The website operated at https://www.cactusauto.com and such other locations as made available from time to time (collectively, the “Site”) and the services offered therefrom (collectively, the “Services”) are provided on behalf of Cactus Auto (“Cactus Auto”) by 321 Ignition Inc. and its corporate affiliates (collectively, “us”, “we” or the “321 Ignition Companies”). Cactus Auto, alone, is responsible for automobile sales, car loans, special offers, and promotions, including Manager’s Specials, any other transactions, and all information and representations regarding the same.
By accessing or using the Service, you (“you” and, together with all persons accessing or using the Service, collectively, the “Users”) signify that you have read, understand and agree to be bound by this Agreement (this “Agreement”) in all respects with respect to the Site, our provision of the Service, and your use of them.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
Cactus Auto may occasionally offer promotional Gift Cards through this website. Limit one Gift Card redemption per household per 6 months. Gift Cards can only be redeemed at the Cactus Auto dealership location reflecting the website where the offer was presented online. It may be redeemed only once. Void if copied or transferred and where prohibited or otherwise restricted. Improper use including any organized redemption campaign by any individual or group constitutes fraud. Gift Card may not be reproduced, copied, purchased, traded or sold. No refunds for any unused or partially used Gift Cards. Cactus Auto employees and their family members are not eligible. Cactus Auto and its affiliated companies are not liable for any loss, damage, or delay to any person or property in connection with the use of any Gift Card. By signing up for this Promotion you agree to receive communications related to this Promotion. Dealer reserves the final decision to redeem or refuse any reward card certificate or Gift Card. Must be 18 or older and present a valid U.S. Driver’s License to qualify. Shipping to U.S. addresses only. Valid email address must be provided to qualify for offer.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement from time to time without further notice. If we do this, we will post the latest version of this Agreement on this page at https://www.cactusauto.com, and we will indicate at the bottom of such page the date of the last revision or modification. Your continued use of the Service, which use includes your continuing to make available your User Content (defined below) on the Service, after any such change, modification, addition or deletion constitutes your acceptance of the Agreement as then revised. If you do not agree to abide by this or any future version of the Agreement, do not use or access (or continue to use or access) the Service.
In this Agreement, “Content” means all materials and content of any type, including, but not limited to, photos, graphics, images, designs, profiles, messages, information, notes, text, information, music, sound, video, articles, and software. All Content available or stored on the Service (other than your User Content, as defined below, but including the Service itself) together with any Content made available by the 321 Ignition Companies or any third party, and the selection and arrangement of all such Content and User Content (collectively, the “Service Content”), is owned fully by us or our licensors with all rights reserved, and the 321 Ignition Companies (or, as applicable, our licensors) retain and shall retain all right, interest and title (including all intellectual property rights) in and to all Service Content. Any use of the Service or the Service Content other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will automatically terminate all licenses granted by us herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright, privacy, trade-secrets and trademark laws and applicable communications regulations and statutes.
Provided that you are eligible for use of the Service, and that you agree to this Agreement, we hereby grant you a limited, personal, non-transferable, revocable (at any time with or without notice or cause) and non-exclusive right and license to access and use the Service and to download or print a copy of any portion of the Service Content solely for your personal, non-commercial use, subject to this Agreement and provided that you keep all copyright or other proprietary notices intact. Any Service offered through the Site are offered only in jurisdictions where they may be legally offered, and are offered only to persons to whom it is lawful to make a solicitation. You agree to comply with all applicable laws, rules, and regulations governing your use of the Site and the Services.
You acknowledge and agree that the Service is available for your personal, non-commercial use only. Without restricting anything else in this Agreement, you agree not to:
(a) use the Service or the Site unless you are over the age of 18,
(b) alter, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, Service Content
(c) except to the extent required to be permitted by the law of your jurisdiction, reverse engineer, decompile, or disassemble, translate or otherwise attempt to extract the source code from the Service, the Service Content, or any part thereof,
(d) make the Service or Service Content available to anyone, or permit anyone to access same, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Service in any way except in furtherance of your permitted use in accordance with this Agreement,
(e) republish any Service Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, without our prior written permission or the permission of the particular Content owner, as the case may be,
(f) use any data mining, robot or similar data gathering or extraction methods with respect to any Service or any Service Content,
(g) provide conflicting or duplicative User Content, or provide User Content on behalf of an individual other than yourself, or provide User Content on behalf of any group or non-individual entity,
(h) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, in your User Content or otherwise;
(i) upload, post, transmit, share or otherwise make available on the Service any User Content that (i) consists of any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, or (ii) contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security Numbers (SSN), credit card numbers, financial information and other personally identifying or private information, unless that third party has consented to such use of its private information, (iii) in our sole discretion, is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or (v) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law,
(j) disable or circumvent any access control or related process or procedure established with respect to the Service, or attempt to gain unauthorized access to the Service or Service Content,
(k) remove any copyright or other proprietary notices on or in the Service, Service Content or any part thereof,
(l) use the Service or any Service Content to “stalk”, intimidate, harm or otherwise harass another User or another person, nor use or attempt to use another person’s User Content for any reason whatsoever,
(m) intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations thereto, or any court order or lawful order of any governmental authority,
(n) access the Service in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of the Service or Service Content,
(o) utilize the Service in any way except as expressly permitted by this Agreement, including by developing or using any software tool or other application that interfaces with the Service or the Site except for standard web browsers,
(p) interfere with or disrupt the Service or Service Content (including the servers, networks or technology connected to the Service), or Trademarks. Notwithstanding anything else in this Agreement, “Cactus Auto”, the Cactus Auto logo and design, and all other trade-marks, trade dress, graphics, logos, designs, page headers, button icons, scripts and service names used by the 321 Ignition Companies on or in connection with the Service (collectively, the “Marks”) are registered trademarks, trademarks or trade dress of the 321 Ignition Companies or our licensors and all right, title and interest in and to the Marks, whether registered or not, are and shall remain vested in us or in our licensors, as applicable. The Marks may not be used, including as part of trademarks, trade names, trade dress or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
The Service may contain (or you may be presented through the Service) links to other web sites (“Third Party Sites”) as well as Content belonging to or originating from parties other than us or our Users (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Service or any Third Party Content available on the Service, including, without limitation, the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. The inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third Party Sites, you do so at your own risk and you acknowledge and agree that our terms and policies do not govern same. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Service. Reference on the Service to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply (a) endorsement, sponsorship or recommendation thereof by, or (b) or any affiliation thereof with the 321 Ignition company.
