In this Consent to Receive Electronic Disclosures (“Consent”), the terms “you” and “your” refer to each customer who wants to purchase a motor vehicle from us, and the terms “we,” “us” and “our” refer to [Dealer name] and any of its affiliates, agents, independent contractors, designees, service providers or assignees.

Your Legal Rights Regarding Electronic Communications: Various laws require us to give you information in written paper form or to obtain your formal signed agreement or direction on certain matters relating to your purchase or lease of a motor vehicle, other related products or services and/or any related financing. We may provide certain information to you electronically if we first provide you this Consent and obtain your agreement to receive information electronically.

Types of Electronic Communications You May Receive: You agree and consent to receive electronically all communications, agreements, documents, notices, statements and disclosures (each a “Communication” and collectively the “Communications”) that we provide in connection with your purchase or lease of a motor vehicle, other related products or services and/or any related financing. Categories of Communications may include, but are not limited to, the following:

• agreements and policies you agree and consent to and updates to such agreements and policies;
• notices, receipts and confirmations related to your purchase or lease, including authorizations for receipt of telephonic or text outreach;
• notices and confirmations related to financing your purchases, including notices related to your credit application or disclosures related to the cost of financing or leasing;
• periodic notices and disclosures required by state or federal law (e.g., privacy notices);

Receiving a Paper Copy: You may request a paper copy of a Communication by requesting a paper copy at time of purchase. You will not be charged a fee for a paper copy of a Communication. We will not be obligated to provide any Communication to you in paper form unless you specifically request us to do so. We may send some Communications to you in paper form because we are legally required to do so or because we determine in our sole discretion that you should receive the Communication in paper rather than electronic form.

Withdrawing Your Consent to Receive Electronic Records: You may withdraw this Consent by sending an email to withdrawconsent@visionmenu.com. Your withdrawal of this Consent is effective only after we have had a reasonable period of time to act upon your withdrawal.

Hardware and Software Requirements: In order to receive, access and retain Communications electronically, you will need to have the following hardware and software:

• a computer, mobile device, tablet or similar device with an internet connection;
• a current web browser that supports HTTPS connectivity (such as, Microsoft Edge, Firefox 11+, Chrome 16+, Safari 7+, iPhone/iPad Safari 8+, Android Browser 4.4+, Android Chrome 54+, Android Firefox 50+);
• a current version of a software program that can open and display PDF files (such as an Adobe Acrobat reader);
• a valid email address with email software to communicate with us electronically; and
• an installed printer or sufficient storage space to save, store, print or otherwise retain electronic Communications.

These hardware and software requirements are subject to change. If these requirements change before the installment has been completed, we are required to provide you with notice of the change. At that time, you will have the right to withdraw or reconfirm your consent.

Your Contact Information: You agree to provide us with your current email address so that we may communicate with you electronically. You must promptly notify us of any change to your email address by e-mailing [email address]. If you give us an incorrect email address or fail to update or correct your email address, an electronic Communication will be deemed provided to you if we use the email address in our records for the electronic Communication.

This website is provided by VisionMenu, Inc. (“VisionMenu”, “we” or “us”) pursuant to these Terms and Conditions of Service (“Terms”). These Terms govern your use of this website (“Website”) and any products or services offered therefrom (collectively referred to hereafter as, the “Services”). By accessing, using, purchasing, or downloading any materials or content from this Website or via the Services, you agree to follow and be bound by these Terms and any other terms and conditions embodied by any other agreements you enter into with us, all of which constitute a legal agreement between us and you. If you do not agree with the Terms, do not use the Services.

When you use the Services, we may store some information on your computer’s hard drive. This information will be in the form of a “Cookie”. “Cookies” are information files which your web browser places on your computer when you visit a website. We uses cookies to authenticate a user as he or she navigates various parts of the Website. The information collected by Cookies helps us dynamically generate content on web pages and also allows us to statistically monitor how many people are using the Website. Cookies may also be used to automate data entry functions. We do not obtain personal information via cookies, and we do not link any data collected through cookies to any personal information. Most web browsers automatically accept Cookies but you can change your browser to prevent that. Without accepting a Cookie, your use of the Services may be affected. When you use the Services, our servers may automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request, and one or more Cookies that may uniquely identify your browser.

Using the Website and the Services. The Website and Services facilitate the execution of electronic records between you and a motor vehicle dealer (“Dealer”). We have no responsibility for or role in the operation of Dealer, and we had no role in reviewing or approving any documents, disclosures, or other records provided by Dealer to you. You should review those documents, disclosures, or other records carefully and discuss any questions you may have with Dealer. You agree that VisionMenu is not a party to any transaction between you and the Dealer that is facilitated by the Services and you acknowledge that VisionMenu does not collect or handle funds for the purchase price of any goods or services sold by the Dealer. We make no representation or warranty regarding the transactions between you and the Dealer.

User Content. All records or other content shared via the Services (“User Content”) is the sole responsibility of the person who originated such User Content. We have no responsibility and/or liability for the deletion and/or accuracy of any User Content; the failure to store, transmit and/or receive transmission of User Content; and/or the security, privacy, storage and/or transmission of other communications originating with and/or involving use of the Services. We have no responsibility for the content, quality, and format of any User Content. We are not responsible for determining how long any contracts, documents, and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. Further, we are not responsible for or liable to produce any records executed via the Website or the Services.

