By accessing and using this website and any of its pages,
you accept and agree to be bound by the Terms of Service
set forth in the context below.
- ACCEPTANCE OF TERMS
GEM Motors.com. (“GEM,” “GEM Motors,” “GEMMotors,” “we,” “us,” “website,” or “our”) provides users with an online automotive brokerage communications platform, as well as related services that can be accessed from or through this website (collectively, “Services”). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services.
Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.
This website is controlled and operated by GEMMotors from its offices within the United States. GEM Motors makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
- USER CONDUCT
You are authorized by GEM Motors to access and use the Services, including the information on this website, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without GEM Motors’s express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose.
In order to access certain features of this website you may be required to register. If you supply a telephone number in connection with your use of the website, you consent to receive calls or texts at that number, whether manually or automatically dialed, from us and/or from participating dealers or 3rd party affiliates that have been approved by us. You are responsible for all activities that occur under your provided information. You agree to immediately notify GEM Motors in writing of any unauthorized use of your information or any other breach of security. GEM Motors is not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by GEM Motors), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by GEM Motors for use in accessing the Services.
All information provided on this website is for informational purposes only. Information displayed through contact from our affiliates/partners or brokers/buyers related to any virtual vehicle you may configure, such as dealer cost, factory invoice, market average, MSRP, Target Price, or Estimates, either reflects or is based on available data relevant to your request and does not reflect a dealer’s price for an actual vehicle consistent with your preferences. Any savings information that you may receive from a selling dealer, partner, affiliate, or is provided directly to you by the selling dealer or user, and is not provided by GEM Motors. Neither the accuracy of information provided on this website, nor the availability, quality, or safety of vehicles, is guaranteed or controlled by GEM Motors, and GEM Motors assumes no responsibility for the foregoing. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding vehicle availability, condition, pricing, and the like are not the responsibility of GEM Motors and should be directed to the dealer or third party vendor. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease of a vehicle or of other products or services. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to firstname.lastname@example.org.
By using the Services, you acknowledge and agree that participating dealers may not have in inventory a new vehicle that exactly matches any virtual configuration on the website, and certain models or configurations may not be available. Your personal car shopper, broker, or dealer will confirm vehicle availability, including available options and colors, from actual inventory. Each dealer sets and controls its own pricing. You may negotiate the purchase price directly with the dealer or broker, and GEM Motors may play a role in that negotiation. The savings information communicated directly to you by a selling dealer for a vehicle consistent with the preferences expressed in any virtual configuration on the site may change if the actual in-stock vehicle that you choose to buy differs from the virtual configuration request. Used vehicles are subject to prior sale.
For the avoidance of doubt, GEM Motors is solely a research and communications platform. GEM Motors is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, other automotive-related products or services offered by third parties. GEM Motors receives a fee from the participating dealers or third-party service providers in connection with the Services.
- NO COMMERCIAL USE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.
- RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES
GEM Motors reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason at any time. GEM Motors also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that GEM Motors shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
You will indemnify, defend and hold harmless GEM Motors and its subsidiaries, affiliates, partners, officers, directors, employees, brokers, buyers and agents (collectively, “GEM Motors Entities”) from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Claim against a GEM Motors Entity, subject to such GEM Motors Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a GEM Motors or GEMMotors Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a GEM Motors Entity without its prior express written consent.
- DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT. IN ADDITION, GEM MOTORS DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GEM MOTORS OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. GEM Motors is not responsible for making repairs to any vehicle. If you have complaints or concerns about defects or repairs, you may express your concerns with us or you may contact the dealer, seller, or manufacturer directly.
- LIMITATION OF LIABILITY; WAIVER
IN NO EVENT SHALL THE GEM MOTORS ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE GEM MOTORS ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
GEM Motors may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that GEM Motors will have no liability associated with or arising from your failure to maintain and supply GEM Motors with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.
- TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY
You agree that all of GEM Motors’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of GEM Motors, and that you will not display or use any of the foregoing without GEM Motors’s prior written approval in each instance.
You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of GEM Motors. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
- COPYRIGHT OR INTELLECTUAL PROPERTY COMPLAINTS
GEM Motors respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
o a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
o a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
o a description of where the material that you claim is infringing is located on our website;
o your address, telephone number, and email address;
o a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
o a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please send the foregoing information to our legal agent for notice of claims of copyright or other intellectual property infringement at:
GEM Motors Copyright Agent
Sirmabekian Law Firm
Attn: GEM Motors Legal Department
3440 Wilshire Blvd. Suite 915
Los Angeles, California 90010