Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES ON THIS WEBSITE. BY ACCESSING THIS WEBSITE YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.
The Burns Buy Here Pay Here Gaffney Website (the "Website") is owned and operated by Burns Buy Here Pay Here Gaffney and its subsidiaries and affiliates (collectively "Burns Buy Here Pay Here Gaffney," "we," or "us"). By accessing and utilizing the Website, you agree, without limitation or qualification, to be legally bound by these terms and conditions (the "Terms of Use"). Burns Buy Here Pay Here Gaffney is free to revise these Terms of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Such changes shall become effective immediately upon the posting thereof. Please check these Terms of Use periodically for changes.
ACCEPTANCE OF TERMS OF USE
Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If You do not agree to be bound by the terms and conditions herein, do not use or access our services. Burns Buy Here Pay Here Gaffney may modify this agreement at any time without notice, and such modification shall be effective immediately upon posting of the modified agreement. By continuing to use this website you agree that Burns Buy Here Pay Here Gaffney has the right to change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.
PROPRIETARY RIGHTS
You acknowledge and agree that the materials contained in this Website are protected by copyright, trademark and other proprietary rights and laws. Except for the use expressly authorized, you agree not to sell, transfer, license, modify copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. Burns Buy Here Pay Here Gaffney prohibits any third-party Website, person, or entity from downloading, scraping, exporting, copying, extracting, capturing vehicle information or dealer information, capturing phone numbers or any content found on the Burns Buy Here Pay Here Gaffney Website for the purpose of creating a collection, compilation, database, or directory, or redisplay or distribution of any data and/or content without express written permission of Burns Buy Here Pay Here Gaffney. Burns Buy Here Pay Here Gaffney may use fictitious dealer information or vehicle information that will help identify any third-parties that uses, calls, or displays the Burns Buy Here Pay Here Gaffney content on any Website without express written permission of Burns Buy Here Pay Here Gaffney. Burns Buy Here Pay Here Gaffney will seek maximum punitive monetary damages according to law to protect the information displayed on the Burns Buy Here Pay Here Gaffney Website. All rights not expressly granted herein are reserved. You may not mirror or archive any part of this Website or any material contained on this Website on any server or computer without Burns Buy Here Pay Here Gaffney's written permission.
PRODUCTS, SERVICES AND SOFTWARE
Using software from this Website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon usage of such software. Software available on this Website is copyrighted by Burns Buy Here Pay Here Gaffney or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.
SUBMISSIONS
You agree that all submissions provided on this Website are the sole responsibility of the person or entity from which the submissions originated, and that you are responsible for each submission that you post on this Website. You hereby represent and warrant that you are the sole author of all submissions you post or submit to the Website, and that such submissions do not infringe upon the copyright, trademark, privacy, publicity, or other rights of any person or entity. As Burns Buy Here Pay Here Gaffney may make modifications of this Website, you agree that Burns Buy Here Pay Here Gaffney may at any time delete, refuse or move submissions posted to the Website for any reason.
You are exclusively responsible for the accuracy of all submissions you post or submit to the Website, including the accuracy of information provided about your vehicle(s). If you believe information in your submissions is incorrect or you have concerns with Burns Buy Here Pay Here Gaffney's services regarding your submissions, you must notify us immediately. If any information in your submissions is found to be fraudulent, Burns Buy Here Pay Here Gaffney reserves the right to immediately deactivate your user account and remove your submissions without any form of compensation or advance warning.
NO UNLAWFUL OR PROHIBITED USE
You agree not to interfere, or attempt to interfere, with the operations of the Website or to use any device or software that will interfere, or attempt to interfere, with the operations of the Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website. You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree not to take actions to seek or discover any materials or information, including passwords, through or in connection with the Website except as authorized by these Terms of Use and as intentionally made available to you through the Website. You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website. You agree not to interfere or attempt to interfere with the use of the Website by other users.
You agree not to use the Website for any purpose that is unlawful or prohibited by the Terms of Use. This includes, but is not limited to, any use of the Website to:
- Take any action or make any communication that is inappropriate, unlawful, threatening, libelous, obscene, vulgar, pornographic, profane, indecent, defamatory, abusive, harassing, grossly offensive, malicious, promotes or encourages illegal activity or a violation of the legal rights (including, without limitation, privacy and publicity rights) of Burns Buy Here Pay Here Gaffney or any third party.
