By accessing and using the Lexus site, you accept this policy without limitation or qualification. Your access to the Lexus site is therefore subject to this policy as well as to all applicable laws.
Lexus reserves the right to update this policy at any time when the business needs so require, and hereby we invite you to visit this page every so often to read the policy.
TERMS AND CONDITIONS
Welcome to "lexus.gt" (this "Site") operated and maintained by COFIÑO STAHL Y COMPAÑÍA, S.A. - Lexus Guatemala ("Lexus") on its own behalf and some other affiliated companies (collectively referred to as "Affiliates"). You are invited to access, navigate and use this site under the following legal terms and conditions ("Legal Terms and Conditions").
1: NOTICES OF INTELLECTUAL PROPERTY RIGHTS
Copyright © Lexus and Affiliates. All rights reserved. All content on this Site, including, among others, all software, text, data, sound, programming, visual images, graphics and the design of this Site and the selection, organization and arrangement of the foregoing (collectively, the "Content "), are protected by copyright and other intellectual property laws and are owned or licensed by Lexus or the appropriate Affiliate.
The trademarks, service marks, logos and other marks used on this Site by Lexus and the Affiliates (the "Registered Trademarks") are owned or controlled by Lexus or the appropriate Affiliate. Registered Trademarks may not be used without the prior written permission of Lexus or the applicable Affiliate and may not be used in connection with any product or service in any way that may cause confusion among customers or in any other manner that disparages or discredits Lexus or the corresponding Affiliate. All other trademarks, service marks, logos and other marks that appear on this Site are the property of their respective owners.
You agree to comply with the additional copyright notices required or the restrictions contained in any of the Contents.
2: RESTRICTIONS OF USE
You may download and use a reasonable number of copies of the Content on any computer for your personal, non-commercial use, provided that: (a) you keep intact all notices of intellectual property and other proprietary notices, (b) you do not modify the Content, and (c) you do not use the Content to suggest an association with Lexus or an Affiliate or any of its respective products, services or brands. You may not modify, publish, transmit, transfer, sell, reproduce, upload, publish, distribute, execute, display, create derivative works of, or in any way exploit any Content, in whole or in part, except as Lexus or the Subsidiary applicable expressly allow in these Terms and legal conditions. Your use of the Content for any purpose other than as expressly permitted in these Legal Terms and Conditions (including the use of any content on any other website or networked computing environment) is a violation of intellectual property rights and other rights of property of Lexus, or the applicable Affiliate and may be subject to civil liability or criminal prosecution under applicable law.
The vehicles, products and services described in this Site contain specifications and equipment exclusively from Guatemala and are available to Guatemalan residents and only where permitted by law. The pricing and other financial information on this Site is in Quetzales and US Dollars, unless Lexus or the applicable Affiliate indicates otherwise, and Lexus or the applicable Affiliate is authorized to change the prices and other financial resources at any time without prior notice. The promotional sales programs, employment opportunities and services described in this Site are only available in those provinces and territories of Guatemala that are specifically identified in the description of promotional sales programs, employment and service opportunities, prices, promotions and payment calculator of this site are only for reference, the prices and promotions of the Agencies prevail.
4: LEXUS DISTRIBUTORS
The sale of any Lexus vehicle, product or service is done through an authorized Lexus auto dealer (a "Distributor") and is subject to and governed exclusively by the Legal Terms and Conditions of the contract of sale, lease or sale applicable retailer, between you and the distributor. Distributors are not subsidiaries of Lexus or any Affiliate. Accordingly, any purchase you make will be concluded exclusively between you and the Distributor you select from this Site, and no purchase will be made with Lexus or any Affiliate. All financial services and promotional sales programs on this Site are only available through Distributors, and in the case of regional sales programs that may not be described on this Site, through Distributors in the region. The Distributor that you select from this Site reserves the right to determine if you qualify for a credit or for any promotional sales program. Distributors have no obligation to sell any vehicle, product or service at the prices published on this Site and Lexus and Affiliates are not responsible for the prices established by any Distributor. Lexus is allowed to change any vehicle specification, promotional sales programs, employment opportunities and other information available on this Site at any time without prior notice.
5: DISCLAIMER OF LIABILITY
5.1: No confidence: all information contained in this site is provided solely for informational purposes and in no way constitutes advice or an offer to buy or sell any vehicle by Lexus, or any Affiliate. You must not use or rely on the information on this Site, including, among others, the calculation of prices, taxes, financing fees and valuations, as a substitute for the information made available to you by a Distributor. In the event that any information on this Site is inconsistent with, or in conflict with, the information provided to you by a Distributor, the Distributor's information has priority and supersedes the information on this Site. All new vehicles that are not Lexus and all valuations, specifications, prices and data of vehicles used in this Site are obtained from a third party. You should not rely on those ratings, specifications, prices or data in any way. Lexus Affiliates and Distributors are not responsible for the harmful dependency that you may deposit on this Site.
5.2: No legal relationship: your use of this Site is not intended and will not be deemed to create any legal relationship of any kind between you and Lexus or the Affiliates, nor does it modify any existing legal relationship.
5.3: Future products and services: from time to time, Lexus or the Affiliates may identify future products or services proposed on this Site that are not currently available through a Distributor. This information is provided for informational purposes only and Lexus Affiliates and Distributors have no obligation to provide or deliver these products or services to you.
