Terms of Service | Funkys Automotive

This website (the "Service") is operated by Overfuel Inc. ("Company") on behalf of A division of ETC Auto Group, an automotive dealership ("Dealer"). Overfuel offers this Service, including all functionality available from this website to you ("User") conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

OVERFUEL'S ROLE

Overfuel operates this Service to connect Dealer with individuals looking to purchase or service vehicles. Overfuel is not in the business of selling or servicing vehicles, but rather a software vendor providing consumers like You with access to Dealer's website. You acknowledge that Overfuel will not be party to any purchase you make from Dealer. Nothing within Service shall be considered an offer to contract.

GENERAL TERMS

All vehicles are sold on an "as-is" basis unless otherwise stated. Pictures may not represent the actual vehicle. Prices and offers are subject to change at Dealer discretion, and do not include taxes and government fees. Mileage listings are estimates and can change over time.

Please verify all vehicle options with the Dealer prior to completing your purchase. Dealer does its best to describe each vehicle accurately and completely. However, due to a number of issues including our use of third-party data and variability of vehicle models, we cannot certify that all information listed is correct. Dealer will attempt to correct any discrepancies upon Customer notification, but pricing and listing errors are considered invalid and may or may not be honored at the sole discretion of Dealer. While inventory is updated daily, vehicle purchases or other changes to inventory may lead to a listed vehicle being unavailable.

The payment calculator provides estimates only, and should not be used to determine exact finance terms, which are subject to final lender approval. Dealer is not a lender, but may be able to assist you in obtaining financing from a third-party lender.

THIRD-PARTY LINKS

Certain functionality available via this Service may include materials from third parties.

Third-party links may direct you to third-party websites that are not affiliated with Overfuel or Dealer. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see [LINK TO PRIVACY POLICY]

"AS IS" and "AS AVAILABLE"

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Digital Millennium Copyright Act ("DMCA")

Overfuel Inc. respects the intellectual property rights of others. Per the DMCA, Overfuel Inc. will respond promptly to claims of copyright infringement on the Service if submitted to Overfuel Inc.'s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Overfuel Inc. will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

If you believe that your intellectual property rights have been violated by Overfuel Inc. or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service, with a URL if possible;
An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Overfuel Inc., can contact you;
A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
Your electronic or physical signature.

Overfuel Inc. may request additional information before removing any allegedly infringing material. In the event Overfuel Inc. removes the allegedly infringing materials, Overfuel Inc. will immediately notify the person responsible for posting such materials that Overfuel Inc. removed or disabled access to the materials. Overfuel Inc. may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c). Overfuel Inc. designated Copyright Agent is:

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER OF USER'S ACTUAL PROVABLE LOSSES OR $100 (ONE HUNDRED DOLLARS).

EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES

IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES BASED UPON LOST PROFITS, BUSINESS INTERRUPTION, LOST BUSINESS, OR LOST SAVINGS (EXCEPT THAT IN CASE OF BREACH BY CUSTOMER, BRAMMER CAN RECOVER ITS LOST PROFITS UNDER THIS AGREEMENT THAT BRAMMER LOST AS A RESULT OF THE CONTRACT NOT BEING FULLY PERFORMED)) FOR ANY ACTS OR FAILURE TO ACT UNDER THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE.

TIME TO FILE A CLAIM

NO CLAIM MAY BE BROUGHT BY USER UNDER THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CLAIM.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or Overfuel. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Service, or when you cease using it.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and may deny you access to Service (or any part thereof).

ENTIRE AGREEMENT

Overfuel's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Overfuel (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW AND VENUE

Except to the extent that federal law preempts state law with respect to the matters covered hereby, your use of this Service will be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Indiana and exclusive venue shall be any federal or state court located in Marion County, Indiana.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

Overfuel reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@overfuel.com.