Terms & Conditions
The following terms and conditions apply to the Upstate New York Acura Dealers Association.
THESE TERMS AND CONDITIONS TOGETHER WITH ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.
By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully. We may, in our sole discretion, modify these Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on this Site, including but not limited to automobile colors, specifications, accessories, models, materials or other product or service features. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.
The Upstate New York Acura Dealers Association makes no representations that the information and materials contained within this Site are appropriate for locations outside the United States. By entering this Site you acknowledge and agree that, unless otherwise expressly stated, this Site is intended for use within the United States only and will only be governed according to United States laws and regulations. If you use this Site from other locations you are responsible for compliance with any and all applicable local laws.
The Upstate New York Acura Dealers Association will aggressively enforce its intellectual property rights to the full extent of the law. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of The Upstate New York Acura Dealers Association or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.
You acknowledge and agree that information, and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by The Upstate New York Acura Dealers Association. Except as expressly authorized by The Upstate New York Acura Dealers Association, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the System, information, or services. Without waiving any of the foregoing rights, you may print or download information or products from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from The Upstate New York Acura Dealers Association is prohibited.
This Site, and all information and materials contained herein, is provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Although the specifications, features, illustrations, equipment, warranties, service manuals, recalls, safety tips, and other information contained in the Site are based on information that to the best of the knowledge of the UNYAD is up to date, and while The Upstate New York Acura Dealers Association and all parties involved in creating, producing, or delivering this Site make all reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed. We disclaim all warranties, whether express or implied, including without limitation, any implied warranties of title, merchantability, non-infringement and fitness for a particular purpose and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability with respect to this Site. We expressly disclaim any warranties with respect to any downtime, delays or errors in the transmission or delivery of any information, materials, or services through the Site. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.
By using this Site you agree that none of the parties involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses or any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, implementation of, or browsing of this Site or through your downloading of any materials, data, text, images, video or audio from this Site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
General Product, Services, and Financing Information
This Site provides information, including but not limited to specific product pricing, product specifications, used car values, service contracts, budget calculators, financial calculators, current financing offers, and basic company information for informational purposes only and nothing contained herein constitutes financial advice or an offer to sell, finance, or lease a specific product or service to you unless otherwise expressly acknowledged and apparent from the particular content. The MSRPs (manufacturer's suggested retail price) listed on this Site exclude tax, title, license, registration and documentary fees. Dealers set actual prices. All trade-in values obtained from Kelley Blue Book are estimates and the actual value of the vehicle may be higher or lower depending upon the condition of your vehicle, equipment and local market conditions. For some newer models, Kelley Blue Book may not have enough data to provide a trade-in value. Dealer set actual trade-in value.
Our financial calculators’ estimated payments exclude applicable taxes, title, registration, license, and documentary fees. The current finance or lease options are offered only on approved credit through Acura Financial Services, and may not be available in all areas of the United States, and not all Acura dealers may participate in these programs. Current offers do not constitute an offer of direct financing or of any particular lease or purchase transaction. Rates and requirements vary based on geographic location and credit worthiness. For example, lease rates and payments will be higher for customers and dealers in New York State. This Site also posts certified used car inventories provided from individual authorized Acura certified used car dealers. You acknowledge that The Upstate New York Acura Dealers Association is neither responsible nor guarantees the accuracy of any information provided and that all vehicles are subject to prior sale. You understand that dealers set their own prices, all prices and specifications are subject to change without notice, and prices may not include additional fees such as government fees and taxes, title and registration fees, finance charges, dealer document preparation fees, processing fees, and emission testing and compliance charges.
As a result, this Site shall not be used or relied upon by you as a substitute for information that is available to you from a third party advisor or from an authorized Honda dealer.
Photo Submissions. Some areas on this Site allow you to submit personal photos. The general purpose of such submissions is to provide a visual and textual representation of your The Upstate New York Acura Dealers Association product. We suggest you attach a high-quality photo of your product and provide an accurate, textual description that is both clear and relevant. You understand that not all types of photos are appropriate for use and all photos submitted are subject to review and removal. The following is a list of general photo restrictions:
- Photos cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
- Photos cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Photos cannot be obscene or offensive, endorse any form of hate or hate group;
- Photos cannot defame, misrepresent or contain disparaging remarks about The Upstate New York Acura Dealers Association or its products, or other people, products or companies;
- Photos cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind other than Honda, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Photos cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
- Photos cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- Photos cannot communicate messages or images inconsistent with the positive images and/or goodwill to which The Upstate New York Acura Dealers Association wishes to associate; and
- Photos cannot depict a violation, and cannot themselves, be in violation of any law.
- By submitting a photo, you acknowledge that your photo may be posted on this Site, at our discretion. We reserve the right to, and may or may not, monitor/screen photos prior to posting them to the Site. By submitting a photo, you acknowledge that we have no obligation to use or post any photo you submit.
By submitting a photo you warrant and represent that: (a) it is your original work and accurately reflects your experience with our product and that depictions are known to be true and are based upon your use of our product (b) it has not been previously published, (c) it has not received previous awards, (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) you have obtained permission from a person whose name, likeness or voice is used in the photo (if any;) (f) and that publication of the photo via various media including Web posting, will not infringe on any third party rights and (g) you will indemnify and hold harmless both The Upstate New York Acura Dealers Association and any parties involved in creating, producing, or delivering the photo submission from any claims to the contrary.
By submitting a Photo, you agree that your submission is gratuitous and made without restriction, and will not place The Upstate New York Acura Dealers Association under any obligation and that we are free to disclose or otherwise disclose the ideas contained in the photo on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.
You understand that submitting a photo grants the Upstate New York Acura Dealers Association and its agents an unlimited, worldwide, perpetual, license and right to publish and use the photo in any way, in any and all media, without limitation, and without consideration to you. You acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by The Upstate New York Acura Dealers Association, the Upstate New York Acura Dealers Association’s employees, or obtained from sources other than you.
The Site offers sweepstakes from time to time. While no purchase is necessary to enter any such sweepstakes, you agree to comply with the official rules of the relevant sweepstakes advertised on this Site. Please do not enter if you are not a permanent resident of the eligible geographic area, or if you are otherwise ineligible as set forth in the particular sweepstake’s official rules. Entries received from persons residing outside of the eligible geographic areas, from other persons otherwise ineligible, or where restricted or prohibited by law will be disqualified.
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