Service charges at the highest rate permitted by law will be applied to all past due accounts.

Should it become necessary to collect this account through legal proceedings, Customer promises to pay all of SNS’s costs of collection, including court costs and attorneys’ fees.

Warning
IF SERVICE WORK HAS BEEN PERFORMED ON WHEEL NUTS OR AXLE U-BOLTS, CUSTOMER MUST RE-TORQUE THEM TO MANUFACTURER’S SPECIFICATION 25 TO 100 MILES AFTER SNS’S SERVICE WORK HAS BEEN COMPLETED.

Work Authorization
I hereby authorize (written or verbal) the above repair work to be done along with any necessary materials.   I authorize you and/or your employees permission to operate the above vehicle for the purpose of testing, inspection and/or delivery at my risk. An express mechanic’s lien is hereby acknowledged on the above vehicle to secure the amount of repairs thereto. If I cancel repairs prior to their completion for any reason, a tear-down and reassembly fee will be applied. Estimate is good for 30 days.

It is also understood that SNS and/or ISP will not be held responsible for loss or damage to vehicles or articles left in vehicles in case of fire, theft, acts of nature or any other cause beyond our control.

In the event that you, the customer, authorize commencement but do not authorize completion of a repair or service, a charge will be imposed for disassembly, reassembly or partially completed work. Such charges will be directly related to the actual amount of labor or parts involved in the inspection, repair or service.

TERMS AND CONDITIONS, WARRANTIES, RETURN POLICY

Our terms are payment on delivery. A service charge of 1 1/2 % per month will be charged if payment is not received at the completion of the service. In the event legal action is required to enforce payment, customer agrees to pay SNS all collection fees, court costs and attorney fees .

All sales and service are final. No Returns. (AS-IS)

No warranty implied or expressed is given from SNS (AS-IS). If product has warranty from manufacturer customer must contact directly with manufacturer for any and all warranties. SNS may assist the customer if needed.

All parts sold and/or installed by SNS are warranted by the manufacturer. SNS accepts no responsibility for fit, type or quality of any vendor items.

SNS may act as an agent and submit the failed part for warranty consideration This process can take up to 120 days or more for reimbursement.

Cores must be drained, assembled and in original carton.

All special ordered parts that you have made a deposit on must be picked up within ten (5) business days or your deposit will be forfeited.

All returned checks are subject to a $35.00 handling fee.

Terms and Conditions/ Limits of Liability/ Terms of Use/ User Agreement. Incorporated by Reference from SNS websites and Published Guidelines which may be requested by customer.

A 50% deposit is required before any work may begin. Any repairs and part replacement not mentioned above that were overlooked or could not be determined at the time of inspection will be charged an additional $95.00 per hour plus the cost of materials. Full payment is required upon completion of job.

No Amendments or Waivers
These documents may not be changed, altered or amended in any way.

No waiver of any of these Terms of Sale, Terms and Conditions, Limits of Liability, User Agreement and Terms of Use.

Incorporate by Reference
Incorporated by Reference herein are SNS’s policies including, by not limited to, guidelines, procedures, terms of sale, terms and conditions, limits of liability, user agreements, terms of use and privacy policy. For further information or copies please refer to our websites or contact us.

Use of the Site
The Site and Services is the property of SNS, its licensors, dealers, vendors and contractors.  You are granted a non-exclusive, non-transferable limited license to view the Site and use the Services.
SNS reserves the right, at its discretion, to refuse access to the Site and Services or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement.

Links to Other Websites
SNS may provide links to third party websites on the Site from time to time. These links are provided as a convenience and the inclusion of any such link does not constitute an endorsement by SNS of the use of or content on such other websites.  You acknowledge and agree that SNS is not liable for any loss or damage which may be incurred by you for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk.  SNS makes no warranty or representation and disclaims any liability related to any linked websites and/or their content, and SNS is not responsible for the terms of use or privacy practices of such other websites.  You should review the privacy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the third party site.

Prohibited Use of the Site
As an express condition of your use of the Site and Services, you explicitly agree not to use this Site for any purpose that is unlawful or prohibited by this Agreement.  Also, you agree not to use the Site and Services in any way that could damage, disable, overburden, or impair the Site and Services, or interfere with others’ use of it.  Furthermore, you agree not to attempt to gain access to SNS’s computer systems or networks connected to SNS through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Site.

Trademarks
SNS and all marks owned by SNS and may not be used without the express written permission of SNS.  You may not use any SNS trademarks, service marks or trade names without the express written permission of SNS.

SNS uses trademarks, service marks, logos, graphics, designs, names, and the like from third parties for display on the Site.  Such posting is done with the permission of these third parties, and such materials are to be considered the exclusive property of the respective third parties.

Copyrights
All software and content included on the Site and Services, including all text, graphics, logos and images, is owned by SNS or third parties and is protected by United States and international copyright laws.  You may view and use the content of the Site and Services in connection with your use of the Site and Services.  Any other use, including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the content of the Site is strictly prohibited, except as otherwise specifically set forth herein.  You do not acquire ownership rights to any content or other materials viewed on or through the Site.  The posting of information or materials on the Site does not constitute a waiver of any rights therein.  You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract any source code of the Site or any part thereof, unless this is expressly permitted or required by law, or unless you have been granted written permission to do so by SNS.

