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Element Online Employee Purchase Program
This agreement is entered into between Element Vehicle Management Services, LLC ("EVMS") and any User (“User”) of the Element Employee Purchase Program website (the “Site”). User agrees to the terms of this agreement for the purpose of gaining access to a variety of EVMS proprietary and confidential databases and restricted areas of information accessible through the Element Employee Purchase Program website. In addition, User agrees to the terms and conditions of the sale of Vehicles as described herein. By using Element Employee Purchase Program Site, the User agrees to comply with all of the terms and conditions as stated in this agreement.
Use of Employee Purchase Program Website. Use of this Site is limited to employees of EVMS’s clients. Use of this Site by others is strictly prohibited unless specifically authorized by EVMS.
DISCLAIMER OF WARRANTIES. ALL VEHICLE SALES ARE “AS IS” AND “WHERE IS” WITH NO EXPRESS OR IMPLIED WARRANTIES.
Sale of Vehicles. All Vehicle sales are subject to further sale documentation by the Purchaser and EVMS. Purchasers are responsible for all costs and fees including, but not limited to all taxes, license, title fees, registration fees, safety inspections and emissions tests. In addition to all other fees, Purchaser shall pay EVMS a document processing fee for each Vehicle. Vehicle information and Vehicle ratings may be provided by third parties and EVMS cannot ensure the accuracy of such information. EVMS reserves the right to terminate any sale at any time and restrict sales for any reason including, but not limited to, limiting sales in certain jurisdictions due to applicable regulations or laws.
Payment Terms and Financing. Subsequent to completing the information to commence the sale process, Purchasers will receive additional documentation from EVMS which must be returned, together with the purchase price and all required fees, within seven (7) days of the "purchase date" as indicated in the site. All sales are final only upon receipt of the purchaser price and properly executed documentation approved by EVMS.
Vehicle Delivery. All Vehicles are located at a dealer who holds the vehicle until all documentation is completed. No test drives are permitted. Once the purchase price and all applicable documentation are received by EVMS, the dealer will be informed that the Vehicle has been sold and can be made available to the purchaser for pick up. No deliveries will be permitted until the Purchaser can provide proof of ownership, proof of identity and plates for transporting the vehicle.
Marketing. The Site is provided to allow EVMS’s clients to access information regarding client’s vehicles for sale. EVMS provides the Site to its clients for the purpose of allowing clients to display information on such Vehicles and assist EVMS’s clients in arranging a sale of such Vehicles.
Disclaimer. User acknowledges that the Site may be hosted by a third party provider. EVMS shall not be liable to User or others for delays, cancellations or interruptions of the availability of the Site or data for any reason. EVMS does not warrant that the Site, nor any of its links and related sites, will be free from defect nor free of viruses or other harmful components. EVMS shall not be liable for any consequential, indirect, special or incidental damages arising out of the use of the Site.
Protection of Content. Element Employee Purchase Program is owned and operated by EVMS and the databases and information accessible through the Site are proprietary and confidential to EVMS and subject to protection under law. User recognizes the special value and importance of the protection of the material, substance, processes, capabilities, character and essence of the Site and its restricted areas. User agrees to hold information related to the operation and character of the Site in confidence and not to make any disclosure to a third party without the prior written consent of EVMS. User shall exercise all precautions commensurate with the highest reasonable standards of security for the protection of proprietary information and trade secrets to ensure proprietary information and trade secrets are not disclosed. User shall have no right to use any EVMS trademarks.
Change in Service. EVMS may change, suspend, or discontinue any aspect of the services provided, including the availability of any feature, database or content of the Site, at any time without notice and without liability.
Amendments to Agreement. EVMS reserves the right, at its sole discretion, to change, modify, add or remove any portion of this agreement at any time without notice or liability and such modification shall become effective upon posting on the Site. User's access to the restricted areas of the Site following such modification shall be conclusively deemed to be User's acceptance of such modification.
Security. User shall not circumvent the encrypted data or gain access to more data than permitted under any agreement with EVMS. The User is responsible for all security, and all use of the User’s password. User acknowledges that any information considered User confidential may be viewed by EVMS employees and third parties providing related services to EVMS. User agrees that confidential information may be entered by User into the Site solely at User's own risk.
Other Agreements. All representations, obligations, disclaimers and/or warranties made by EVMS and User or its employer in any other written agreement will continue in full force and effect.
Severability. In the event that any provision of this agreement shall be held invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement.
Governing Law. This agreement shall be governed by, and construed in accordance with, the laws of the State of Maryland without reference to its principles of conflicts of law.
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