Terms and Service
Paragon Acura – Google Assistant
The Application will allow you to use your Google Assistant-enabled device (Assistant Device) to communicate with us for certain purposes, which may include: (a) scheduling a loaner car, (b) setting a service appointment; (c) booking a test drive; or (d) obtaining directions and store hours. From time to time, we may add or delete the features or functionality available through the Application. By enabling the Application, you are authorizing us to share the information requested from us and provided by you with Google and/or to perform the actions communicated to us.Your communications with us through the Application will be converted by Google into an Assistant Service Interaction ("Interaction") which will then be retained and used by Google and subject to the Google Terms. The Application is provided to you free of charge, however, you may incur data charges under your mobile or internet service plan.
Subject to your complying with these Terms, you are granted a limited, revocable, nontransferable license to access and use the Application to which you have properly gained access, and solely for your information and personal, non commercial use. Any use of the Application other than as specifically authorized by these Terms is strictly prohibited and will automatically and immediately terminate the rights and licenses granted herein. You may also be subjected to liability for damages and other claims. Such unauthorized use may also violate applicable laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property (IP) rights, whether by estoppel, implication or otherwise. Except for content you provide, all content on the Application is owned by or licensed to us, with all rights reserved, and is subject to and protected by copyright and other IP rights and laws.
In using the Application, you may not, and it may be unlawful if you: (a) impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or attempt to use another person's account; (b) copy, transmit, display, distribute, download, modify, publish, post, reproduce, or otherwise use the Application for commercial or public purposes without our prior written consent; (c) use data mining, automated scripts, robots or similar data gathering or extraction tools or processes; (d) use the Application in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Application; or (e) upload, post, transmit, share, store or otherwise make available any material that (i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or equipment or that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any law; or (ii) may, in our sole judgment, be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene, racist, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, or otherwise contrary to law or regulation.
The Application is provided "AS IS" and “WHERE IS”, without warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non‐infringement. We do not warrant that the Application will be uninterrupted or error free, that any specific information requested will be provided or that the Application will be free of computer viruses or other harmful elements. We are not responsible for any errors or omissions in your use of or communication with us via the Application. You expressly agree that the entire risk as to the quality and performance of this Application and the accuracy, timeliness or completeness of the information provided through it, is assumed solely by you. Some states do not allow limitations on implied warranties, so the above limitations, in full or in part, may not apply to you. Your use of or access to the Application may be denied at any time, without or without notice, and for any or no reason. The Application may be modified or discontinued at any time, without or without notice, and for any or no reason. You agree that we will not be liable to you or any third party for any denial of access to, or modification or discontinuation of the Application or any claims of loss, damages or other resulting events.
The Application is controlled and operated from within the United States. We make no representation that the Application, including the information we collect, complies with the laws of any foreign jurisdictions. If you choose to access the Application from outside the United States, you do so at your own risk and are responsible for compliance with any applicable foreign laws.
All of the trademarks, trade names, service marks, logos, graphics, designs, brands, and service names (Marks) appearing on the Application are either our registered trademarks, trademarks or trade dress, or are licensed to us for our use. None of the Marks may be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing on the Application should be construed as granting, to any person or entity, by implication or otherwise, any license or right to use any of the Marks.
COMPLIANCE WITH LAW ENFORCEMENT
We will cooperate with government and law enforcement officials, courts, as well as private parties, to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties that, in our sole discretion, we believe necessary or appropriate to respond to claims and legal process including, but not limited to, subpoenas, to protect our property and rights or that of a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or subject to legal action.
Any use of or access to the Application by anyone under 13 or such other older age if required by law (the “required age”) is not permitted and violates these Terms. By using or accessing the Application, you represent and warrant that you are the required age or older and fully able to agree to and abide by all of our Terms. We may suspend or terminate your user account and delete any profiles, content, or data you may have created or posted if we believe, in our sole discretion, that you are less than the required age.
You agree to indemnify and hold us, our affiliates, and our agents, contractors and vendors, and each of our and their owners, directors, officers, employees, and agents (the Indemnified Parties) harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Applications or Services, or any violation of these Terms or of any law or the rights of any user or other third party.
LIMITATION OF LIABILITY
In no event will any of the Indemnified Parties be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Application, or any of the content accessed through the Application, even if they are aware or have been advised of the possibility of such damages. In no case shall the Indemnified Parties’ cumulative liability to you for any cause whatsoever, and regardless of the form of the action. Because certain state laws do not allow the exclusion or limitation of certain damages, these limitations, in full or in part, may not apply to you.
DISPUTE RESOLUTION/GOVERNING LAW
With respect to any dispute, you agree to first contact us and work with us in good faith to attempt to resolve the dispute. In the event we are not able to resolve the dispute, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, Claims), through binding arbitration by JAMS under the Comprehensive Arbitration Rules and Procedures then in effect for JAMS. The arbitration shall take place in the state and county where our corporate headquarters is located. By using the Application, you agree that the laws of that state, without regard to its choice of law principles, will govern these Terms and any dispute of any sort that might arise between us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from any court of competent jurisdiction for matters related to data security, IP, or unauthorized access to the Application. You agree to waive any and all rights you may have to trial by jury, class-action claims and proceedings.
In the course of a corporate merger, acquisition, divestiture, asset sale, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding, we may sell, divest, transfer, assign, share or otherwise engage in a transaction that involves some or all of our assets, including your user account information and content.
We may modify these Terms, at any time and for any reason, by posting the revised Terms on our website. Your use of the Application after any such posting indicates your acceptance of the modified Terms. In the event any portion of these Terms is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect our original intentions; the remainder of these Terms shall remain in full force and effect. All provisions of these Terms that, by their terms, are reasonably expected to survive their termination shall survive such termination. These Terms contain the entire agreement concerning your use of the Application and supersede all existing agreements and all other oral, written or other communication between us concerning its subject matter. No waiver of these Terms shall be effective unless in writing. Except as otherwise expressly stated in these Terms, there shall be no third‐party beneficiaries.
For any questions or concerns regarding these Terms, please email us at [firstname.lastname@example.org].
We will make every effort to respond promptly and address your concerns.