Disclaimer
THE SITE AND SERVICES ARE PROVIDED BY SNS ON AN “AS IS” “WHEREIS” AND “AS AVAILABLE” BASIS. VISITORS TO THE SITE AND SERVICES ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND SERVICES.  SNS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE SITE, THAT THE USE OF THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS/EXPECTATIONS OR THAT THE INFORMATION IS ACCURATE OR RELIABLE.  TO THE FULL EXTENT PERMITTED BY LAW, SNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS.  SNS MAKES NO WARRANTIES THAT USE OF THE SITE OR SERVICES AVAILABLE ON THE SITE AND SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNS OR THROUGH OR FROM THE SITE AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS

Disclaimer of Warranties

Customer agrees that you are making use of our Sales and Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

EQUIPMENT SOLD AND FINANCED
EQUIPMENT IS SOLD AS IS, WHERE IS and WITH ALL FAULTS. UNLESS EXPRESSLY STATED IN WRITING, SNS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLES AND EQUIPMENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE VEHICLES AND EQUIPMENT ARE FREE FROM LATENT DEFECTS. YOU WAIVE ANY AND ALL CLAIMS AGAINST SNS FOR DAMAGES, LOSSES, COSTS, INJURIES, PENALTIES, EXPENSES, ATTORNEYS’ FEES AND LIABILITIES OF WHATEVER NATURE WHETHER IN TORT, CONTRACT, WARRANTY OR STRICT LIABILITY (COLLECTIVELY, “SPECIFIED CLAIMS”). UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO YOU OR ANY OTHER PARTY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US (AND OUR AFFILIATES, SUBSIDIARIES AND OURS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT.

WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLES AND EQUIPMENT SOLD, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE VEHILCES AND EQUIPMENT ARE FREE FROM LATENT DEFECTS. YOU WAIVE ANY AND ALL CLAIMS AGAINST US FOR SPECIFIED CLAIMS. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO YOU OR ANY OTHER PARTY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL SPECIFIED CLAIMS.

Indemnity
YOU AGREE TO INDEMNIFY AND HOLD SNS, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, COSTS, DAMAGES, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THIS AGREEMENT OR SNS PRIVACY POLICY, YOUR USE OF THE SITE AND SERVICES, OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

Privacy
In order to operate and provide the service, SNS will need to collect certain information about you. As part of the service, SNS may also automatically upload information about your computer, your use of the service, and service performance. SNS uses and protects that information as described in its online privacy statement. In particular, SNS may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of SNS or its customers, including the enforcement of its agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of SNS employees, customers, or the public.

The service is a private computer network that SNS operates for the benefit of itself and its customers. SNS retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of its efforts to protect the service, protect its customers, or stop you from breaching this contract. The technology or other means SNS uses may hinder or break your use of the service.

Governing Law, Jurisdiction and Venue
You expressly agree that exclusive jurisdiction of any dispute with SNS, or in any way relating to your use of the Site, resides in the federal or state courts located in Los Angeles County, State of California and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving SNS or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers.  This Agreement shall be governed and construed by the laws of the State of California, without respect to its conflict of laws principles. BY YOUR USE OF THIS SITE, YOU HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).

Dispute Resolution and Arbitration
In the event of a dispute between you and SNS , you agree to attempt to resolve the dispute with SNS customer service team for a period of at least thirty (30) calendar days before taking any other action. Following such period, you and SNS agree that any dispute, claim or controversy arising out of or relating to the User Agreement will be settled by binding arbitration as specified below.

Unresolved Disputes
All your disputes with us with respect to any transaction in the United States, Canada or Mexico that arise out of or in connection with this User Agreement will be arbitrated and finally resolved through the American Arbitration Association (“AAA”) in accordance with the commercial arbitration rules of the AAA before a single, neutral arbitrator mutually agreed to by the parties, or if the parties cannot agree, by striking from a list of arbitrators supplied by the AAA. The place of arbitration will be as follows based on the marketplace:

In any arbitration, the parties and AAA will comply with the following procedures: (a) the arbitration is a confidential proceeding, closed to the general public, (b) the arbitrator will be empowered to hear and determine dispositive motions, including motions to dismiss and motions for summary judgment, (c) the arbitrator will have the right to issue injunctions and attachments and other equitable remedies and award compensatory damages, and (d) any judgment on the award enforced by the arbitrator may be rendered in any court of competent jurisdiction.

English Controlling Language
All performance under this User Agreement and the resolution of disputes, including through arbitration or mediation, will be conducted in the English language. If a translation of this User Agreement into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy between the English version and any translation. If this User Agreement is provided to you in a language other than English, we do so solely for your convenience. Translations are provided “as is” and you hold us harmless from any errors or deviations between the translation and the English language version.

Power of Arbitrator or Mediator
The arbitrator or mediator will have no power to award damages for injury to goodwill or reputation, lost profits, intangible losses, or indirect, incidental, consequential, punitive, treble or any other manner of enhanced damages. The arbitrator or mediator will issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The prevailing party in any arbitration will have the right to an award of attorneys’ fees and costs. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE DISPUTE AROSE. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

Improperly Filed Legal Disputes
Any claims that are filed or brought contrary to this User Agreement will be deemed to be improperly filed and of no force and effect.
Miscellaneous

This Site, Services and these Terms of Use may be changed by SNS with or without notice and at any time.  Any modifications to this Agreement will be effective immediately upon posting on the Site.  It is your responsibility to review the Agreement each time you use the Site and Services so that you are aware of any modifications made.  Usage of the Site and Services means you accept the then current form of the Agreement.  This Agreement constitutes the entire agreement between you and SNS, and supersedes all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Site, the content, products, or services provided by or through the Site.  If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Severability
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision will be struck out and will not affect the validity and enforceability of the remaining provisions.

Assignability
In our sole discretion, we may assign this User Agreement. Users may not assign this User Agreement or their account without our prior written consent.