- Violate the copyright, trademark, or other intellectual property rights of any other person or entity.
- Submit Material that violates the rights of others, such as Material that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user, by linking or any other method, to the content of a third party without the third party's written consent
- Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
- Improperly assume or claim the identity, characteristics, or qualifications of another person.
- Creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Use this Website to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services.
- Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
- Use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Service.
- Violate any applicable laws or regulations.
- Reformat or frame any portion of any web page that is part of this Website.
- Use this Website to engage in any illegal activity or the planning of any illegal activity.
- Post submissions or any other content using any manual or automatic posting tools other than those provided by Burns Buy Here Pay Here Gaffney, unless you have received express written consent from Burns Buy Here Pay Here Gaffney to do so.
- Post hyperlinks to other websites that contain content that falls within the descriptions set forth above.
- Interfering, disrupting or attempting to gain unauthorized access to other accounts on this Website or any networks connected to this Website.
Burns Buy Here Pay Here Gaffney is not obligated to monitor the communications contained on the Website. However, Burns Buy Here Pay Here Gaffney may, at its sole discretion, edit, decline to post, or remove any submissions posted or submitted to the Website.
SECURITY
Any user names and/or passwords used for this Website are for individual use only. You are solely responsible for the security of your user name and/or password. Burns Buy Here Pay Here Gaffney will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Burns Buy Here Pay Here Gaffney considers insecure, Burns Buy Here Pay Here Gaffney will be entitled to require the password to be changed and/or terminate your account.
You understand that providing your user name and/or password to a third party without the consent of Burns Buy Here Pay Here Gaffney, and/or using a password to gain unauthorized access to Burns Buy Here Pay Here Gaffney, constitutes computer fraud and is a class 5 felony under the law, which govern this Agreement and to which you have consented and further constitutes a violation of Federal law, punishable by fine and/or imprisonment. You are aware that Burns Buy Here Pay Here Gaffney may monitor password use and vigorously pursue violators to the full extent of the law.
NO REPRESENTATIONS OR WARRANTIES
Burns Buy Here Pay Here Gaffney makes no representations or warranties that this Website if free of defects, viruses or other harmful components. Burns Buy Here Pay Here Gaffney shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Website or Burns Buy Here Pay Here Gaffney's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD Burns Buy Here Pay Here Gaffney HARMLESS FROM, AND YOU COVENANT NOT TO SUE Burns Buy Here Pay Here Gaffney FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. Despite our best efforts, it is inevitable that some inaccuracies may occasionally be present. Burns Buy Here Pay Here Gaffney is not responsible for typographical errors, mistakes, or misprints, including but not limited to, pricing errors, individual vehicle disclaimers, finance options, or an incorrect statement of features and/or accessories of a particular vehicle. To the extent permitted by applicable law. Always consult with the seller over such terms, including price, dealer fees, tax, tag, title, etc. before making your final purchasing decision. We also recommend that you call the seller before visiting the lot/vehicle to insure all information is correct and the vehicle is still available for purchase. Burns Buy Here Pay Here Gaffney is not responsible for, and does not guarantee the performance or condition of any such goods or services. ACCESS TO THIS WEBSITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." Burns Buy Here Pay Here Gaffney DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Burns Buy Here Pay Here Gaffney MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY
The information provided on this Website is provided "as is" or "as available" and Burns Buy Here Pay Here Gaffney makes no representations or warranties, expressed or implied, to any actual or prospective purchaser or owner of any item as to the existence, ownership, or condition of the item or as to the accuracy or completeness of any information about the item contained in this service. You acknowledge that any reliance upon any such materials shall be at your sole risk, and that Burns Buy Here Pay Here Gaffney will not be liable in any way for submissions or for any loss or damage of any kind incurred as a result of the use of any submissions posted, emailed or otherwise made available through the use of this Website. Burns Buy Here Pay Here Gaffney has no control over the quality, safety or legality of the user-posted submissions, the truth or accuracy of the submissions, the ability of sellers to sell items or the ability of buyers to buy items. Burns Buy Here Pay Here Gaffney cannot and does not control whether or not sellers will complete the sale of items they offer. Burns Buy Here Pay Here Gaffney cannot and does not control whether or not buyers will complete the purchase. Because Burns Buy Here Pay Here Gaffney does not and cannot control the action of others, in the event that you have a dispute with one or more buyers or sellers, you hereby release Burns Buy Here Pay Here Gaffney (and our employees and any third party partners and/or licensees of Burns Buy Here Pay Here Gaffney) from all claims, demands and damages (actual and consequential) of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such a claim or demand. If you are a resident in a state which restricts the effect of a general release, you hereby waive any such provision to the fullest extent allowable by law and agree that this release of liability shall apply to this agreement to the fullest extent possible.
