Terms Of Use

These Terms of Use (the Terms) are entered into between you (you, or User) and Woodhouse Auto Family (Company, Dealership, we, us, and our). These Terms govern your access to and use of Company services offered on the website located at woodhouse.com or online.woodhouse.com, including any content or functionality offered on or through the Site. The Site is published, owned, and operated by the Company.

By accessing, browsing, submitting information to and/or using the Site, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives.  If you do not agree to these Terms or Privacy Statement, please do not use the Site.

Privacy Statement; Other Agreements; Notice of Information Practices

Privacy Statement

These Terms should be read in conjunction with our Privacy Policy, including our Privacy Notice, which are incorporated herein by reference.

Additional Agreements

If you purchase a vehicle or other product from the Company, these Terms may be superseded by separate agreements such as, but not limited to, a Buyer's Order, Lease Order, Lease or Retail Instalment Sales Contract ("Additional Agreements"), which may include, but is not limited to, information regarding vehicle or product warranties and manufacturer warranties. In the event there are any conflicting terms between the Additional Agreements and these Terms, the Additional Agreements shall control.

Purpose of the Site; Information Accuracy

The Site is provided for informational purposes, enabling communication between you and the Company, and the marketing and sale of our products and vehicles (the Products). The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Site, or by anyone who may be informed of any of its contents. Information on the Site may be changed at any time without prior notice.  Any information you provide or that is collected by the Company through the Site shall be handled in accordance with our Privacy Statement.

Use of the Site

The Company grants you a non-exclusive right to access and use the Site and the data, material, content or information herein (collectively, the Content) solely for your personal use. You agree to use the Site only for lawful purposes, comply with all rules governing any transactions on and through the Site and comply with applicable laws.

User Account Responsibility

If you are given or create a password to access the Site, you are responsible for maintaining the confidentiality and security of your account, including all your passwords. When creating an account, you agree to provide us with accurate and complete information and detail, as required, and to keep it up to date. You are responsible for all activities that occur under your account, and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Orders

To the extent you are able to purchase Products on the Site, orders will be initiated when you submit an order on the Site. By placing an order, you affirm that you are legal age to enter into a binding agreement for Company Products and acknowledge that you are bound by these Terms and any Additional Agreements. You may not order from this Site if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with the Company, or (c) are prohibited from accessing or using this Site by applicable law.

If you wish to purchase any Products available through our Site, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address and your shipping information. You represent and warrant that you have the legal right to use any payment cards or other payment methods utilized in connection with any transaction. By submitting such information, you grant Company the right to provide such information to third parties for the purposes of facilitating the order initiated by you or on your behalf.

You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect as of the time the order is placed, including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you submit to the payment method specified at the time of order.

All orders are subject to the Company's acceptance, and we reserve the right to limit quantities and to refuse to deal with any person at our sole discretion.

Prices and Taxes

All prices are subject to change without notice. Orders are billed at the prices in effect at the time the order is placed, and all prices are shown in U.S. dollars. Out-of-state orders may be subject to special pricing.

List prices do not include any federal, state or local duties, excise, sales, use or other taxes, tariffs or duties (collectively, "Taxes"), tag, title, or pre-delivery service fee (this charge represents costs and profit to the dealer for items such as inspecting, cleaning, and adjusting vehicles, and preparing documents related to the sale), private tag agency fee (this charge represents costs and profit to the dealer for items such as inspecting, cleaning, and adjusting vehicles, and preparing documents related to the sale) that may apply to Products. You are responsible for paying all amounts listed in the previous sentence. If the Company has the legal obligation to pay or collect Taxes for which you are responsible, you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the applicable taxing authority. In connection therewith, you will indicate which products are tax exempt when you place any order.

Product Information

Information about our Products is provided on our Site for illustrative and informational purposes and despite our best efforts, occasional typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, specifications and/or availability may occur. Accordingly, we do not guarantee the accuracy or completeness of any product information on our Site. We reserve the right to correct or update our Site with respect to Products at any time without prior notice (including after you have submitted an order).

Prohibited Uses of the Site. You agree that you will not:

• Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of them.
• Attempt to gain unauthorized access to any Site account, computer systems or networks associated with the Company or the Site.
• Obtain or attempt to obtain any materials or information through the Site by any means not intentionally made available or provided by the Company.
• Use any robot, spider, or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
• Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Third-party Websites

The Site may contain links to websites controlled or operated by persons and companies other than the Company (Linked Sites). Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support the Company or are identified in the Site, including any delivery of and payment for goods and services.

Third-party Applications

You acknowledge that your access and use of any third-party applications or software on our Site and Content (the Third-party Applications) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-party Applications. The Company hereby disclaims any representation, warranty, or guarantee regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.

Intellectual Property Notices

The Site and Content are protected by copyrights or trademarks or are subject to other proprietary rights. Accordingly, you are not permitted to use the Site or Content in any manner, except as expressly permitted by the Company in these Terms. The Site or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.

Copyright

You should assume that everything you see or read on the Company's Site is copyrighted unless otherwise noted and may not be used without the written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on the Company's Site will not infringe the rights of third parties. Content, images, photographs, or illustrations displayed on the Company's Site is either property of, or used with permission by, the Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Company's Site. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademark

Nothing contained on the Company's Site should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Company's Site without the written permission of the Company or such third party that may own a trademark displayed on the Company's Site. Your misuse of the Company's trademark(s) displayed on the Company's Site, or any other Content on the Company's Site, except as provided herein, is strictly prohibited.

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Site. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Questions regarding the use of any intellectual property provided on the Site should be directed to marketing@woodhouse.com

United States Only

The Company is based in the state of Nebraska in the United States. The Company provides this Site for use only by persons located in the United States. We make no claims that the Site or any of its contents are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries.