Our failure to exercise or enforce any right or provision of this User Agreement will not be deemed a waiver of such right or provision. Any waiver of any right, provision, term or condition must be in writing, signed by our authorized representative and be effective only for the instance specified in writing.

Amendments
We may amend this User Agreement (including any document incorporated by reference) at any time by posting the amended terms on our Site. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement.

Force Majeure
Neither party to this User Agreement will be liable for any delay or failure to comply with its obligations under this User Agreement if such delay or failure results from circumstances beyond its control. Neither party will be considered in breach of this User Agreement to the extent that any of its respective obligations (excluding payment obligations) are prevented by a force majeure event that arises after the date an obligation is due to be performed. The term “force majeure event” will mean an event beyond the control of either party that prevents one party from complying with any obligations under this User Agreement, including, but not limited to, severe weather, war or hostilities, insurrection, riot or civil unrest, strike or other labor action, environmental contamination or release of radioactive, chemical or biological agent into the atmosphere, epidemic, pandemic, terrorist act(s), cyber-attack, or similar events beyond the reasonable control of a party.

Independent Contractors
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

Third Party Rights
A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement.

Service Provider
You acknowledge that we are entitled to subcontract any of our contractual obligations related to the provision of Services described herein to third parties selected by us.

Entire Agreement
This User Agreement as modified by any Listing, and any other documents incorporated by reference into this Agreement set forth the entire understanding and agreement between you and SNS supersede all prior understandings and agreements of the parties.

Survival
The following Sections survive any termination of this User Agreement: Content, Liquidated Damages for Failure to Pay, Intellectual Property Rights, Disclaimer of Warranties; Limitation on Liability; Indemnity, Disputes Among Users and Legal Disputes.

Tax, Title, License, Registration Fees
You will be liable for all taxes, title, license, registration and surcharges or other charges imposed on the sale of Vehicles and Equipment by any taxing authority, DMV and/or other governmental agencies in your state of residence.

Electronic Communications
When you use any of our Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or posting notices on our Site or through the other Services provided through our marketplaces. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Any notice given under this User Agreement will be in writing and in English and will be served as a Receipt of Notice. Any such notice will be deemed to have been received.

Business Partners

SNS may partner with select retailers and other companies at various times to provide expanded services and to our site visitors. As part of such a relationship, we may share with these companies the use of certain interactive functions.

Agents

SNS may use other companies and individuals to perform certain functions on our behalf. Examples include, but not limited to, administering e-mail services and running special promotions. Subscribers or site visitors will never receive unsolicited messages from agents working on our behalf.

Business Transfers

 

In the event that SNS sells or transfers a particular portion of its business assets, consumer information may be one of the business assets transferred as part of the transaction. If substantially all of the assets of SNS are acquired, consumer information may be transferred as part of the acquisition.

Compliance with Law/Safety

SNS may disclose specific personal information based on a good faith belief that such disclosure is necessary to comply with or conform to the law or that such disclosure is necessary to protect the users of our Web sites, the sites themselves, or the public.

Use of Cookies

SNS may use a browser feature known as a “cookie.” Cookies are small files placed on your hard drive that assist us in providing you with a customized browsing experience. SNS uses cookies to provide you with the convenience of not having to reenter information, such as user IDs and passwords, multiple times during your visits to our Web sites. Cookies can also be utilized to help us provide you with information targeted to your interests, based upon your prior browsing on our Web sites. The “help” section of the toolbar on most browsers will inform you on how to prevent your browser from accepting new cookies, how to have the browser notify you upon the receipt of a new cookie, or how to disable the use of cookies completely. As our Web sites have been designed to take advantage of the use of cookies. Should you configure your browser to decline their use, certain features of our Web sites may not function correctly and you may be required to renter any user IDs and passwords more frequently.

Accessing Our Web Sites from Outside of the United States

If you are visiting our Web site from a location outside of the U.S., your connection will be through and to servers located in the U.S. Any information you provide during your visit will be processed and maintained on our Web server and other internal systems located within the U.S.

Passwords

The personal data record created through your registration with our Web site can only be accessed with the unique password associated with that record. To protect the integrity of the information contained in this record, you should not disclose or otherwise reveal your password to third parties.

Public Forums

Our Web sites may make chat rooms, forums, message boards, and/or news groups available to its users at various times. Please remember that, unless otherwise stated, any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information in these areas.

Opt-out Procedures

You may always opt-out of receiving future communications from SNS. Our sites allow users to opt-out of receiving such communications at the point where personal information is requested, or through other means as identified.

Browser-Based Do Not Track

Some browsers incorporate a “Do Not Track” (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. Because there is not yet an accepted standard for how to respond to a DNT signal, we do not currently respond to DNT signals on this website or on websites where we provide advertisements, content, or other services.

Personal and Non-commercial Use Limitation

Unless otherwise specified, SNS is for your personal and non-commercial use only. The contents, pictures, logos, and design are not to be modified, copied, distributed, reproduced, printed or published without the approval of SNS.

Member Account, Password, and Security

If any of our services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name unless one is assigned to you by a network administrator. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SNS immediately of any unauthorized use of your account or any other breach of security. SNS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SNS or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of our websites, you will not use the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the site in any manner that could damage, disable, overburden, or impair any SNS server, or interfere with any other party’s use and enjoyment of any site. You may not attempt to gain unauthorized access to any section of the site, other accounts, computer systems or networks connected to any SNS server. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through SNS sites.

Unsolicited Idea Submission Policy

SNS or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, or marketing plans. Please do not submit any original creative artwork, samples, demos, or other works. The purpose of this policy is to avoid potential misunderstandings or possible disputes of SNS’s services or marketing strategies might appear similar to ideas submitted to SNS. If despite our wishes you still submit any of the items outlined above, understand that SNS makes no assurances that your idea or materials will be treated as confidential or proprietary.

