Terms of Use
TERMS OF USE
1. Introduction
Welcome to the North Park Subaru website (the "Site"). The Site is operated on behalf of North Park Subaru ("North Park Subaru," "Dealership," "we," "us," or "our").
These Terms of Use ("Terms") govern your access to and use of this Site and the features, forms, tools, information and services made available through it.
By accessing or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference.
You represent that you are at least eighteen (18) years of age or otherwise have the legal capacity to enter into these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.
2. Site Content and Limited License
North Park Subaru grants you a limited, personal, non-exclusive, non-transferable and revocable license to access and use this Site for lawful, personal and non-commercial purposes.
Text, photographs, vehicle information, graphics, logos, videos, software, website design, databases, advertisements, pricing information and other material displayed or made available through the Site are collectively referred to as the "Content."
Content may be owned by North Park Subaru, Subaru of America, Inc., our website and technology providers, licensors, vendors, manufacturers or other third parties and may be protected by copyright, trademark and other intellectual property laws.
Except as expressly permitted by applicable law or with our prior written authorization, you may not reproduce or republish Site Content; sell or commercially exploit Site Content; modify or create derivative works from Site Content; distribute or transmit Site Content; remove copyright, trademark or other proprietary notices; systematically download Site Content; scrape, crawl, harvest or extract Site Content or data; or use Site Content to build or populate another website, database, inventory service, pricing service or commercial product.
Nothing contained on this Site grants you any ownership interest in the Site or its Content.
3. Trademarks
The North Park Subaru name, associated logos and other North Park Subaru marks are proprietary to North Park Subaru and/or their respective owners.
Subaru names, logos, vehicle names, model names, slogans and related trademarks are owned by Subaru of America, Inc., Subaru Corporation and/or their affiliated companies.
Other trademarks, trade names and service marks displayed on the Site belong to their respective owners.
Use of the Site does not grant you any license or right to use any trademark without the written permission of the applicable owner.
4. Website Software and Technology
The software, programming, HTML, scripts, databases, interfaces and other technology used to operate the Site may be owned by North Park Subaru and/or third-party technology providers.
You may not copy, reverse engineer, decompile, disassemble, modify or otherwise attempt to obtain the source code or underlying technology of the Site except where such restriction is prohibited by applicable law.
5. Information and Materials You Submit
The Site may allow you to submit information or materials to North Park Subaru, including inquiries, vehicle information requests, trade-in information, financing requests, appointment requests, reviews, photographs, comments and other communications ("Submitted Materials").
You retain ownership of Submitted Materials to the extent you have ownership rights in them.
By submitting materials through the Site, you grant North Park Subaru and the service providers necessary to operate the Site a non-exclusive, worldwide, royalty-free license to use, reproduce, transmit, store, display and process those materials for purposes reasonably related to responding to your request, providing dealership services, facilitating a potential transaction, administering the Site, providing customer support, complying with legal or regulatory obligations, and other purposes disclosed in our Privacy Policy or authorized by you.
You represent that you have the right to provide any information or materials you submit.
6. Vehicle Information, Inventory and Availability
North Park Subaru attempts to provide current and accurate information regarding vehicles offered for sale or lease. However, vehicle inventory changes frequently, and a vehicle displayed on the Site may be sold, unavailable or otherwise no longer offered.
Vehicle photographs may be representative or may show optional equipment.
Vehicle descriptions, equipment, specifications, colors, mileage, prices and other information may be supplied by manufacturers, vendors or other third-party sources. Typographical, photographic, technical or data-entry errors may occur.
Please contact North Park Subaru to confirm vehicle availability, equipment and options, mileage, specifications, pricing, eligibility for incentives, financing or lease terms, and any other information material to your purchase or lease decision.
Information displayed on the Site does not constitute a binding offer to sell or lease a vehicle.
A vehicle transaction is not final until all required transaction documents have been completed and accepted by the applicable parties.
7. Vehicle Pricing, Incentives and Special Offers
Vehicle prices, discounts, rebates, incentives, financing programs, lease programs and other promotional offers displayed on the Site may be subject to qualifications, expiration dates, geographic restrictions, manufacturer requirements, lender approval and other conditions.
Not every customer will qualify for every incentive, discount, rebate, financing rate or lease offer.
Manufacturer incentives and programs are established and administered by their respective manufacturers or program providers and may change or expire without notice.
North Park Subaru makes reasonable efforts to accurately display vehicle pricing and applicable disclosures. In the event of a typographical, data transmission, inventory or other inadvertent error, North Park Subaru reserves the right to correct the information.
The specific disclosures accompanying a vehicle listing, advertisement or special offer should be reviewed carefully because they may identify applicable rebates or incentives, eligibility requirements, financing requirements, expiration dates, taxes, title and registration charges, governmental fees, documentary fees, dealer fees, vehicle inventory tax or similar charges, optional products or accessories, and other conditions applicable to the advertised price or offer.
Where applicable, optional products or services are not required as a condition of purchasing a vehicle unless specifically disclosed otherwise and permitted by law.
