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1555 W. 16th St.
Merced, CA 95340

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(209)384-2000

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Terms of Use

Please read these Terms of Use (the “Agreement”) carefully before accessing or using this website.

On this page

Acceptance Ownership & License Intellectual Property Your Access & Equipment Information You Submit Acceptable Use Third-Party Sites SMS Terms of Service Disclaimer of Warranties Limitation of Liability Indemnification General & Governing Law

Acceptance of these Terms

Gratis Technologies LLC (“Gratis”) and/or the automotive dealer licensee identified on this website (the “Licensee”) (herein referred to as “we,” “us,” and/or “our”) operate this website and the pages thereof (collectively, the “Website”) in order to provide information about and/or to deliver products and services offered by Gratis and the Licensee. By accessing this Website you are indicating your agreement to be bound by the terms of this Agreement. If you do not wish to agree to the terms of this Agreement, you should immediately discontinue using and accessing this Website. We may modify this Agreement at any time and from time to time in our sole discretion without notice to you. You should periodically review this Agreement carefully in order to make sure that you are aware of the most current terms and conditions for the use of our Website. Any use or viewing of our Website by you after any change to this Agreement, whether or not you have reviewed the amended Agreement, constitutes your acceptance of the Agreement as changed. We may discontinue the operation, maintenance or provision of this Website, any pages thereof, and/or any related content, features, products or services, or the terms thereof, at any time without notice or liability to you or any third party.

Ownership and License

You acknowledge and agree that Gratis, subject to the license granted by Gratis to the Licensee, owns all rights to this Website and the content and works of authorship displayed on the Website, including, without limitation, text, software, photos, images, sound recordings and graphics (collectively, the “Site Property”). Gratis grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gratis. You are authorized to access, view and use the Site Property only for your own informational, noncommercial purposes, or as otherwise expressly permitted pursuant to the terms of this Agreement or pursuant to the express terms of use regarding any specific product or service available through the Website. Unless otherwise expressly authorized, you may not copy, reproduce, retransmit, disseminate, display, publish, sell, broadcast, circulate, distribute, commercially exploit, or create derivative works from any Site Property in any form. You further agree not to reverse engineer or reverse compile any of our technology, including but not limited to any Java applets associated with the Site Property. You further acknowledge and agree that the Gratis, Licensee or third-party advertiser names and logos and all related product and service names, design marks and slogans, as well as other trade and service marks appearing on the Website (collectively, the “Marks”), are the property of Gratis, Licensee or third-party advertiser, as applicable. You are not authorized to use such Marks without our prior express written consent and/or the prior express written consent of the owner of the applicable Mark. You acknowledge that, except as expressly provided in this Agreement, we have granted you no license or rights whatsoever in or to any Site Property or Marks, and we and/or our licensors and service providers retain all rights therein.

Intellectual Property

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Gratis or Licensee or third-party advertisers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Gratis and protected by U.S. and international copyright laws. All software used on this site is the property of Gratis or its software suppliers and protected by United States and international copyright laws. One or more patents pending owned by Gratis apply to this site and to the features and services accessible via the site.

Your Access and Equipment

You are responsible for obtaining and maintaining all telephone equipment and services, internet connection services, computer hardware and software, and other equipment necessary for you to access and use the Website. We are not responsible or liable to you for any errors or failures resulting from defects in or malfunction of your computer or related equipment or services, nor are we responsible or liable to you for any computer virus or related problems that may be associated with the use of an online system.

WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING YOUR COMPUTER OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

You are responsible for protecting the security of any passwords you use in connection with our Website and the security and integrity of any information you download from our Website. We take commercially reasonable measures to protect the security of information electronically transmitted to us through the use of customer service information forms integrated into our Website. However, we advise you to exercise caution when sending us this information, whether through such forms or by e-mail through the Internet, as such transmissions may not be secure. For example, e-mail may be intercepted by a third party or may not be immediately received by the designated person or department. We will not be liable to you for any losses or damages incurred as a result of the interception or unauthorized use by any third party of any information transmitted by you via insecure e-mail, or as a result of your use of e-mail for the transmission of, or our failure to respond to e-mail that includes, information that we have required you submit through another express means or medium. Please be aware that when you receive a message acknowledging your e-mail, it means that your e-mail has been routed into the Internet and not that the message has been received by us.

Information You Submit

You acknowledge and agree that when you submit any information to us through our Website you are submitting such information to all of Gratis and Licensee, collectively, and that such information may be disclosed and transferred among such companies and their respective agents and Licensee’s service providers subject to the provisions of applicable law. You further agree that we may disclose any information you submit (i) if we have a right or duty to do so, (ii) if we are compelled or permitted by law to do so, (iii) as directed by you, and/or (iv) as necessary to provide you with products or services you have requested. Any information, feedback, questions, concepts, comments, suggestions, ideas or the like which you send to us by or through our Website, or at any e-mail address we have provided at our Website, will be treated as being nonconfidential and nonproprietary as to you, and we will be free to use the same or any information contained therein for any purpose whatsoever (including, without limitation, for the purposes of developing, manufacturing and marketing products and services) without paying any compensation to you, and the same shall be deemed our property upon receipt. Nothing herein shall be construed as limiting the responsibilities and obligations as set forth in our Privacy Policy. You acknowledge and agree that we may monitor and keep a record of your use of our Website.