No Amendments or Waivers
These documents may not be changed, altered or amended in any way. No waiver of any of these Terms of Sale, Terms and Conditions, Limits of Liability, User Agreement and Terms of Use.

Incorporate by Reference
Incorporated by Reference herein are SNS’s policies including, but not limited to, guidelines, procedures, terms of sale, terms and conditions, limits of liability, user agreements, terms of use and privacy policy. For further information or copies please refer to our websites or contact us.

Terms of Sale / Terms and Conditions / Limits Of Liability / User Agreement / Terms of Use

TERMS OF SALE, TERMS OF USE AGREEMENT
Customer, Buyer, Purchaser also referred to as “you” authorizes SNS Group Inc (together with its parent companies, subsidiaries and affiliates, including but not limited to, SNS Group Inc, SNS Services, SNS Motors, SNS Services and Parts, SNS Leasing Financing, etc., collectively referred to as “SNS” or “we” or “Seller”) to perform the above work described in this purchase contract, purchase order, service order (the “Services”) Sales, Financing, Leasing and Servicing are subject to the terms and conditions, terms of Sale below. Independent Service Provider also referred to as (“ISP”)

Customer, Buyer, Purchaser also referred to as “you” agrees to these terms and conditions, terms of sale by executing the service order written or verbally. You acknowledge and agree that your verbal agreement has the same effect as manually signing this agreement with SNS and creates a valid, binding contract between you and SNS.  Your use of the site and services constitutes your acceptance of this Agreement.   If you do not agree to the terms of this agreement, immediately stop use of this site and services.
THE CUSTOMER(S) / BUYER(S) AGREE THAT AND HEREBY STATE THAT WE HAVE INSPECTED THE VEHICLE DESCRIBED AND THAT THE

CUSTOMER(S) / BUYER(S) ARE COMPLETELY SATISFIED WITH THE CONDITION AND PERFORMANCE. THE CUSTOMER(S) / BUYER(S) ARE AWARE THAT PURCHASING THIS VEHICLE OR EQUIPMENT AS-IS AND AS EQUIPPED AND HOLD SNS HARMLESS FOR ANY AND ALL LIABILITY, ANY REPAIRS OR RECONDITIONING OF THIS VEHICLE/EQUIPMENT. THE CUSTOMER(S) / BUYER(S) ARE AWARE THAT WE HAVE THE RIGHT TO HAVE THE VEHICLE/EQUIPMENT INSPECTED BY A THIRD PARTY PRIOR TO PURCHASING IT FROM SNS.

THE CUSTOMER(S) / BUYER(S) HEREBY ACCEPT THE VEHICLE AS-IS AND AS EQUIPPED.

SNS ASSUMES NO LIABILITY FOR SAFETY AND OR ANY MECHANICAL OR STRUCTURAL DEFECTS SUCH AS FRAME DAMAGE. SNS IS NOT RESPONSIBLE FOR HISTORY OF THE TITLE (BRANDED OR SALVAGE TITLE). SNS CAN NOT GUARANTEE OR CERTIFY THAT THE MILEAGE ON VEHICLE/EQUIPMENT IS EXACT, ACTUAL AND/OR TRUE. ODOMETER READING MAY NOT SHOW THE ACTUAL MILEAGE OF SAID VEHICLE/ EQUIPMENT (TRUE MILEAGE UNKNOWN). IT IS UNDERSTOOD THAT SAID VEHICLE/ EQUIPMENT IS SOLD THROUGH SNS AS-IS WITHOUT ANY WARRANTY IMPLIED OR EXPRESSED.

THE CUSTOMER(S) / BUYER(S) UNDERSTANDS THAT THE VEHICLE IS SOLD AS-IS AND THERE ARE NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, AS TO THE CONDITION OF THE VEHICLE/EQUIPMENT MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE MADE BY SNS. THE ENTIRE RISK OF QUALITY AND PERFORMANCE IS ON BUYER, WHICH ASSUMES THE ENTIRE COST OF SERVICING OR REPAIR.

THE INFORMATION YOU SEE ON THE WINDOW FORM FOR VEHICLE/ EQUIPMENT IS PART OF THIS CONTRACT INFORMATION AND THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE.

In the event the estimated License/Registration Fees are greater than the amount shown, buyer(s)/purchaser(s) agrees to pay the excess upon demand. If they are less SNS will refund the excess to buyer(s).

Arbitration. If any dispute arises between the parties relating in any manner to this agreement, this dispute shall be settled by arbitration. Please see Terms of Sale and Terms and Conditions, Limits of Liability, User Agreement, and Terms of Use for complete details.

THERE IS NO COOLING-OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION. California law does not provide for a “cooling-off” or other cancellation period for vehicle/equipment sales. Therefore, you cannot later cancel this contract simply because you change your mind, decide the vehicle/equipment costs too much or wish you had acquired a different vehicle/equipment.

After you sign, you may only cancel this contract with the agreement of the seller or for legal cause, such as fraud. However, California Law does require a seller to offer a 2 day contract cancellation option on used vehicles with a purchase price of less than $40,000. subject to certain statutory conditions. This contract cancellation option requirement does not apply to the sale of a recreational vehicle, motorcycle, off highway motor vehicle or tractor/ trailer subject to Identification under California Law. See the vehicle cancellation option agreement for details.

