Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, REQUIRING INDIVIDUAL BINDING ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND [NAME OF BRAMAN CORPORATION], AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Welcome and thank you for using this online services platform, provided by Prestige Imports, or their affiliates that provide access or links to these Terms and Conditions (collectively, “the Dealership,” “us,” or “we”). By visiting, using, registering with, or shopping at PrestigeImports.net (the “Site”), you accept these Terms, including the arbitration provision and class action waiver herein, so please read them carefully.

By using the Site, you affirm that you are able and legally competent to agree to and comply with these Terms. If you do not meet these requirements, you should stop using the Site. If you do not agree to these Terms, then you should not use the Site. If at any time you do not accept all of these Terms, you should immediately stop using the Site.

Privacy

For information on how we handle, use, and share information we collect from you or about you when you use the Site, please review our Online Privacy Policy.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically and are consenting to receive communications from us electronically about a service or response to a question or comment, or because you have chosen to receive promotional or legal emails. We will communicate with you by email or by posting notices on the Site. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Dispute Resolution by Binding Individual Arbitration and Class Action Waiver (“Dispute Resolution”)

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND THE DEALERSHIP TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, IT LIMITS THE PARTIES’ RIGHTS TO SEEK RELIEF IN COURT, AND IT WAIVES THE RIGHT TO JURY TRIAL AND THE RIGHT TO JOIN WITH OTHERS IN A LAWSUIT.

This section sets out our agreement for resolving all disputes relating to your use of the Site, including but not limited to our collection, use, and sharing of data on and from the Site. Other than a claim filed in a court that is limited to adjudicating small claims, in the event of any dispute of any nature whatsoever relating to your use of our website, past, present or future, in law or in equity, including the determination of the scope, validity, or applicability of this agreement to arbitrate, you and the Dealership agree and consent to binding arbitration at JAMS for all such disputes on an individual (not class) basis before a single arbitrator under the applicable JAMS Arbitration Rules and Procedures in effect at the time of the filing, rather than litigating the dispute in court. You may obtain a copy of the applicable JAMS rules at www.jamsadr.com. If JAMS is unavailable or unwilling to administer arbitration consistent with this section, another arbitration provider shall be selected by the parties that will administer the arbitration consistent with it. If the parties cannot agree on a provider, the parties may ask a court to appoint an arbitrator that will administer the proceeding consistent with this section.

You and the Dealership also agree that: (a) by their dealings the parties’ conduct is in and affecting interstate commerce; and (b) the Federal Arbitration Act (FAA) applies and governs this agreement. To the extent state law is applicable under the FAA, the law of the state of Colorado shall apply, without regard to its choice of law provisions. The arbitrator shall have exclusive authority to determine the scope, validity, and enforceability of this arbitration agreement.
If the arbitration takes place in-person, it shall be held in the City of Denver. If you commence an arbitration action against the Dealership, you must provide notice to the Dealership at:

General Counsel
Braman Management
2060 Biscayne Blvd., 2nd Floor
Miami, FL 33137

If the Dealership commences an arbitration action against you it will send the notice to your last address of record with the Dealership.

By agreeing to arbitration, the parties are giving up the right to a trial in court and the right to a jury, and there is more limited discovery than might otherwise be available in court. In addition, you and the Dealership agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims if the other party hereto is a party to the proceeding.

For purposes of this Dispute Resolution section, the Dealership includes its/their past, present, and future officers, directors, employees, agents, representatives, contractors, parent, subsidiaries, affiliates, successors, and assigns. In addition, the following persons or entities are intended third-party beneficiaries of this dispute resolution section and may enforce the terms of this section as if they were direct parties: (a) contractors who provided website, internet, or any other marketing services to the Dealership; (b) companies with which the Dealership shares data regarding your use of the Dealership websites, including by way of illustration and not limitation, website analytics companies.

Returning Guests

If you use the Retuning Guest feature of the Site, you are solely responsible for maintaining the confidentiality and security of your information, other related login or account information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. the Dealership is not responsible for any losses arising out of the unauthorized use of your account. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree that the Dealership does not have any responsibility if you lose or share access to your device. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. In consideration of your use of the Site, you agree to provide true, accurate, current and complete account information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your login or account and refuse any and all current and future use of the Site to you. We reserve the right to refuse service and terminate logins or accounts.

Links to Third Party Websites

Occasionally, we may make available a link to a third party’s website. These links will let you leave the Site. The linked websites are not under our control, and we are not responsible for the contents of any linked website, or any link or information contained in a linked website, or any changes or updates to such websites. We encourage you to review such third party’s online terms and privacy policies.

Disclaimer of Warranties and Limitation of Liability

THE SITE IS PROVIDED BY THE DEALERSHIP ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DEALERSHIP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, OR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK THE DEALERSHIP MAKES NO REPRESENTATION AS TO ACCURACY OF THE PRICE, AVAILABILITY, AND FEATURES OF VEHICLES, PRODUCTS, AND SERVICES LISTED ON THE SITE, WHICH ARE SUBJECT TO CHANGE. PLEASE CONTACT LOCAL DEALERSHIP FOR MOST UP TO DATE INFORMATION.

To the fullest extent permitted by applicable law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or to your downloading of any material posted on it, or on any other site linked to it.

To the fullest extent permitted by applicable law, the Dealership disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Dealership does not warrant that the Site, its servers or e-mail sent from the Dealership are free of viruses or other harmful components. The Dealership will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to indirect, incidental, punitive and consequential damages.

The parties agree that the limitations of liability specified in this section are essential provisions of these terms, without which the Site would not be made available. The parties further agree that these essential provisions are a reasonable allocation of risk and apply regardless of the form of action, whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise, and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. To the extent the above disclaimer of warranties and limitation of liability is restricted under law, the above limitation shall be applied to the maximum extent permitted under such law.

Governing Law

These Terms and Conditions shall be governed by the laws of the State of Colorado without giving effect to the conflicts of law provisions. To the extent that a dispute relating to your use of the Site, these Terms and Conditions, or the Dealership Privacy Statement, is not addressed or covered by the Dispute Resolution by Binding Individual Arbitration and Class Action Waiver, the parties agree that any such dispute shall be resolved in a court of competent jurisdiction in and for Denver County, Colorado, and the parties submit to the personal jurisdiction and venue in such courts for such actions.

Severability and Survival

Except as otherwise provided herein, if any section or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that section or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining sections or provisions.

In addition to such other sections or provisions hereof which, by applicable law or by their terms, survive any termination or expiration of these Terms, the following sections or provisions shall survive termination of these Terms: (a) Dispute Resolution by Binding Individual Arbitration and Class Action Waiver; (b) Disclaimer of Warranties and Limitation of Liability; and (c) Governing Law.

Site Policies and Modification

Please review our other policies, such as our applicable privacy policies, posted on the Site. We reserve the right to make changes to our Site, policies, and these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms and Conditions or policies means that you accept and agree to the changes.

We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.