Please contact North Park Subaru for complete information regarding any advertised vehicle or offer.
8. Financing Information
Financing examples, payment calculations, interest rates, annual percentage rates, lease payments and similar information displayed through the Site are provided for informational purposes unless expressly stated otherwise.
Financing and leasing are subject to credit approval and lender requirements.
Submitting a credit application or other information through the Site does not guarantee approval for financing or any particular financing terms.
Final financing terms are determined by the applicable lender and the agreements executed in connection with the transaction.
9. Trade-In and Vehicle Valuation Information
Any trade-in estimate, vehicle value, instant offer, appraisal estimate or similar information provided through the Site is preliminary unless expressly identified as a binding offer.
Actual vehicle value may depend on factors including physical condition, mechanical condition, mileage, equipment, vehicle history, market conditions and an in-person inspection.
Any separate North Park Subaru appraisal guarantee, Guaranteed Trade-In Program, purchase offer, trade-up program or similar program is governed by the terms and conditions specifically applicable to that program.
10. Prohibited Submissions
When submitting information or using Site features, you agree not to provide false, fraudulent or misleading information; impersonate another person or entity; submit contact information that you do not have authority to use; upload unlawful, threatening, defamatory, obscene or abusive material; submit material that infringes another person's copyright, trademark, privacy or other rights; upload viruses, malicious code or other harmful software; use Site forms to send spam, advertisements or unauthorized solicitations; or use Site features for fraudulent or unlawful purposes.
North Park Subaru may remove, reject or restrict Submitted Materials that violate these Terms.
11. Prohibited Use of the Site
You agree not to use the Site to violate any applicable law or regulation; interfere with Site operation or security; attempt to gain unauthorized access to the Site, servers, accounts or computer systems; bypass or attempt to bypass security or access controls; distribute malicious code; collect personal information about other Site users without authorization; transmit unsolicited commercial communications; use bots, crawlers, spiders or automated systems to scrape or systematically collect information from the Site without authorization; place an unreasonable or disproportionately large load on Site infrastructure; reverse engineer Site technology; manipulate Site functionality or content; interfere with another person's use of the Site; or use Site Content, inventory data or pricing information for unauthorized commercial purposes.
North Park Subaru may restrict or terminate access to the Site where we reasonably believe these Terms have been violated.
12. Automated Data Collection and Scraping
All Content, vehicle information, photographs, pricing data and other material displayed through this Site are protected by applicable intellectual property and other laws.
Unauthorized scraping, automated downloading, data harvesting, programmatic extraction, copying or republishing of Site information is prohibited.
This prohibition includes the automated collection of inventory, vehicle identification numbers, pricing information, photographs, descriptions or other Site data for use in another commercial service or database without prior written authorization.
13. User Accounts
Certain Site functions may permit you to establish an account.
If you create an account, you agree to provide accurate and current information and to maintain the confidentiality of your account credentials.
You are responsible for activity conducted through your account and should promptly notify North Park Subaru if you believe your account has been accessed without authorization.
14. Reviews, Comments and Interactive Features
If the Site permits users to submit reviews, comments or other publicly visible material, information you submit may become publicly available.
Do not submit information that you do not want disclosed publicly.
North Park Subaru does not necessarily endorse or verify opinions, reviews or statements submitted by third parties.
We reserve the right, but not the obligation, to moderate, reject or remove content that violates these Terms or applicable law.
15. Third-Party Websites and Services
The Site may contain links to websites or services operated by third parties, including Subaru of America, financing providers, mapping providers, social media platforms, vehicle-history providers and other vendors.
North Park Subaru does not control those third-party websites or services and is not responsible for their availability, content, security, privacy practices or terms of use.
Your interaction with a third-party service is governed by that third party's own terms and policies.
A link from the Site does not necessarily constitute North Park Subaru's endorsement of the linked company, website, product or service.
16. Communications and Consent
When you submit contact information through the Site, North Park Subaru may contact you in response to your request and as otherwise permitted by law and your communication preferences.
Where a form separately requests your consent to receive marketing calls or text messages, the terms presented with that consent will apply.
Consent to receive marketing communications is not a condition of purchasing or leasing a vehicle or obtaining dealership services unless expressly permitted by applicable law.
17. SMS/Text Messaging Terms and Conditions
North Park Subaru SMS Messaging Program
North Park Subaru offers SMS and MMS text messaging to communicate with customers and prospective customers regarding their interactions with the dealership.
If you opt in to receive text messages from North Park Subaru, messages may include communications regarding vehicle inquiries and availability, sales inquiries and follow-up, price quote requests, test-drive requests, appointment confirmations and reminders, service appointments, repair and service-status updates, service reminders, vehicle trade-in or appraisal inquiries, vehicle purchase inquiries, parts and accessory inquiries, customer-service communications, dealership updates, and promotional or marketing messages where you have provided the applicable consent.
Message frequency varies. Message and data rates may apply.
Consent to receive marketing text messages is not a condition of purchasing or leasing a vehicle, obtaining financing, purchasing parts or services, or otherwise doing business with North Park Subaru.
