Saturday, October 12, 2024

Terms And Conditions

Introduction

The following terms and conditions govern your use of this website (www.dawn-vehicles.com). Your use of this website and Content (defined below) constitutes your acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should immediately cease the use of this website and Content.

This website presents information and content that is owned or licensed by The Dawn Vehicles. When used in these Terms and Conditions, “we” and “our” mean Dawn Vehicles and “you” and “your” refers to any individual, company, or legal entity that accesses or otherwise uses this website.

By using our website you are agreeing to these Terms. Please read them carefully.

 

We may modify these Terms at any time by posting the revised Terms on the website. Any modifications will be effective immediately upon such posting. Your use of or access to the website after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.

 

Information on the website is provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The data set forth herein is for informational purposes only, and no warranty is made that the information is error-free. Please note that once you leave a website or arrive at a website from another location, either by using a link we may have provided for your convenience or by specifying your own destination, Dawn Vehicles accepts no responsibility for the content, products and/or services provided at these non-Dawn Vehicles locations. Dawn Vehicles does not control, endorse, promote or have any affiliation with any other website or software website (including mobile website) unless expressly stated herein.

 

Limitation of Liability

 

IN NO EVENT WILL Dawn Vehicles BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE WEBSITE, OR ANY OTHER HYPER-LINKED WEBSITE OR SOFTWARE WEBSITE (INCLUDING MOBILE WEBSITE), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

Warranty Disclaimer

We strive to provide accurate and up-to-date material on this website. However, we make no warranties or representations as to the accuracy or timeliness of the Content. Your use of this website and Content is at your own risk. Content may become inaccurate as a result of developments after its publication on this website. Dawn Vehicles assumes no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Content on this website and its operation are provided “as is” and for informational purposes only, and Dawn Vehicles disclaims all representations or warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, and timeliness. Certain jurisdictions may not permit certain disclaimers of warranties. In such cases, we disclaim warranties to the fullest extent permitted by the applicable law.

Ownership and Use of Content

All of the information and content on this website, including, but not limited to, all text, analyses, reports, articles, graphics, software website, video and audio files and photos, trademarks, service marks and trade dress (“Content”) is owned or licensed by Dawn Vehicles. The Content is protected worldwide by applicable intellectual property laws. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark, and other proprietary notices. Dawn Vehicles reserves the right to terminate at any time your right to make personal copies of Content. 

You may not copy, transmit, distribute, modify, publicly perform, reuse, sell or display any of the Content for any public or commercial purpose except with the prior written consent of Dawn Vehicles or the owners of the materials, which they may issue in their sole discretion. 

With respect to this website, its Content, data, information, and any other materials contained or referenced herein, you may not:

  • use the Content in any other website or in a network computer environment, including framing the Content within another website.
  • use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise use, access, or collect the Content, data or information on this website using automated means.
  • use the Content for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system.
  • use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Content, data or information on this website in any way, including by overriding any security feature or bypassing or circumventing any access controls or use limits of these Terms and Conditions.
  • cache or archive the Content (except for a public search engine’s use of spiders for creating search indices).
  • take action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
  • do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.

Engaging in any of these prohibited uses may result in civil, criminal, and/or administrative penalties, fines, or sanctions against you or those assisting you. Except for the limited use rights expressly provided in this paragraph, all rights in Content are reserved.  

Indemnity

The User undertakes to (a) protect Dawn Vehicles, its employees, contractors, officers, directors, and representatives in the event of a lawsuit arising from any transaction with Dawn Vehicles or another User, the User’s utilization of the Service, or the User’s violation of any representations, warranties, or commitments within this Agreement, and (b) reimburse Dawn Vehicles for settlement amounts, damages, liabilities, expenses, and costs (including reasonable legal fees) granted and resulting from such a claim. Dawn Vehicles retains the right to take on the exclusive defense and control of any matter subject to indemnification by the User. In such cases, the User is expected to cooperate with and support Dawn Vehicles in asserting any available defenses.

Policy on Information Acceptance

The acknowledgment of an electronic or alternative form of confirmation regarding an order request does not indicate the acceptance of your website, nor does it serve as confirmation of an offer to furnish you with any of our provided services or products. Dawn Vehicles maintains the prerogative, at any point following the receipt of your information via the form, to either approve or reject your request, without specifying a reason. It’s essential to note that Dawn Vehicles bears no responsibility for unfulfilled requests or unsuccessful website submissions due to the applicant’s ineligibility to meet the qualifications for the service opportunity.

SMS Terms

When you input your mobile telephone number and select the specified checkbox while submitting your form on dawn-vehicles.com, you are providing explicit consent to receive both non-marketing and marketing text messages from Dawn Vehicles. This includes text messages sent via an autodialer to the mobile telephone number(s) you furnished in your form. You retain the option to opt out of these communications at any moment, and agreeing to receive marketing text messages is not mandatory for accessing our site. This consent remains in effect even if your telephone number is registered on a state, federal, or corporate Do Not Call list.

