Website Terms & Conditions of Use
PLEASE READ THESE TERMS CAREFULLY. These Terms contain a binding arbitration agreement and class action waiver (Section 13) that affect your legal rights. By accessing or using this website, you agree to resolve most disputes with JPAmaro Auto Sales through binding individual arbitration rather than in court.
1. Acceptance of These Terms
These Terms and Conditions of Use (“Terms”) govern your access to and use of the website operated by JPAmaro Auto Sales (“JPAmaro,” “we,” “us,” or “our”), a used vehicle dealership located at 22645 Highway 26, West Point, California, including all pages, content, features, and services made available through the website (collectively, the “Site”).
By accessing, browsing, or using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you must not access or use the Site.
We may revise these Terms at any time by updating this page. Changes are effective when posted. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.
2. Nature of the Site; No Offer to Sell
The Site is provided for informational purposes to allow visitors to view vehicles that may be available for sale at our dealership, learn about our services, and contact us. The display of any vehicle, price, or other information on the Site does not constitute a binding offer to sell. All vehicle listings are invitations to inquire only.
A binding sale of any vehicle occurs only upon execution of a written purchase agreement signed by both you and an authorized representative of JPAmaro Auto Sales at our dealership, and completion of all applicable documentation required under California law. No online communication, inquiry, deposit request, or Site interaction creates a contract of sale.
3. Vehicle Listings, Pricing, and Availability
We make reasonable efforts to ensure that vehicle descriptions, photographs, specifications, mileage, features, and pricing displayed on the Site are accurate. However, information is provided by multiple sources and may contain errors, omissions, or outdated data. Accordingly:
- Errors and omissions. All prices, specifications, mileage figures, equipment descriptions, and photographs are subject to change without notice and may contain typographical, photographic, or data-entry errors. We reserve the right to correct any error and to refuse or cancel any inquiry or pending transaction arising from an erroneous listing, including after an inquiry has been submitted.
- Availability. Vehicles shown on the Site may have been sold, placed on hold, or otherwise become unavailable before the listing is removed or updated. Listing a vehicle on the Site is not a guarantee of its availability.
- Prices exclude government fees and taxes. Unless expressly stated otherwise, advertised prices exclude government fees and taxes, any finance charges, any dealer document processing charge, any electronic filing charge, and any emission testing charge, as applicable under California law.
- Photographs. Photos may not depict the exact vehicle offered or its current condition, and may show optional equipment. Actual vehicle condition, features, and appearance should be verified in person before purchase.
- Mileage. Displayed mileage is approximate and may differ from actual mileage at the time of sale due to test drives, transport, and demonstration use.
You are responsible for verifying all information — including price, condition, history, title status, and features — directly with JPAmaro Auto Sales and by personal inspection before entering into any purchase.
4. Used Vehicles; Condition Disclosures
JPAmaro Auto Sales sells used vehicles. Unless a specific written warranty is provided at the time of sale, used vehicles may be sold “AS-IS” to the extent permitted by California law, as indicated on the FTC Buyers Guide displayed on each vehicle at the dealership. Nothing on the Site creates, extends, or modifies any warranty. Statements on the Site regarding a vehicle’s condition, history, or quality are general descriptions only and are not warranties or guarantees.
Vehicle history reports (such as those from third-party providers) that may be referenced or linked on the Site are prepared by third parties from available records and may be incomplete or inaccurate. We do not warrant the accuracy or completeness of any third-party vehicle history report.
5. Financing and Trade-In Information
Any financing terms, monthly payment estimates, or payment calculators presented on the Site are illustrative estimates only, are not offers of credit, and are subject to credit approval by the applicable lender. Actual terms depend on your creditworthiness, the lender’s requirements, applicable law, and the final negotiated transaction. Any trade-in value estimate provided through the Site is preliminary and non-binding, and is subject to in-person inspection and appraisal of the vehicle.
6. Permitted Use of the Site
You may use the Site only for lawful, personal, non-commercial purposes related to shopping for a vehicle or doing business with JPAmaro Auto Sales. You agree that you will not:
- Use the Site in any way that violates any applicable federal, state, or local law or regulation;
- Scrape, harvest, crawl, data-mine, or use automated means (including bots or spiders) to access, copy, or collect content or data from the Site without our prior written consent;
- Copy, reproduce, republish, or redistribute Site content, including vehicle photographs and listings, for any commercial purpose;
- Attempt to gain unauthorized access to the Site, its servers, or any connected systems or networks;
- Introduce viruses, malware, or any other harmful code, or interfere with the Site’s operation or security;
- Impersonate any person or entity, or submit false or misleading information through any contact or inquiry form;
- Frame or mirror any part of the Site without our prior written consent.
We reserve the right to restrict, suspend, or terminate your access to the Site at any time, without notice, for any conduct that we believe violates these Terms or is otherwise harmful to us or other users.
7. Submissions and Communications
When you submit an inquiry, request information, or otherwise communicate with us through the Site, you represent that the information you provide is accurate and that you are authorized to provide it. By providing a phone number or email address, you consent to being contacted by JPAmaro Auto Sales regarding your inquiry by phone, email, or text message, as permitted by applicable law. Standard message and data rates may apply. You may opt out of marketing communications at any time by following the instructions provided in the communication or by emailing john@jpamaro.com.
Any suggestions, feedback, or ideas you voluntarily submit to us regarding the Site or our business become our property, and we may use them without restriction or compensation to you.