No legal advice. The Services do not provide legal advice and we are not a law firm. Part of the Services may involve the making of contracts, and/or delivery of related records or information. We recommend you consult with a lawyer if you want legal advice. We do not offer any legal advice, legal opinions, recommendations, referrals, and/or counseling. We are not involved in agreements between you and the Dealer or any other parties.

Availability. We retain the right, in our sole and absolute discretion, to deny access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services due to circumstances both within our control and outside of our control. You are solely responsible for ensuring that your access to and/or use of the Services is in compliance with all laws, rules and regulations applicable to you. Further, the Services are offered only for your use, and not for the use and/or benefit of any third party.

Ownership and Rights to Access and/or Use the Services. By using the Services and subject to your compliance with the Terms: (i) we grant to you a limited, personal, non-exclusive, non-transferable, revocable right to use and/or access the Services; and (ii) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Services without our express prior written permission. Neither the Terms nor your access to and/or use of the Services transfers to you and/or any third party any rights, title and/or interest in any intellectual property rights related to the Services.

Reservation of Rights. Our Services are protected by applicable intellectual property laws, including United States copyright law. Subject to the limited rights expressly granted hereunder, we reserve all right, title and interest in and to the Services, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. We reserve the right to amend or terminate the Services without warning. Unless otherwise agreed to by us in writing, all features, content, specifications, products, and services described, depicted, or made available via the Services are subject to change at any time without notice, except as may be required by applicable law.

Without limiting the foregoing, by using the Services, you agree not to:

• Translate, modify or create derivative works of the Service;
• Upload, download, recreate, display, perform, post, reproduce or copy the Service, except to the extent permitted herein;
• Disclose, publish, distribute, sell, assign, lease, sublicense, market or transfer the Service;
• Attempt to derive the source code, source files or structure of the software contained in the Service by reverse engineering, disassembly, decompilation or any other means;
• Use the Services except in accordance with all applicable law;
• Introduce into the Website or Services any “malware,” such as, but not limited to, viruses, worms, and Trojan Horses;
• Post, transmit or link from any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law;
• Use the Services in any manner that could damage, disable, undermine, overburden or impair the Services, the Website, or the servers on which it runs or interfere with any other party’s use of the Services;
• Obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Services; or
• Use any of the logos, trademarks, service marks or other indicators of origin appearing on the Services.

You agree that we and our licensors retain all ownership rights in the Website and Services (including any tools and/or proprietary content made available through the Services) and that you do not receive any ownership rights or license rights, except as set forth herein, by accessing or using the Website or the Services or by consenting to these Terms. All trademarks, service marks and trade names are owned by the Dealer or VisionMenu or other respective owners. The entire content of the Services and the Website, including but not limited to text, design, software, photography, video, graphics, music, sound, information and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all content).

We are under no obligation to become involved in any dispute that you have with the Dealer, other users of the Services, or any other third party. We disclaim all liability relating to any User Content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any User Content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User Content and any other User Content. You are solely responsible for any damage (including without limitation to the Services) resulting from use (and/or submission) of any User Content and/or the Services (including without limitation disputes and incidents described in the preceding sections) and related transactions and/or occurrences.

The Services may integrate with and/or provide links to various other independent third-party products and/or services (“Linked Sites”) that may be of interest to you and are for your convenience only. We do not control and/or endorse such Linked Sites and are not responsible for their content nor are we responsible for the accuracy and/or reliability of any information, data, opinions, advice and/or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with Linked Sites at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit. We reserve the right to terminate any link and/or linking program at any time in its sole and absolute discretion. We disclaim all warranties, express and implied, as to the accuracy, validity and legality and/or otherwise of any materials and/or information contained on such Linked Sites.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Except as set forth in the “Limitations on Liability” section, if you are dissatisfied with the Services, your sole and exclusive remedy is to discontinue using the Services.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISONMENU, ITS AGENTS, REPRESENTATIVES AND VENDORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST OR CORRUPTED DATA OR CONTENT, ANY ERRORS CAUSED BY THE SERVICES AVAILABLE THROUGH THE WEBSITE, OR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF USE OF THE SERVICE OR ANY SUBJECT MATTER OF THESE ONLINE TERMS OF SERVICE, EVEN IF WE HAVE BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES UNDER ANY THEORY OF LIABILITY. IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE SERVICES WHICH IN THE AGGREGATE IS MORE THAN $200.

You agree to indemnify us, our licensors, vendors, insurers, agents and commercial partners and our respective officers, directors, employees and agents from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorney’s fees, that arise from any content or data you post, transmit or link from on the Services, your misuse of the Services, including, but not limited to, your violation of these Terms, or your violation of any rights of any third party. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE THE TERMINATION OF THESE TERMS AND YOUR USE OF THE SERVICES.

The laws of the State of Texas govern these Terms, without reference to its conflicts of law principles, except that the federal law of the United States shall apply to questions regarding the validity, infringement or enforceability of U.S. federal patent, copyright and trademark rights relating in any way to these Terms, the Website or the Services.

If any provision of these Terms are is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. The failure of either you, us, or the Dealer to require performance by the other party of any provision of these Terms will not affect the right to require performance at any time in the future; nor will the waiver by either party of a breach of any provision be taken or held to be a waiver of the provision itself.