Acceptable Use

You agree not to use our Website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others. You also agree that your use of our Website is personal to you and that you will not resell or assign use of our Website or make any unauthorized commercial use of our Website. You agree that we may display advertisements and promotions of all kinds on the Website, and you agree not to disable any technology required or utilized to serve or display such advertising. This Website and/or any products, services or information described or provided therein are not intended to be distributed or made available to or used by any person or entity in any jurisdiction, state or country where such distribution, availability or use would violate applicable law.

Third-Party Sites and Links

Any links from our Website to any website that is not owned, operated, controlled or maintained by us (a “Third Party Site”) are provided strictly for convenience. If you click a link for a Third Party Site, you will leave our Website and enter an external website owned, operated, controlled and/or maintained by a third party that is not affiliated with us and that is solely responsible for its own contractual obligations and financial condition. We (i) do not control nor are we responsible for the content, products and/or services provided by any Third Party Site or as otherwise advertised on this Website, (ii) do not endorse or guarantee the products, information, or recommendations provided by any Third Party Site or as otherwise advertised on this Website, and (iii) do not warrant and are not liable for any failure of the products or services advertised on or provided by any Third Party Site or as otherwise advertised on this Website. The privacy, information-sharing and security policies and procedures of Third Party Sites are distinct from those of Gratis Technologies LLC, the Licensee and Licensee’s service providers. You should carefully review their privacy statements and other conditions of use.

We would like to remind you generally to be cautious when browsing on the Internet and to use good judgment and discretion when making purchases, obtaining information, or transmitting information. Certain sites accessible on the Internet may contain information or material that may be offensive or inappropriate to some people. We make no effort to review the content of these sites, nor are we responsible for the validity, legality, copyright compliance, or decency of any content contained in these sites.

Different products, features and services available at or through our Website, and/or different pages or sections of our Website, may be subject to separate terms and conditions in addition to the terms of this Agreement. In the event of a conflict, such separate terms and conditions will govern and control with respect to the corresponding product, feature, service, page or section.

SMS Terms of Service

  1. This program sends SMS messages from Merced KIA to provide appointment reminders, service updates, account notifications, and promotional or marketing messages related to our dealership.
  2. You can cancel the SMS service at any time. Just text “STOP” to unsubscribe. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
  3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at (209)384-2000.
  4. Carriers are not liable for delayed or undelivered messages.
  5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
  6. If you have any questions regarding privacy, please read our privacy policy.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GRATIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ADVERTISED OR PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND/OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY HARMS, INJURIES OR CLAIMS, WHETHER SUCH INJURIES OR CLAIMS ARE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM (i) THE USE OF OR THE INABILITY TO USE THE WEBSITE, (ii) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING OUR WEBSITE, (v) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, AND/OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE OR YOUR USE THEREOF.

Indemnification

YOU AGREE TO INDEMNIFY, PROTECT AND FULLY COMPENSATE US AND OUR AND LICENSEE’S SERVICE PROVIDERS FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) CAUSED BY OR ARISING FROM YOUR USE OF THE WEBSITE, YOUR VIOLATION OF THIS AGREEMENT OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

General and Governing Law

This Agreement constitutes the current, sole and entire agreement between you and us with respect to the use of our Website, and any and all prior “Terms of Use” with respect to the use of our Website are superseded by this Agreement. You acknowledge and agree that no practice or course of dealing between you and Gratis Technologies LLC or the Licensee or Licensee’s service providers which vary the terms and conditions of this Agreement shall constitute a modification or amendment of the terms and conditions of this Agreement. No failure by us to exercise, and no delay by us in exercising, any right or remedy shall operate as a waiver thereof. If any provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, such provision shall be deemed automatically reformed to the extent, and only to the extent, necessary to render it valid and enforceable under applicable law; however, if such reformation of the provision is not reasonably possible, the provision shall be deemed severed from this Agreement with respect to the person or circumstances as to which such provision shall be invalid or unenforceable, and the remainder of this Agreement shall continue in full force and effect to the fullest extent permitted by law. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflicts of laws provisions or your actual state or country of residence, and applicable federal law. For purposes of any action or proceeding arising out of this Agreement, you expressly submit to the jurisdiction of all federal and state courts located in the State of Tennessee, and agree that we, in our discretion, may require that Chattanooga, Tennessee, be the venue for any legal proceedings arising out of or related to this Agreement. You waive and agree not to assert in any action, suit or proceeding that you are not personally subject to the jurisdiction of such courts, that the action, suit or proceeding is brought in an inconvenient forum, or that venue of the action, suit or proceeding is improper. In the event that you should have any claim or cause of action against us arising out of your use of the Website, you agree that, regardless of any statute or law to the contrary, such claim or cause of action must be initiated or filed in a court of competent jurisdiction within six (6) months after accruing or be forever barred.

Our Privacy Policy is incorporated into these Terms by reference: Privacy Policy.