Subscribers to SMS messages should anticipate no more than 1 SMS per day from us. SMS communications are supported by several carriers, including AT&T®, Sprint®, Boost®, Verizon Wireless®, U.S. Cellular®, Cellular One®, and T-Mobile®, MetroPCS®. Standard message and data rates may apply. Our SMS content is crafted to offer benefits and resources tailored to individual subscribers. To discontinue these communications, simply text STOP to any message received from us. Subscribers can seek assistance by texting HELP in response to any message received from us or by reaching out via email at [email protected] or calling (833) 849-5330. It’s important to note that T-Mobile® is not accountable for any message delays or undelivered messages.

Restrictions

You must be 18 years or older to access the Site. Your agreement to not employ this Site or its contained content for illicit or unsuitable activities is required.

LINKS

As you explore our Online Services, you may encounter links to other online websites, mobile websites, platforms, services, and applications (“Weblinks”) that will take you away from our Online Services. To make it easier for you, we provide links to external web content and sites that may offer valuable or interesting content. However, please be aware that we do not endorse or take responsibility for the content, accuracy, or accessibility of content on Weblinks operated by third parties. Your dealings with third parties through Weblinks are solely your responsibility, and you should review the Terms and privacy policies of these third parties.

Termination

Dawn Vehicles may suspend or terminate your use of or access to the website if you fail to comply with these Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content.

Changes

Dawn Vehicles reserves the right to change the Content on this website and these Terms and Conditions from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of this website constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Privacy

You may review Dawn Vehicles’s Internet Privacy Statement at Privacy Policy.

Security Measures

Dawn Vehicles employs secure technology to safeguard your personal information. While Dawn Vehicles has implemented reasonable precautions to ensure the security of specific data you transmit to the Site, it cannot guarantee that this information will be immune to interception or decryption by external parties. Dawn Vehicles disclaims any responsibility for potential interception or decryption of such information.

Integration and Severability

The Terms and Conditions, which also encompass the Policies, serve as the complete agreement between the User and Dawn Vehicles regarding the use and operation of the Service. They supersede all previous communications and proposals. In the event that any provision within the Terms and Conditions is deemed unenforceable or invalid, it will be adjusted or removed to the extent necessary while still preserving the overall validity and effectiveness of the Terms and Conditions.

Governing Law

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States, without giving effect to conflict of law principles thereof.

United States Only

The services and products described and information provided through this website are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject Dawn Vehicles to any registration requirement within such jurisdiction or country. Persons outside the United States access this website do so on their own initiative, and are responsible for compliance with applicable local laws and regulations. Software and other materials from this website may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. Dawn Vehicles prohibits your downloading or exporting of software or other material from this website in violation of U.S. Export Laws and the laws of your resident country. By downloading software or other material from this website, you represent and warrant that you are able to do so in full compliance with the laws of the United States and your resident country.

Arbitration Agreement

Both parties, you and us, mutually agree that any and all disputes or claims arising from your utilization of our Services, access to our Services, or any products or services obtained, offered, or sold through our Services, including any interaction with our subsidiaries, affiliates, or agents shall be exclusively settled through final and binding arbitration between you and us, or between you and our subsidiaries, affiliates, or agents. This arbitration takes precedence over court proceedings, except if your claims meet the requirements for small claims court. The Federal Arbitration Act is the governing law for the interpretation and implementation of this section, referred to as the “Agreement to Arbitrate.”

Prohibition of Class and Representative Actions and Non-Individualized Relief

Both parties, you and us, concur that any claims brought against the other shall be done solely on an individual basis, and not as a plaintiff or member of a class in any alleged class or representative action or legal procedure. This applies to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., and other similar actions. In the absence of mutual agreement, the arbitrator cannot consolidate or merge claims from multiple individuals or parties, or preside over any combined, representative, or class proceeding. The arbitrator is authorized to grant relief, be it monetary, injunctive, or declaratory, exclusively in favor of the individual party seeking such relief. The relief provided is limited to what is necessary to address the particular claim(s) of that individual party and does not impact other users of our Services.

Additional Points

These Terms and Conditions are legally binding on the involved parties, as well as their successors and authorized assigns. If any provision within these Terms and Conditions is deemed invalid or unenforceable, it shall be adjusted or removed to the minimum extent required, while the remaining provisions shall remain fully effective. These Terms and Conditions constitute the comprehensive agreement between the parties and replace any prior agreements, commitments, or customary practices. We retain the right to terminate these Terms and Conditions and/or your access to the Site (in part or in whole) at any time, with or without prior notice. The waiver of any right under these Terms and Conditions by either party does not constitute a waiver of this or any other right.