Opting Out
Reply STOP to unsubscribe from North Park Subaru text messages.
After you send STOP, you may receive a confirmation message informing you that you have been unsubscribed. After that confirmation, you will no longer receive messages from that messaging program unless you opt in again.
Help
Reply HELP for help or assistance.
You may also contact North Park Subaru for assistance at:
North Park Subaru
9635 San Pedro Ave
San Antonio, TX 78216
Phone: 210-817-1000
Carrier Disclaimer
Carriers are not liable for delayed or undelivered messages.
Delivery of text messages is subject to effective transmission by your wireless service provider and is outside North Park Subaru's control.
Privacy
Your mobile telephone number, SMS opt-in information, consent and other personal information are handled in accordance with the North Park Subaru Privacy Policy:
https://www.northparksubaru.net/privacy.htm
North Park Subaru's Privacy Policy describes how information collected through our website and communications is collected, used and protected.
Changes to the Messaging Program
North Park Subaru may modify, suspend or discontinue any SMS messaging program at any time.
North Park Subaru may also revise these SMS/Text Messaging Terms from time to time. Any revised terms will become effective when posted on the North Park Subaru website unless otherwise stated.
Your continued participation in a North Park Subaru messaging program after revised terms become effective constitutes acceptance of those revised terms to the extent permitted by applicable law.
18. Intellectual Property Complaints
North Park Subaru respects intellectual property rights.
If you believe material displayed on the Site infringes your copyright or other intellectual property rights, please provide sufficient information for us to investigate the matter, including identification of the copyrighted or protected work, identification and location of the allegedly infringing material, your contact information, a statement explaining why you believe the use is unauthorized, and sufficient information demonstrating your authority to act on behalf of the rights holder.
Notices may be directed to North Park Subaru using the contact information provided below.
To the extent a formal Digital Millennium Copyright Act notice is required, it must satisfy the requirements of applicable federal law.
19. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NORTH PARK SUBARU AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL ALWAYS BE AVAILABLE; THE SITE WILL OPERATE WITHOUT INTERRUPTION; THE SITE WILL BE ERROR-FREE; INFORMATION DISPLAYED ON THE SITE WILL ALWAYS BE COMPLETE OR CURRENT; OR THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES RELATING TO THE SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Nothing in this section modifies or disclaims any written vehicle or product warranty that separately applies to a vehicle or product.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NORTH PARK SUBARU AND ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE.
THIS INCLUDES DAMAGES RESULTING FROM INTERRUPTION OR UNAVAILABILITY OF THE SITE, ERRORS OR OMISSIONS IN SITE CONTENT, RELIANCE ON INFORMATION DISPLAYED ON THE SITE, THIRD-PARTY CONTENT OR SERVICES, LOSS OF DATA, OR MALICIOUS SOFTWARE OR SECURITY EVENTS OUTSIDE OUR REASONABLE CONTROL.
Certain jurisdictions do not permit some limitations or exclusions of liability. Where such restrictions apply, these limitations will apply only to the extent permitted by law.
21. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless North Park Subaru and its officers, employees, agents and service providers from claims, damages, losses, liabilities and reasonable costs arising from your unlawful use of the Site, materials you submit through the Site, your violation of these Terms, or your violation of another person's rights.
22. Suspension or Termination of Site Access
North Park Subaru may suspend, restrict or terminate access to all or part of the Site where we reasonably believe these Terms have been violated, Site security or operation may be threatened, unlawful or fraudulent activity has occurred, or restriction is otherwise reasonably necessary to protect North Park Subaru, Site users or third parties.
Termination of Site access does not affect rights or obligations that by their nature should survive termination.
23. Changes to the Site
North Park Subaru may modify, suspend, discontinue or restrict any portion of the Site, its Content or Site features at any time.
We are not obligated to maintain any specific Site functionality indefinitely.
24. Changes to These Terms
We may revise these Terms from time to time.
When Terms are updated, the revised version will be posted on the Site and the "Last Updated" date will be changed.
Your continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.
25. Governing Law
These Terms and your use of the Site will be governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where federal law or other applicable law requires otherwise.
Any dispute concerning these Terms or the Site will be handled in accordance with applicable law and any other binding agreement between you and North Park Subaru.
Nothing in these Terms limits any consumer right or remedy that cannot lawfully be waived.
26. Severability
If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.
27. No Waiver
A failure by North Park Subaru to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.
28. Entire Agreement
These Terms, together with our Privacy Policy and any additional terms presented in connection with a particular Site feature, constitute the agreement governing your use of the Site.
These Terms do not modify the terms of a separate written vehicle purchase agreement, retail installment contract, lease agreement, repair order or other transaction document.
If a conflict exists between these Terms and a separately executed agreement governing a particular transaction, the separately executed agreement will control with respect to that transaction.
29. Contact North Park Subaru
Questions regarding these Terms may be directed to:
North Park Subaru
9635 San Pedro Ave
San Antonio, TX 78216
Sales: 210-817-1000
Service: 210-817-2000