FINANCING
Nothing herein shall be construed as an approval or commitment to finance or provision of other service by SNS to any person. All transactions are subject to final credit approval by SNS, the bank or financial/leasing institution and the execution of mutually satisfactory definitive documentation. Nothing contained herein shall be construed as any guarantee or promise of profitability or generation of revenue of any kind whatsoever. Nothing contained herein constitutes tax, accounting, financial or legal advice by SNS or any employee of SNS to any person.

If you default in the performance of your obligations under sales/ purchase contract, the vehicle/equipment may be repossessed and you may be subject to suit and liable for the unpaid balance.

No Amendments or Waivers
These documents may not be changed, altered or amended in any way.

No waiver of any of these Terms of Sale, Terms and Conditions, Limits of Liability, User Agreement and Terms of Use.

Incorporate by Reference
Incorporated by Reference herein are SNS’s policies including, by not limited to, guidelines, procedures, terms of sale, terms and conditions, limits of liability, user agreements, terms of use and privacy policy.   For further information or copies please refer to our websites or contact us.
THE CUSTOMER(S) / BUYER(S) HAVE READ AND FULLY UNDERSTOOD THE ABOVE AND INCORPORATED TERMS OF SALE, TERMS AND CONDITIONS, LIMITS OF LIABILITY, USER AGREEMENT AND TERMS OF USE.

NO WARRANTY
NO WARRANTIES ARE MADE, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE PARTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT SPECIFICALLY PROVIDED HEREIN OR AS OTHERWISE PROVIDED BY LAW.

NO COVERAGE FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES. THE ONLY REMEDIES THE PURCHASER HAS IN CONNECTION WITH THE PURCHASE OF PRODUCTS OR SERVICES FROM SNS ARE THOSE SET FORTH ABOVE. IN NO EVENT WILL SNS GROUP, SNS SERVICES, SNS MOTORS AND ANY COMPANY AFFILIATED WITH SNS GROUP, OR ANY FRANCHISEE OF SNS (OR ITS AFFILIATES) BE LIABLE FOR BUSINESS INTERRUPTIONS, LOSS OF SALES AND/OR PROFITS, RENTAL OR SUBSTITUTE EQUIPMENT, COSTS OF DELAY OR FOR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES, COSTS OR DAMAGES. PURCHASER ASSUMES ALL LIABILITY FOR ALL PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE HANDLING, POSSESSION OR USE OF THE PRODUCTS BY THE PURCHASER.

SNS and/or ISP makes no warranty (AS-IS) as to the parts or components supplied; any such warranty is limited to that made by the manufacturer. SNS MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE WITH RESPECT TO THE SERVICES OR PARTS OR COMPONENTS SUPPLIED.  IN NO EVENT SHALL SNS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY.

The Manufacturer’s warranty does not cover any damages or repairs due to accidents, misuse, storage damage, misapplication, negligence, modification or any other damage. The Manufacturer’s warranty does not cover the costs of shipping and or towing for necessary limited warranty work.  SNS is not responsible for any damages or costs to repair, rebuild or replace any parts or components caused by the failure of the Customer to perform required maintenance on the vehicle or to meet Manufacturer’s recommended specifications.

Limitation of Liability
Any action against SNS must be brought within 30 days after the cause of action arose.  SNS’s total liability (whether in contract, tort, negligence, strict liability, or otherwise) to Customer for any and all claims for any act or omission by SNS arising out of or related to the Services will not in the aggregate exceed the price paid by Customer to SNS under this Agreement for the Services performed on the vehicle.

SNS IN NO EVENT WILL BE LIABLE FOR DAMAGES OF ANY KIND TO CUSTOMER FOR CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS, DAMAGE OR EXPENSE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOST BUSINESS, OR LOST SAVINGS (WHETHER DIRECT OR INDIRECT), WHETHER OR NOT SNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.  SNS WILL NOT BE LIABLE FOR DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF THE SITE, SERVICES AND/OR SALES.
SNS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF THE SITE OR SERVICES AVAILABLE ON THE SITE, THE UNAVAILABILITY OF THE SITE, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF SNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SNS WILL NOT BE LIABLE FOR DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF THE SITE, SERVICES AND/OR SALES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE AND SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY SALES, SERVICES OR PROGRAMS PROVIDED THROUGH SNS.

THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SNS.  THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU, FROM THE SITE AND SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Other Terms
Customer authorizes SNS and its employees to operate Customer’s vehicle on the street, highways or elsewhere for the purpose of testing and/or inspection.  An express mechanic’s lien is acknowledged on each vehicle to secure the amount due for SNS’s Services for said vehicle.

Customer is providing each vehicle to SNS at its own risk and assumes all responsibility for insuring the property and all articles herein.  Customer will not hold SNS liable for loss or damage to its property while in SNS’s care, custody or control.  Customer waives all rights of subrogation against SNS for any such loss or damage.

If Customer does not pick up the vehicle within 7 days after the work is completed, a storage fee of $25 per day will be assessed until the vehicle is picked up and the bill has been paid in full.  If the vehicle is left with SNS for more than 30 days after completion of the work, the vehicle will be considered abandoned. Service charges at the highest rate permitted by law will be applied to all past due accounts.

Should it become necessary to collect this account through legal proceedings, Customer promises to pay all of SNS’s costs of collection, including court costs and attorneys’ fees.

Warning
IF SERVICE WORK HAS BEEN PERFORMED ON WHEEL NUTS OR AXLE U-BOLTS, CUSTOMER MUST RE-TORQUE THEM TO MANUFACTURER’S SPECIFICATION 25 TO 100 MILES AFTER SNS’S SERVICE WORK HAS BEEN COMPLETED.

