Welcome to SRSCARS.COM (the “Website”), operated by SRSCARS LLC(“Company,” “we,” “us,” or “our”). By accessing or using the Website, you agree to these Terms of Service (“TOS”). If you do not agree, please do not use the Website.
1. Acceptance of Terms
By using the Website, you confirm you are of legal age and capacity, or have parental/guardian consent if you are a minor. If you accept these TOS on behalf of an entity, you represent you have authority to bind that entity.
2. Use of the Website
- License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal or internal business purposes.
- Prohibited Conduct: You will not (a) violate laws; (b) attempt unauthorized access to the Website, systems, or data; (c) use automated scraping/crawling without our prior written consent; or (d) interfere with security or operation of the Website.
3. Vehicle Listings; Pricing & Availability
- Vehicle descriptions, pricing, images, features, and availability are provided for informational purposes and are subject to change without notice. Inventory is subject to prior sale.
- We strive for accuracy but do not guarantee error-free content (including price, mileage, options, or specifications). We may correct errors and are not obligated to honor inaccurate information.
- Odometer readings, accident history, and title information may be sourced from third parties; we do not guarantee their completeness or accuracy.
4. Financing, Payments & Delivery
- Financing is offered via third-party lenders and subject to credit approval. Terms, rates, and availability vary. You may use your own bank/credit union.
- Accepted payment methods may change. We do not accept American Express.
- Delivery/transport may be coordinated via third-party providers as a referral; we are not responsible for delays, damages, or losses during transport.
5. Third-Party Services
The Website may integrate third-party services (e.g., fonts/CDNs, analytics, payment processors, lenders). Your use of those services is subject to their terms and privacy policies. We are not responsible for their practices.
6. Intellectual Property
All trademarks, logos, designs, software, and content on the Website are owned by SRSCARS or its licensors and are protected by law. You may not reproduce, distribute, or create derivative works without our prior written permission.
7. Disclaimers
- The Website and all content are provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, or non-infringement.
- Unless otherwise stated in a signed retail installment agreement or buyer’s order, vehicles are sold “AS IS” with no warranties from SRSCARS. Any third-party service contracts or warranties are between you and the provider.
8. Limitation of Liability
To the fullest extent permitted by law, SRSCARS, its owners, officers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, loss of data, business interruption, or reputational harm — arising from or related to your use of the Website, vehicle listings, or any services.
In all cases, our aggregate liability for claims arising out of or related to the Website, listings, or any transaction with SRSCARS shall be limited to the amount you actually paid to SRSCARS for the vehicle or service giving rise to the claim. If no purchase was made, our total liability shall not exceed $500 USD.
The foregoing limitations **do not** limit liability for fraud, intentional misconduct, or where liability cannot be limited under applicable law (e.g., certain personal injury claims). Some jurisdictions do not allow certain limitations; in those jurisdictions, the limitations apply to the maximum extent permitted.
9. Indemnification
You agree to indemnify, defend, and hold harmless SRSCARS and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Website; (b) your breach of these TOS; or (c) your violation of law or third-party rights.
10. Dispute Resolution; Waivers
- Informal Resolution: Before filing a claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally within 30 days.
- Arbitration: If unresolved, disputes shall be submitted to binding arbitration in Miami-Dade County, Florida, administered by a recognized arbitration provider under its commercial rules. The arbitrator may award individual relief only.
- Class-Action Waiver: Disputes must be brought in your individual capacity; class, consolidated, or representative actions are not permitted.
- Jury-Trial Waiver: To the extent permitted by law, both parties waive any right to a jury trial.
- Small Claims: Either party may bring an individual action in small claims court in Miami-Dade County, Florida.
11. Privacy
Your use of the Website is also subject to our Privacy Policy. Third-party services used on or linked from the Website have their own privacy practices.
12. Changes to the TOS
We may modify these TOS at any time. Changes are effective upon posting. Your continued use of the Website after changes are posted constitutes acceptance of the updated TOS.
13. Miscellaneous
- Governing Law: Florida law governs these TOS, without regard to conflict of laws rules.
- Severability: If any provision is found unenforceable, it will be modified to the minimum extent necessary; the remainder remains in effect.
- Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control (e.g., natural disasters, labor disputes, outages).
- No Professional Advice: Content is informational only and not legal, financial, or technical advice.
- Assignment: You may not assign these TOS without our consent; we may assign them in connection with a merger, acquisition, or asset sale.
- Entire Agreement: These TOS are the entire agreement regarding Website use and supersede prior or contemporaneous communications about the Website.
- Contact: [email protected] • (786) 254-4900 • 2400 NW 79th St, Miami, FL 33147
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.