8. Intellectual Property
The Site and all of its content — including text, vehicle descriptions, photographs, graphics, logos, trade names, page designs, and software — are owned by or licensed to JPAmaro Auto Sales and are protected by copyright, trademark, and other intellectual property laws. “JPAmaro Auto Sales” and associated logos are trade names and marks of JPAmaro Auto Sales. Except for viewing and printing pages for your personal, non-commercial use, no content from the Site may be copied, reproduced, distributed, or used without our prior written permission.
9. Third-Party Links and Services
The Site may contain links to third-party websites or services, such as vehicle history providers, lenders, mapping services, or social media platforms. These are provided for convenience only. We do not control and are not responsible for the content, accuracy, policies, or practices of any third-party site or service. Your use of third-party sites is at your own risk and subject to their terms and privacy policies.
10. Privacy
Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and share information. By using the Site, you consent to those practices. California residents may have additional rights under California privacy law; please contact us at john@jpamaro.com with any privacy questions or requests.
11. Disclaimer of Warranties
The Site and all content, information, and services made available through it are provided “as is” and “as available,” without warranties of any kind, either express or implied. To the fullest extent permitted by law, JPAmaro Auto Sales disclaims all warranties with respect to the Site, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any information on the Site is accurate, complete, or current.
This section applies to the Site only. It does not limit, modify, or disclaim any warranty or right that applies to an actual vehicle purchase under the written documents signed at the time of sale or under applicable California law, including any rights that cannot be waived.
12. Limitation of Liability
To the fullest extent permitted by applicable law, JPAmaro Auto Sales and its owners, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost data, or loss of goodwill — arising out of or relating to your access to or use of, or inability to access or use, the Site or any content on it, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Site or these Terms shall not exceed one hundred U.S. dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
13. Binding Arbitration Agreement and Class Action Waiver
THIS SECTION AFFECTS YOUR LEGAL RIGHTS. It requires you and JPAmaro Auto Sales to arbitrate disputes on an individual basis and waives the right to a jury trial and the right to participate in class actions. Please read it carefully. You may opt out as described in Section 13(g).
(a) Agreement to Arbitrate. You and JPAmaro Auto Sales agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or your use of the Site — including its formation, interpretation, breach, or termination, and including claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — shall be resolved exclusively through final and binding arbitration on an individual basis, rather than in court, except as provided in subsection (f) below. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).
(b) Arbitration Procedure. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section. The AAA rules are available at www.adr.org. There shall be one arbitrator. The arbitration shall take place in Calaveras County, California, or, at your election, may be conducted by telephone, video conference, or on written submissions. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement, except that a court shall decide any question regarding the enforceability of the class action waiver in subsection (d).
(c) Fees. Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. If your claim is for $10,000 or less and is not frivolous, JPAmaro Auto Sales will pay the AAA filing, administration, and arbitrator fees to the extent they exceed the amount you would pay to file a claim in the small claims court of Calaveras County, California. Each party shall bear its own attorneys’ fees and costs unless the arbitrator awards them under applicable law.
(d) Class Action Waiver. You and JPAmaro Auto Sales agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable as to a particular claim, then that claim (and only that claim) shall proceed in court, and all remaining claims shall proceed in arbitration.
(e) Jury Trial Waiver. By agreeing to arbitration, you and JPAmaro Auto Sales each waive the right to a trial by jury for all disputes subject to this arbitration agreement.
(f) Exceptions. Notwithstanding the foregoing, either party may (i) bring an individual claim in small claims court in Calaveras County, California, if the claim qualifies for that court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or prevent unauthorized access to or abuse of the Site. Nothing in this Section prevents you from bringing issues to the attention of federal, state, or local agencies, which may seek relief on your behalf where permitted by law.
(g) Opt-Out Right. You may opt out of this arbitration agreement and class action waiver by sending an email to john@jpamaro.com within thirty (30) days of the date you first accept these Terms (or first use the Site, whichever is earlier), with the subject line “Arbitration Opt-Out,” stating your full name, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms.
(h) Pre-Dispute Notice. Before initiating arbitration, the party asserting a claim shall first send a written notice of the dispute to the other party describing the nature of the claim and the relief sought (for notices to us: JPAmaro Auto Sales, 22645 Highway 26, West Point, CA, or john@jpamaro.com). The parties shall attempt in good faith to resolve the dispute informally for at least thirty (30) days before either party may commence arbitration.
(i) Severability and Survival. Except as stated in subsection (d), if any portion of this Section 13 is found unenforceable, the remaining portions shall remain in full force and effect. This arbitration agreement survives the termination of these Terms and your use of the Site. This Section applies to disputes arising from the Site and these Terms; any arbitration or dispute-resolution provision contained in a signed vehicle purchase agreement governs disputes arising from that purchase according to its own terms.
14. Indemnification
You agree to indemnify, defend, and hold harmless JPAmaro Auto Sales and its owners, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your misuse of the Site, or your violation of any law or the rights of any third party in connection with your use of the Site.
15. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-law principles. Subject to the arbitration agreement in Section 13, any judicial proceeding permitted under these Terms shall be brought exclusively in the state or federal courts located in or serving Calaveras County, California, and you consent to the personal jurisdiction and venue of those courts.
16. General Provisions
- Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and JPAmaro Auto Sales regarding use of the Site, and supersede all prior understandings on that subject. They do not modify or replace any signed vehicle purchase agreement.
- Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
- No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a sale or transfer of our business.
- Headings. Section headings are for convenience only and have no legal effect.
17. Contact Us
If you have any questions about these Terms or the Site, please contact us:
JPAmaro Auto Sales
22645 Highway 26
West Point, California
Email: john@jpamaro.com