Work Authorization
I hereby authorize (written or verbal) the above repair work to be done along with any necessary materials.   I authorize you and/or your employees permission to operate the above vehicle for the purpose of testing, inspection and/or delivery at my risk. An express mechanic’s lien is hereby acknowledged on the above vehicle to secure the amount of repairs thereto. If I cancel repairs prior to their completion for any reason, a tear-down and reassembly fee will be applied. Estimate is good for 30 days.

It is also understood that SNS will not be held responsible for loss or damage to vehicles or articles left in vehicles in case of fire, theft, acts of nature or any other cause beyond our control.

In the event that you, the customer, authorize commencement but do not authorize completion of a repair or service, a charge will be imposed for disassembly, reassembly or partially completed work. Such charges will be directly related to the actual amount of labor or parts involved in the inspection, repair or service.

TERMS AND CONDITIONS, WARRANTIES, RETURN POLICY

Our terms are payment on delivery. A service charge of 1 1/2 % per month will be charged if payment is not received at the completion of the service. In the event legal action is required to enforce payment, customer agrees to pay SNS all collection fees, court costs and attorney fees .

All sales and service are final. No Returns. (AS-IS)

No warranty implied or expressed is given from SNS (AS-IS). If product has warranty from manufacturer customer must contact directly with manufacturer for any and all warranties. SNS may assist the customer if needed.

All parts sold and/or installed by SNS are warranted by the manufacturer. SNS accepts no responsibility for fit, type or quality of any vendor items.

SNS may act as an agent and submit the failed part for warranty consideration This process can take up to 120 days or more for reimbursement.

Cores must be drained, assembled and in original carton.

All special ordered parts that you have made a deposit on must be picked up within ten (5) business days or your deposit will be forfeited.

All returned checks are subject to a $35.00 handling fee.

Terms and Conditions/ Limits of Liability/ Terms of Use/ User Agreement. Incorporated by Reference from SNS websites and Published Guidelines which may be requested by customer.

A 50% deposit is required before any work may begin. Any repairs and part replacement not mentioned above that were overlooked or could not be determined at the time of inspection will be charged an additional $95.00 per hour plus the cost of materials. Full payment is required upon completion of job.

No Amendments or Waivers
These documents may not be changed, altered or amended in any way.

No waiver of any of these Terms of Sale, Terms and Conditions, Limits of Liability, User Agreement and Terms of Use.

Incorporate by Reference
Incorporated by Reference herein are SNS’s policies including, by not limited to, guidelines, procedures, terms of sale, terms and conditions, limits of liability, user agreements, terms of use and privacy policy.   For further information or copies please refer to our websites or contact us.

Use of the Site
The Site and Services is the property of SNS, its licensors, dealers, vendors and contractors.  You are granted a non-exclusive, non-transferable limited license to view the Site and use the Services.
SNS reserves the right, at its discretion, to refuse access to the Site and Services or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement.

Links to Other Websites
SNS may provide links to third party websites on the Site from time to time. These links are provided as a convenience and the inclusion of any such link does not constitute an endorsement by SNS of the use of or content on such other websites.  You acknowledge and agree that SNS is not liable for any loss or damage which may be incurred by you for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk.  SNS makes no warranty or representation and disclaims any liability related to any linked websites and/or their content, and SNS is not responsible for the terms of use or privacy practices of such other websites.  You should review the privacy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the third party site.

Prohibited Use of the Site
As an express condition of your use of the Site and Services, you explicitly agree not to use this Site for any purpose that is unlawful or prohibited by this Agreement.  Also, you agree not to use the Site and Services in any way that could damage, disable, overburden, or impair the Site and Services, or interfere with others’ use of it.  Furthermore, you agree not to attempt to gain access to SNS’s computer systems or networks connected to SNS through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Site.

Trademarks
SNS and all marks owned by SNS and may not be used without the express written permission of SNS.  You may not use any SNS trademarks, service marks or trade names without the express written permission of SNS.

SNS uses trademarks, service marks, logos, graphics, designs, names, and the like from third parties for display on the Site.  Such posting is done with the permission of these third parties, and such materials are to be considered the exclusive property of the respective third parties.

Copyrights
All software and content included on the Site and Services, including all text, graphics, logos and images, is owned by SNS or third parties and is protected by United States and international copyright laws.  You may view and use the content of the Site and Services in connection with your use of the Site and Services.  Any other use, including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the content of the Site is strictly prohibited, except as otherwise specifically set forth herein.  You do not acquire ownership rights to any content or other materials viewed on or through the Site.  The posting of information or materials on the Site does not constitute a waiver of any rights therein.  You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract any source code of the Site or any part thereof, unless this is expressly permitted or required by law, or unless you have been granted written permission to do so by SNS.

Disclaimer
THE SITE AND SERVICES ARE PROVIDED BY SNS ON AN “AS IS” “WHEREIS” AND “AS AVAILABLE” BASIS. VISITORS TO THE SITE AND SERVICES ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND SERVICES.  SNS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE SITE, THAT THE USE OF THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS/EXPECTATIONS OR THAT THE INFORMATION IS ACCURATE OR RELIABLE.  TO THE FULL EXTENT PERMITTED BY LAW, SNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS.  SNS MAKES NO WARRANTIES THAT USE OF THE SITE OR SERVICES AVAILABLE ON THE SITE AND SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNS OR THROUGH OR FROM THE SITE AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS

Disclaimer of Warranties

Customer agrees that you are making use of our Sales and Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

EQUIPMENT SOLD AND FINANCED .   EQUIPMENT IS SOLD AS IS, WHERE IS and WITH ALL FAULTS. UNLESS EXPRESSLY STATED IN WRITING, SNS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLES AND EQUIPMENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE VEHICLES AND EQUIPMENT ARE FREE FROM LATENT DEFECTS. YOU WAIVE ANY AND ALL CLAIMS AGAINST SNS FOR DAMAGES, LOSSES, COSTS, INJURIES, PENALTIES, EXPENSES, ATTORNEYS’ FEES AND LIABILITIES OF WHATEVER NATURE WHETHER IN TORT, CONTRACT, WARRANTY OR STRICT LIABILITY (COLLECTIVELY, “SPECIFIED CLAIMS”). UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO YOU OR ANY OTHER PARTY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US (AND OUR AFFILIATES, SUBSIDIARIES AND OURS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT.

WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLES AND EQUIPMENT SOLD, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE VEHILCES AND EQUIPMENT ARE FREE FROM LATENT DEFECTS. YOU WAIVE ANY AND ALL CLAIMS AGAINST US FOR SPECIFIED CLAIMS. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO YOU OR ANY OTHER PARTY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL SPECIFIED CLAIMS.
Indemnity

YOU AGREE TO INDEMNIFY AND HOLD SNS, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, COSTS, DAMAGES, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THIS AGREEMENT OR SNS PRIVACY POLICY, YOUR USE OF THE SITE AND SERVICES, OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

Privacy
In order to operate and provide the service, SNS will need to collect certain information about you. As part of the service, SNS may also automatically upload information about your computer, your use of the service, and service performance. SNS uses and protects that information as described in its online privacy statement. In particular, SNS may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of SNS or its customers, including the enforcement of its agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of SNS employees, customers, or the public.

The service is a private computer network that SNS operates for the benefit of itself and its customers. SNS retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of its efforts to protect the service, protect its customers, or stop you from breaching this contract. The technology or other means SNS uses may hinder or break your use of the service.

Governing Law, Jurisdiction and Venue
You expressly agree that exclusive jurisdiction of any dispute with SNS, or in any way relating to your use of the Site, resides in the federal or state courts located in Los Angeles County, State of California and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving SNS or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers.  This Agreement shall be governed and construed by the laws of the State of California, without respect to its conflict of laws principles. BY YOUR USE OF THIS SITE, YOU HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).

Dispute Resolution and Arbitration
In the event of a dispute between you and SNS , you agree to attempt to resolve the dispute with SNS customer service team for a period of at least thirty (30) calendar days before taking any other action. Following such period, you and SNS agree that any dispute, claim or controversy arising out of or relating to the User Agreement will be settled by binding arbitration as specified below.

Unresolved Disputes
All your disputes with us with respect to any transaction in the United States, Canada or Mexico that arise out of or in connection with this User Agreement will be arbitrated and finally resolved through the American Arbitration Association (“AAA”) in accordance with the commercial arbitration rules of the AAA before a single, neutral arbitrator mutually agreed to by the parties, or if the parties cannot agree, by striking from a list of arbitrators supplied by the AAA. The place of arbitration will be as follows based on the marketplace:

In any arbitration, the parties and AAA will comply with the following procedures: (a) the arbitration is a confidential proceeding, closed to the general public, (b) the arbitrator will be empowered to hear and determine dispositive motions, including motions to dismiss and motions for summary judgment, (c) the arbitrator will have the right to issue injunctions and attachments and other equitable remedies and award compensatory damages, and (d) any judgment on the award enforced by the arbitrator may be rendered in any court of competent jurisdiction.

English Controlling Language
All performance under this User Agreement and the resolution of disputes, including through arbitration or mediation, will be conducted in the English language. If a translation of this User Agreement into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy between the English version and any translation. If this User Agreement is provided to you in a language other than English, we do so solely for your convenience. Translations are provided “as is” and you hold us harmless from any errors or deviations between the translation and the English language version.

Power of Arbitrator or Mediator
The arbitrator or mediator will have no power to award damages for injury to goodwill or reputation, lost profits, intangible losses, or indirect, incidental, consequential, punitive, treble or any other manner of enhanced damages. The arbitrator or mediator will issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The prevailing party in any arbitration will have the right to an award of attorneys’ fees and costs. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE DISPUTE AROSE. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

Improperly Filed Legal Disputes
Any claims that are filed or brought contrary to this User Agreement will be deemed to be improperly filed and of no force and effect.

Miscellaneous
This Site, Services and these Terms of Use may be changed by SNS with or without notice and at any time.  Any modifications to this Agreement will be effective immediately upon posting on the Site.  It is your responsibility to review the Agreement each time you use the Site and Services so that you are aware of any modifications made.  Usage of the Site and Services means you accept the then current form of the Agreement.  This Agreement constitutes the entire agreement between you and SNS, and supersedes all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Site, the content, products, or services provided by or through the Site.  If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Severability
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision will be struck out and will not affect the validity and enforceability of the remaining provisions.

Assignability
In our sole discretion, we may assign this User Agreement. Users may not assign this User Agreement or their account without our prior written consent.

Our failure to exercise or enforce any right or provision of this User Agreement will not be deemed a waiver of such right or provision. Any waiver of any right, provision, term or condition must be in writing, signed by our authorized representative and be effective only for the instance specified in writing.

Amendments
We may amend this User Agreement (including any document incorporated by reference) at any time by posting the amended terms on our Site. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement.