UNDER NO CIRCUMSTANCES SHALL Burns Buy Here Pay Here Gaffney OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Burns Buy Here Pay Here Gaffney HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Burns Buy Here Pay Here Gaffney CANNOT AND DOES NOT GUARANTEE or WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. Burns Buy Here Pay Here Gaffney AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO OUR WEBSITE BY YOU OR ANY OTHER THIRD PARTY. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; Burns Buy Here Pay Here Gaffney’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Burns Buy Here Pay Here Gaffney, AND/OR OUR ADVERTISERS AND PROVIDERS, ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM ANY VIOLATION BY YOU OF THESE TERMS.
If you are dissatisfied with any portion of the Website or the associated services, your sole remedy is to cease using them.
INDEMNITY
You agree to defend, indemnify, and hold harmless Burns Buy Here Pay Here Gaffney and its employees and affiliates from and against all liabilities, claims, damages, costs, obligations, debt, and expenses (including without limitation reasonable attorneys' fees and costs) arising out of your use or misuse of this Website and your infringement of the intellectual property or other rights of third parties.
TERMINATION
If you fail to comply with any of these Terms of Use, your permission to use the Website automatically terminates and Burns Buy Here Pay Here Gaffney may terminate your use of the Website, block or otherwise bar you from future usage of the Website, and take any other action we deem necessary and appropriate, whether in law or in equity. Burns Buy Here Pay Here Gaffney reserves the right to terminate your access to the Website or to any or all of its services at any time without notice for any reason whatsoever. Burns Buy Here Pay Here Gaffney shall not be held liable to you or any third-party for any termination of your access to this Website.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, and logos appearing in this Website are the property of Burns Buy Here Pay Here Gaffney or the party that provided the trademarks, service marks, and logos to Burns Buy Here Pay Here Gaffney. Burns Buy Here Pay Here Gaffney and any party that provided trademarks, service marks, and logos to Burns Buy Here Pay Here Gaffney retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Website.
You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Burns Buy Here Pay Here Gaffney.
All content on this Website whether provided by Burns Buy Here Pay Here Gaffney or through links to Linked Sites is the copyrighted work of Burns Buy Here Pay Here Gaffney, the owner(s) of the Linked Sites, and/or the owner(s) of submission(s). Except as stated herein, none of the contents of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Burns Buy Here Pay Here Gaffney, the owner(s) of the Linked Sites, and/or the owner(s) of submission(s).
PRIVACY
Except as otherwise expressly provided for in these Terms of Use, your use of the Website and provision of any information is subject to Burns Buy Here Pay Here Gaffney's Privacy Policy, which is expressly incorporated into these Terms of Use.
ATTORNEY'S FEES
If Burns Buy Here Pay Here Gaffney takes any action to enforce this User Agreement, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
GENERAL
This Agreement shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein. This agreement coupled with the Burns Buy Here Pay Here Gaffney Privacy Policy constitutes the entire agreement between Burns Buy Here Pay Here Gaffney and the user with respect to this Website, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between Burns Buy Here Pay Here Gaffney and the user with respect to the Website. As such, these Terms of Use represent the entire understanding relating to the use of this Website and prevail over any prior or contemporaneous, conflicting or additional communications. All rights not expressly granted herein are reserved exclusively and entirely to Burns Buy Here Pay Here Gaffney.
CONTACT INFORMATION
Questions about these Terms of Use should be directed to sales@burnsofgaffney.com
Unless otherwise indicated, all material on this Website © Burns Buy Here Pay Here Gaffney. All rights reserved.