Disclaimer

Except as may otherwise be expressly provided in these terms, all information, content, or services provided by the company to you via the site, including, without limitation, all content, are provided as is and where is and without any warranties of any kind. The company and its third-party licensors expressly disclaim all warranties, whether express, implied or statutory, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title and non-infringement. Notwithstanding any provision contained herein to the contrary, the company and its third-party licensors make no representation, warranty or covenant concerning the accuracy, quality, suitability, completeness, sequence, timeliness, security or availability of the site or any content posted on or otherwise accessible via the site. You specifically acknowledge that the company and its third-party licensors are not liable for the defamatory, obscene or unlawful conduct of other third parties or users of the site and that the risk of injury from the foregoing rests entirely with you. Neither the company nor any of its third-party licensors represent, warrant or covenant that the site will be secure, uninterrupted or error-free. The company further makes no warranty that the site will be free of viruses, worms, or trojan horses or that it will function or operate in conjunction with any other product or software. You expressly agree that use of the site is at your sole risk and that the company, its affiliates and their third-party licensors shall not be responsible for any termination, interruption of services, delays, errors, failures of performance, defects, line failures, or omissions associated with the site or your use thereof. Your sole remedy against the company for dissatisfaction with the site or the content is to cease your use of the site and/or the content. Some jurisdictions do not permit the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. You may have other rights, which vary by jurisdiction. When the implied warranties are not allowed to be excluded in their entirety, you agree that they will be limited to the greatest extent and shortest duration permitted by law.

Limitation of Liability

Under no circumstances shall the company or any of its third-party licensors be liable to you or to any third party for any direct, indirect, incidental, consequential, punitive, special or exemplary damages (including, without limitation, loss of profits, loss of use, loss of data, loss of information or programs on your data handling system, transaction losses, opportunity costs, interruption of business or costs of procuring substitute goods) resulting from, arising out of or in any way relating to the site, or the data, content or information accessed via the site or any hyperlinked site, or any disruption or delay in the performance of the site, regardless of the form of the claim or action, whether based on contract, tort, strict liability, statute or otherwise, and regardless of whether or not such damages were foreseen, unforeseen or foreseeable, even if the company or its third-party licensors have been advised of the possibility of such damages. By accessing the site subject to these terms of use, you understand that you are waiving rights with respect to claims that are at this time known, unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understood, and hereby expressly waive, the benefits of section 1542 of the civil code of California and any similar law of any state, country or territory, which provides as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must materially affect his or her settlement with the debtor.

Indemnity

You agree to defend, indemnify and hold harmless the Company and its affiliates, directors, officers, employees, and/or agents (collectively, Company Indemnitees) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) that may be incurred by any of the Company Indemnitees arising out of or relating to Your Content, your violation of these Terms, your violation of any applicable laws, rules or regulations in connection with the Site, or from any other misuse of the Site. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of the Company Indemnitees, that you will pay for the defense thereof, including reasonable attorneys' fees and costs. Notwithstanding any of the foregoing, Company reserves the right to assume the exclusive defense and control of any proceeding that relates to the Company, the Site, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Company in our defense thereof.

Termination and Restriction of Access

In its sole discretion, the Company may terminate or suspend your access to the Site for breach of these Terms. The Company shall not be liable for any losses or damages arising from any such termination of service.

ARBITRATION PROVISION

PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS

1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Any claim, controversy, demand, dispute, counterclaim or crossclaim, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim, controversy, demand, dispute, counterclaim or crossclaim), between you and us or our employees, agents, successors or assigns, including but not limited to those which arises out of or relates to your credit application, purchase or condition of a vehicle you purchase or lease by or through us, a contract relating to a vehicle or any resulting transaction or relationship (including any such relationship with third parties who do not sign a contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose the American Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019 (www.adr.org), or any other organization to conduct the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which the dealership supplying the vehicle is located, or if not applicable then in Omaha, Nebraska. We will pay your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $1,500, unless the law or the rules of the chosen arbitration organization require us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization's rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act.

No dispute within or referenced in this paragraph shall be a class action. You and we retain the right to seek remedies in small claims court for disputes or claims within that court's jurisdiction, unless such action is transferred, removed, or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance or for individual injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator's award. This Arbitration Provision shall survive any termination, payoff or transfer of the subject contract. If any part of this Arbitration Provision, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable.

Governing Law & Jurisdiction Subject to the terms of the Arbitration Provision, these Terms are governed by the laws of the State of Nebraska. Any permitted court proceedings shall be in the jurisdiction and venue of the courts in Omaha, Nebraska, except as provided in the Arbitration Provision.

Governing Law & Jurisdiction

Except to the extent preempted by the Federal Arbitration Act, these Terms are governed by the laws of the State of Nebraska. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Omaha, Nebraska, in all disputes arising out of or relating to the use of the Site.

Changes to these Terms of Use

The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the Last Revised entry at the top of these Terms. Your continued use of the Site after any such change is communicated shall constitute your consent to such change(s).

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Site. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use.

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

These Terms, including our Privacy Statement and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Opt-In Disclaimer

By providing your phone number and checking the box below I agree to receive text messages from Woodhouse Auto Family to my phone number provided. Messages will include a response to the request in regards to conversational questions, comments, concerns, or requests. Message frequency varies and will include responses to your questions or comments above. Consent is not a condition of purchase. Message and data rates may apply. Reply "STOP" to unsubscribe at any time. Reply "HELP" for help. 

For more information, please review our Privacy Policy at: https://www.woodhouse.com/privacy-notice.htm and our Terms and Conditions at: https://www.woodhouse.com/terms-of-use.htm

Contact Us at (402) 315-3000

Company Contact Information

Questions can be directed to the Company at:

Email: info@woodhouse.com