Force Majeure
Neither party to this User Agreement will be liable for any delay or failure to comply with its obligations under this User Agreement if such delay or failure results from circumstances beyond its control. Neither party will be considered in breach of this User Agreement to the extent that any of its respective obligations (excluding payment obligations) are prevented by a force majeure event that arises after the date an obligation is due to be performed. The term “force majeure event” will mean an event beyond the control of either party that prevents one party from complying with any obligations under this User Agreement, including, but not limited to, severe weather, war or hostilities, insurrection, riot or civil unrest, strike or other labor action, environmental contamination or release of radioactive, chemical or biological agent into the atmosphere, epidemic, pandemic, terrorist act(s), cyber-attack, or similar events beyond the reasonable control of a party.

Independent Contractors
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

Third Party Rights
A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement.

Service Provider
You acknowledge that we are entitled to subcontract any of our contractual obligations related to the provision of Services described herein to third parties selected by us.

Entire Agreement
This User Agreement as modified by any Listing, and any other documents incorporated by reference into this Agreement set forth the entire understanding and agreement between you and SNS supersede all prior understandings and agreements of the parties.

Survival
The following Sections survive any termination of this User Agreement: Content, Liquidated Damages for Failure to Pay, Intellectual Property Rights, Disclaimer of Warranties; Limitation on Liability; Indemnity, Disputes Among Users and Legal Disputes.

Tax, Title, License, Registration Fees
You will be liable for all taxes, title, license, registration and surcharges or other charges imposed on the sale of Vehicles and Equipment by any taxing authority, DMV and/or other governmental agencies in your state of residence.

Electronic Communications
When you use any of our Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or posting notices on our Site or through the other Services provided through our marketplaces. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Any notice given under this User Agreement will be in writing and in English and will be served as a Receipt of Notice. Any such notice will be deemed to have been received.

Business Partners

SNS may partner with select retailers and other companies at various times to provide expanded services and to our site visitors. As part of such a relationship, we may share with these companies the use of certain interactive functions.

Agents

SNS may use other companies and individuals to perform certain functions on our behalf. Examples include, but not limited to, administering e-mail services and running special promotions. Subscribers or site visitors will never receive unsolicited messages from agents working on our behalf.

Business Transfers

In the event that SNS sells or transfers a particular portion of its business assets, consumer information may be one of the business assets transferred as part of the transaction. If substantially all of the assets of SNS are acquired, consumer information may be transferred as part of the acquisition.

Compliance with Law/Safety

SNS may disclose specific personal information based on a good faith belief that such disclosure is necessary to comply with or conform to the law or that such disclosure is necessary to protect the users of our Web sites, the sites themselves, or the public.

Use of Cookies

SNS may use a browser feature known as a “cookie.” Cookies are small files placed on your hard drive that assist us in providing you with a customized browsing experience. SNS uses cookies to provide you with the convenience of not having to reenter information, such as user IDs and passwords, multiple times during your visits to our Web sites. Cookies can also be utilized to help us provide you with information targeted to your interests, based upon your prior browsing on our Web sites. The “help” section of the toolbar on most browsers will inform you on how to prevent your browser from accepting new cookies, how to have the browser notify you upon the receipt of a new cookie, or how to disable the use of cookies completely. As our Web sites have been designed to take advantage of the use of cookies. Should you configure your browser to decline their use, certain features of our Web sites may not function correctly and you may be required to renter any user IDs and passwords more frequently.

Accessing Our Web Sites from Outside of the United States

If you are visiting our Web site from a location outside of the U.S., your connection will be through and to servers located in the U.S. Any information you provide during your visit will be processed and maintained on our Web server and other internal systems located within the U.S.

Passwords

The personal data record created through your registration with our Web site can only be accessed with the unique password associated with that record. To protect the integrity of the information contained in this record, you should not disclose or otherwise reveal your password to third parties.

Public Forums

Our Web sites may make chat rooms, forums, message boards, and/or news groups available to its users at various times. Please remember that, unless otherwise stated, any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information in these areas.

Opt-out Procedures

You may always opt-out of receiving future communications from SNS. Our sites allow users to opt-out of receiving such communications at the point where personal information is requested, or through other means as identified.

Browser-Based Do Not Track

Some browsers incorporate a “Do Not Track” (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. Because there is not yet an accepted standard for how to respond to a DNT signal, we do not currently respond to DNT signals on this website or on websites where we provide advertisements, content, or other services.

Personal and Non-commercial Use Limitation

Unless otherwise specified, SNS is for your personal and non-commercial use only. The contents, pictures, logos, and design are not to be modified, copied, distributed, reproduced, printed or published without the approval of SNS.

Member Account, Password, and Security

If any of our services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name unless one is assigned to you by a network administrator. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SNS immediately of any unauthorized use of your account or any other breach of security. SNS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SNS or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of our websites, you will not use the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the site in any manner that could damage, disable, overburden, or impair any SNS server, or interfere with any other party’s use and enjoyment of any site. You may not attempt to gain unauthorized access to any section of the site, other accounts, computer systems or networks connected to any SNS server. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through SNS sites.

Unsolicited Idea Submission Policy

SNS or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, or marketing plans. Please do not submit any original creative artwork, samples, demos, or other works. The purpose of this policy is to avoid potential misunderstandings or possible disputes of SNS’s services or marketing strategies might appear similar to ideas submitted to SNS. If despite our wishes you still submit any of the items outlined above, understand that SNS makes no assurances that your idea or materials will be treated as confidential or proprietary.

No Amendments or Waivers
These documents may not be changed, altered or amended in any way. No waiver of any of these Terms of Sale, Terms and Conditions, Limits of Liability, User Agreement and Terms of Use.

Incorporate by Reference
Incorporated by Reference herein are SNS’s policies including, but not limited to, guidelines, procedures, terms of sale, terms and conditions, limits of liability, user agreements, terms of use and privacy policy. For further information or copies please refer to our websites or contact us.