5.4: There are no guarantees of the site: this site, any hyperlinked site and the content and any functionality contained in this site are provided "as they are available" and without representations, warranties or conditions of any kind, either expressed or implied by Lexus or the Affiliates. Lexus and Affiliates do not warrant that functionality on this Site will be uninterrupted or error-free, that defects on this Site will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. Lexus and the Affiliates are not responsible to you for damage to your computer or computer system resulting from your access, browsing or use of this Site. Lexus and Affiliates do not represent or warrant that the information on this Site is accurate, complete or current. All risks associated with the use of this Site, including, among others, the risks associated with the quality and performance of this Site and the accuracy, completeness and timeliness of the Content are assumed solely by you.
5.5: No product warranties: Lexus and the Affiliates make no representation, warranty or condition of any kind, express or implied, with respect to any vehicle, product or service, including, among others, merchantability, commercial quality or suitability for a particular purpose of any vehicle, product or service. Lexus and the Affiliates expressly waive any other implied warranty imposed by law. If you choose to purchase a Lexus vehicle from a Distributor you select from this Site, your purchase will be governed solely and exclusively by any agreement entered into between you and the Distributor, and under no circumstances will Lexus and the Affiliates have any responsibility in regards to your purchase.
5.6: Security: this site is protected by a SSL certificate that applies security sockets layer software encryption technology to all the information you send us through this Site. Except as necessary for compliance with the Certificate Management Service, we make no representation, warranty or condition of any kind, express or implied, as to the security of any information (including, without limitation, credit card and other personal identifiable information) you may provide to us while using this Site. You are solely responsible for maintaining the confidentiality of your password (s).
5.7: General: to the maximum extent permitted by law, Lexus and the Affiliates reject all statements, warranties and express or implied conditions, including, among others, representations, warranties and conditions of merchantability, commercial quality, fitness for a particular purpose , title, non-infringement of property rights and those arising from a negotiation, exchange or performance course.
6: LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no case Lexus, any Affiliate and Distributors, and each of their respective directors, officers, agents, employees, representatives, licensors and those for whom Lexus and the Affiliates are legally responsible (collectively , "Lexus Parties") shall be liable for any special, incidental, indirect, consequential, punitive or exemplary damages of any kind (including, without limitation, damages for loss of income), loss of benefits, lack of anticipated savings, interruption of activities or any other economic or financial loss) arising out of the use or inability to use this Site or any product or service described or provided on this Site, even if any of the Lexus Parties have been warned of the possibility of such damages or could reasonably foresee the occurrence of such damages.
In any event, the entire liability of the Lexus Parties to you for all damages, losses and causes of action, whether by contract, tort (including negligence), strict liability or otherwise, will be limited to one hundred dollars ($ 100). In no case, any Lexus Party shall be liable for damages of any kind arising from the use of any hyperlinked site. You agree that this limitation of liability is exhaustive and applies to all damages of any kind.
You hereby agree to indemnify, defend and hold harmless the Lexus Parties from all claims, demands, actions, liabilities, losses, costs and expenses (including reasonable legal fees) in relation to:
(i) Any use or alleged use of this Site under your password by any other person, whether or not authorized by you.
(ii) Your breach of these Legal Terms and Conditions; and
(iii) Your violation of any law or the rights of a third party arising out of your use of this Site.
8: MODIFICATION OR TERMINATION OF THE SERVICE
Lexus and the Subsidiaries reserve the right, in their sole exclusive criteria, to restrict, suspend or cancel your access to all or part of this Site at any time and for any reason and without prior notice, without any responsibility towards you for doing it. Lexus and the Affiliates may change, modify, suspend or discontinue all or part of this Site at any time without prior notice and without liability to you for doing so.
9: LINKS TO THIRD PARTY SITES
This site contains hyperlinks to third-party websites. Your use of any website linked to this Site is at your own risk and Lexus and the Affiliates are not responsible for the availability, accuracy or reliability of the contents of any linked website or any link contained in a linked website. Lexus and the Affiliates provide you with these links for your convenience only, and the availability of any link does not imply or constitute Lexus, or the corresponding endorsement of the affiliate of the linked website or its contents.
11: CHANGES TO THESE TERMS AND LEGAL CONDITIONS
Lexus and the Affiliates reserve the right, at any time, to modify these Legal Terms and Conditions, and you agree to be subject to such modifications. Such modifications will take effect immediately after Lexus, or the corresponding Affiliate, notifies it, which may be granted by any means, including, among others, the publication on this Site. You agree to periodically review these Legal Terms and Conditions published on this Site and to be aware of such modifications. Your use of this Site after such modification constitutes your agreement to continue and be subject to the modified Legal Terms and Conditions. If at any time, these Legal Terms and Conditions are no longer acceptable to you, you must immediately suspend the use of this Site.
12: JURISDICTION; APPLICABLE LAW AND ARBITRATION
Lexus and the Affiliates do not guarantee that the Content on this Site is appropriate or available for use at any particular location. You are responsible for complying with the local laws of your location, to the extent that such local laws are applicable. These Legal Terms and Conditions and your use of this Site will be governed by and construed in accordance with the laws in effect at your location.
If any provision of these Legal Terms and Conditions is considered illegal, void or unenforceable, such provision shall be deemed severable from these Legal Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. Sections 1, 2, 4, 5, 6, 7, 9, 10, 12, 13 and 14 will remain in effect after the termination of this Agreement, as well as any other provision that, by its terms or by its nature, pretends endure. These Legal Terms and Conditions comprise the entire agreement between you and Lexus and/or the applicable Affiliate and supersede all prior agreements between you and Lexus and/or the applicable Affiliate with respect to your use of this Site.
The Parties to this Agreement declare that they have requested that this Agreement and all supporting documents be prepared in English and Spanish.