Collection of Information
The purchase of a motor vehicle requires considerable accumulation of nonpublic personal information. For example, if we sell or lease you a vehicle - extending you credit at your request - we will receive information from you in order to determine your creditworthiness. We may also obtain information from a credit-reporting agency. We may also obtain information from third parties such as employers, references and insurance companies.
Some of the information we obtain from you may be required by state of federal agencies, such as the Department of Motor Vehicles or the Internal Revenue Service. This information may be required even if you were to pay cash for your vehicle. Examples would be a driver's license or social security number.
Protecting Your Information
Unless we have indicated our desire to share your nonpublic personal information with non-affiliated third parties (by checking the box in the section below), we share information:
A) For everyday business purposes, such as to process transactions, maintain account(s), respond to court orders and legal investigations, or report to credit bureaus.
B) For purposes of processing a sale or lease transaction as your request or authorize, such as submitting information to third party financial institutions that may be requested to take an assignment of the contract or verifying insurance coverage information.
C) When using outside service providers to help us provide you with products and services. Before providing information to our service providers we enter into contractual agreements prohibiting them from disclosing or using the information other than for the purpose it was disclosed.
D) With "Affiliated" companies. Companies that are affiliated with us include any company that controls us, any company we control, or any company under common control with us.
AGREEMENT TO ARBITRATION
Either you or we may elect to settle by binding arbitration any dispute between you and us, our employees, agents, successors or assigns, which may otherwise be brought in a court or before a governmental agency. Disputes submitted to arbitration pursuant to this Agreement shall be arbitrated on an individual basis and not on a consolidated, class or collective basis, unless all parties agree. This Agreement shall be enforced under the Federal Arbitration Act ("FAA") (9 U.S.C. § 1 et seq.) Any dispute shall be arbitrated in accordance with the rules of the American Arbitration Association, 1633 Broadway, 10th Floor, New York New York 10019 (www.adr.org) or, upon mutual agreement, the rules of another organization. The Arbitrator shall be a retired judge or lawyers selected pursuant to the applicable rules. The Arbitrator shall be authorized to resolve the dispute between you and us. Resolution of disputes shall be based solely upon the law governing the claims and defenses asserted. The Arbitrator shall have the authority of a trial court judge sitting without a jury, but may not modify or invalidate any provision of this Agreement or the arbitration rules, nor may the Arbitrator invoke any basis other than controlling law. The arbitration hearing shall be conducted in the federal district where the Dealer is located. We will pay the filing fee, case management fee and your arbitration fee up to a maximum of $5,000 unless the law or arbitration rules require us to pay more. Each party is responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. Nothing in this Agreement limits the arbitrator from awarding monetary damages. The arbitrator award, if any, shall be in writing and shall be final and binding on all parties except for any right to appeal under the FAA. This Agreement does not preclude self-help remedies available to either you or us, and neither party is required to arbitrate a claim filed with a small claims court or equivalent state court so long as that court has jurisdiction and unless such action is transferred or appealed to a different court. If any part of this Agreement is unenforceable, the rest of shall remain enforceable, except if the waiver of class action rights is deemed unenforceable, the remainder of this Agreement is likewise unenforceable. REVIEW CAREFULLY: THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. YOU GIVE UP YOUR RIGHTS TO HAVE DISPUTES DECIDED IN COURT OR BY A JURY. YOU GIVE UP YOUR RIGHTS TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER. DISCOVERY AND APPEAL RIGHTS IN ARBITRATION ARE MORE LIMITED THAN IN A LAWSUIT.