Terms of Use
Updated: May 10, 2022
These Terms of Use (or Terms) apply to this website or mobile application and the websites and mobile applications that display these Terms (collectively, Sites). These Sites provide you with certain information about our dealership, vehicles, and services. These Sites may also include applications that enable you to communicate with us (by phone, chat, email or text), build and price vehicles, obtain special offers, schedule maintenance, obtain information on financing, or access other information pertaining to vehicles you own, lease or are interested in purchasing or leasing, among other features.
ACCEPTANCE OF TERMS
These Terms govern your use of these Sites and the services we provide through them (Services), whether you access the Services directly from the Sites or through a third party application or website. We may also operate additional websites or mobile applications that are governed by their own terms of use.
Please read these Terms carefully – by accessing or using any part of these Sites or Services, you agree to be bound by them. If you do not accept all of these Terms, you may not access or use our Sites or Services.
OUR APPROACH TO PRIVACY
We are committed to protecting the privacy of personal information and the responsible use of that information to deliver personalized, relevant content to you. The types of information we collect and how we use them are set forth in our Privacy Policy, which is available through a link on this Site and incorporated into these Terms by reference. By using the Sites or Services, you consent to the collection and use of personal information in accordance with our Privacy Policy.
BINDING ARBITRATION
These Terms of Use provide that all disputes between you and Blue Compass RV that in any way relate to these Terms of Use or your use of the Sites will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Blue Compass RV.
USER ACCOUNT
In order to access certain features of our Sites or Services, you may be required to register by creating a user account. By registering, you agree to: (a) provide and maintain accurate, current, and complete information, (b) maintain the security of your username and password, (c) assume full responsibility for any uses of and actions that take place through your account, and (d) provide us with immediate notice of any breach of security or unauthorized use of your account. Your account may be terminated and your profile and any information you have provided through these Sites or Services may be deleted, and/or you may be prohibited from using or accessing the Sites or Services, or any portion thereof, at any time, with or without notice, and for any or no reason.
LIMITED LICENSE
Subject to your complying with these Terms, you are granted a limited, revocable, nontransferable license to access and use the Sites and Services to which you have properly gained access, and solely for your information and personal, non‐commercial use. Any use of the Sites or Services other than as specifically authorized by these Terms is strictly prohibited and will automatically and immediately terminate the rights and licenses granted herein. 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 Sites and available through the Services 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.
USER CONDUCT
In using the Sites or Services, you may not: (a) register an account on behalf of an individual other than yourself, 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 Sites or Services 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 Sites of Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites or Services; 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.
EXTERNAL LINKS
The Sites or Services may include links to third party sites. Any such third party sites, and any information provided therein, is made available to you by our Sites “AS IS”, and solely for your information. Some third party services may be provided through third party sites that require you to register on those sites. Any such registration is separate from registration on our Sites, and will be governed by the terms of the third party site. You acknowledge and agree that you are responsible for evaluating the risks associated with using any third party sites, content, or services and that we have no liability for any services provided on or through such third party sites and make no representations or warranties concerning the accuracy, integrity or quality of any third party sites or content. With respect to third party content or links posted on our Sites, we may receive payment or other consideration, which such content may, but is not required to be, identified as “sponsored content.”
DISCLAIMERS
While we strive to keep these Sites current, we cannot guarantee the accuracy of information provided through the Sites or Services, including, without limitation, the availability or price of any vehicles or auto services or the terms or your eligibility for any promotions or offers, including any financing or leasing terms or offers, and are not responsible for any errors or omissions with respect to the information made available on the Sites or through the Services.
The Sites and Services, and all content contained therein are provided “AS 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 Sites or Services will be uninterrupted or error free, that any specific information requested will be provided or that the Sites or Services will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of this Sites, and the accuracy, timeliness or completeness of the content and Services, 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 Sites or Services may be denied at any time, without or without notice, and for any or no reason. Any of the Services 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, any Services.
TRADEMARKS
All of the trademarks, trade names, service marks, logos, graphics, designs, brands, and service names (Marks) appearing on the Sites 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 Sites should be construed as granting, by implication or otherwise, any license or right to use any of the Marks.
COPYRIGHT
It is our policy to respond to clear notices of alleged copyright infringement, in accordance with the Digital Millennium Copyright Act and other applicable laws. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your IP rights have been otherwise violated, you may file a written notice of infringement with our copyright agent containing the following information: (a) electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other IP rights; (b) description of the copyrighted work or other IP that you claim has been infringed; (c) description of where the material that you claim is infringing is located on the Sites; (d) your name, physical address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright or IP owner, its agent, or the law; and (f) a statement by you affirming that the information provided in your notice is accurate and that you are the copyright or IP owner or authorized to act on the copyright or IP owner’s behalf. Please send the foregoing information to us as provided in the “How to Contact Us” section below.
JURISDICTIONS
Our Sites are controlled and operated from within the United States. We make no representation that the Sites or Services, including the information we collect, complies with the laws of any foreign jurisdictions. If you choose to access the Sites or use the Services from outside the United States, you do so at your own risk and are responsible for compliance with any applicable foreign laws.
COMPLIANCE WITH LAW ENFORCEMENT
We will cooperate with government and law enforcement officials, 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.
OUR POLICY TOWARDS CHILDREN
Any use of or access to the Sites or Services by anyone under 13 is not permitted and violates these Terms. By using or accessing these Sites or Services, you represent and warrant that you are 13 years of 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 13 years old.
INDEMNIFICATION
You agree to defend, indemnify, and hold Blue Compass RV and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Sites, Services, or any information posted on the Sites; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Blue Compass RV or a customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Sites, Services, or any information on the Sites, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
LIMITATION OF LIABILITY
Blue Compass RV AND ANY THIRD PARTIES MENTIONED ON THE SITES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITES AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF Blue Compass RV TO YOU WITH RESPECT TO YOUR USE OF THE SITES IS $500 (FIVE HUNDRED DOLLARS).
DISPUTE RESOLUTION; ARBITRATION AGREEMENT
We will try work in good faith to resolve any issue you have with the Sites, including products and services ordered or purchased through the Sites, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and Blue Compass RV agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Sites, including products and services ordered or purchased through the Sites, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Blue Compass RV are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Blue Compass RV.
If you desire to assert a claim against Blue Compass RV, and you therefore elect to seek arbitration, you must first send to Blue Compass RV, by certified mail, a written notice of your claim (“Notice”). The Notice to Blue Compass RV should be addressed to: 301 E Las Olas Blvd Ste 700 Fort Lauderdale, FL, 33301-2254 (“Notice Address”). If Blue Compass RV desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Blue Compass RV, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Blue Compass RV and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Blue Compass RV may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Blue Compass RV or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Blue Compass RV receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Blue Compass RV and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Blue Compass RV’s last written settlement offer made before an arbitrator was selected (or if Blue Compass RV did not make a settlement offer before an arbitrator was selected), then Blue Compass RV will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND Blue Compass RV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Blue Compass RV agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Broward County, Florida.
CORPORATE TRANSFERS
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.
GENERAL PROVISIONS
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 Sites and the Services 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.
CHANGES TO OUR TERMS
We may modify these Terms, at any time and for any reason, by posting the revised Terms on our primary Site. Your use of the Sites after any such posting indicates your acceptance of the modified Terms.
HOW TO CONTACT US
For any questions or concerns regarding your use of Sites or Services, please click here to email us: Contact Us. We will make every effort to respond promptly and address your concerns.