We reserve the right at any time and from time to time to perform maintenance on, to add to, to remove from, to make upgrades and updates to, to suspend, and to modify the Service or any part thereof with or without notice. NOTWITHSTANDING ANY PROVISION HEREIN, YOU AGREE THAT WE SHALL NOT BE LIABLE IN ANY MANNER TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MAINTENANCE, ADDITION, REMOVAL, UPGRADE, UPDATE, SUSPENSION OR MODIFICATION.
We may run advertisements and promotions on the Service. You agree that we have the right to run such advertisements and promotions. The manner, mode, and extent of advertising by us on the Service is subject to change in our sole discretion.
(a) Availability. The Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. We are not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any web site (including the those in the Service) or combination thereof.
(b) AS IS; AS AVAILABLE. THE SITE AND OUR SERVICES PROVIDED TO YOU FOR YOUR PERSONAL USE IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE SITE, INCLUDING ANY LINKS OR CONTENT, AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE SERVICE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THE 321 IGNITION COMPANIES DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE 321 Ignition CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE 321 IGNITION COMPANIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. THE 321 IGNITION COMPANIES DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR THIRD PARTY SITES.
(c) Clarifications. Without limiting that in any way, to the maximum extent permitted by applicable law, we make no warranty that (i) the Site, our Service, or any Content, linked or related websites or other materials will meet your expectations or satisfy your requirements; (ii) vehicle financing, or any other products or services, will be available to you; (iii) the results that may be obtained from the use of the Site, our Service, or any Content will be complete, accurate, reliable or useful; (iv) the quality of any products, services, programs, information, or other material accessed by you through your use of the Site or our Service will meet your expectations; or (v) any errors in the Site, Content or other materials will be corrected.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED BY APPLICABLE LAW (AND, THEN, ONLY TO THE STRICT EXTENT OF SUCH RESTRICTION),
(a) THE COLLECTIVE, AGGREGATE LIABILITY TO YOU OF THE 321 IGNITION COMPANIES AND OF THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS (THE “321 IGNITION COMPANIES PARTIES”), FOR ANY CAUSE, ACTION OR DAMAGE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE 321 IGNITION COMPANIES FOR THE SPECIFIC SERVICES TO WHICH SUCH DAMAGE RELATES DURING YEAR IN WHICH SUCH CAUSE AROSE; PROVIDED, HOWEVER, THAT IF NO SUCH FEES ARE PAID BY YOU TO THE 321 IGNITION COMPANIES FOR ANY SUCH SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE 321 IGNITION COMPANIES PARTIES, REGARDLESS OF THE CAUSE OF ACTION;
(b) IN NO EVENT WILL THE 321 IGNITION COMPANIES PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION (AND WHETHER DIRECT OR INDIRECT), FOR ANY LOST PROFITS, LOST BUSINESS OPPORTUNITIES OR SIMILAR LOSSES ARISING FROM YOUR USE OF THE SERVICE, THE SERVICE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE (INCLUDING ALL THIRD PARTY CONTENT AND THIRD PARTY SITES), EVEN IF THE 321 IGNITION COMPANIES PARTIES ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU EXPRESSLY ACKNOWLEDGE THAT WE HAVE ENTERED INTO THIS AGREEMENT WITH YOU, AND HAVE AND WILL MAKE THE SITE AND OUR SERVICE AND SERVICE CONTENT AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH ABOVE, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THE AGREEMENT BETWEEN YOU AND US.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DIRECT DAMAGES, IMPLIED WARRANTIES OR CONDITIONS, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS, BUT ONLY TO THE EXTENT SO REQUIRED BY SUCH APPLICABLE LAWS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
You agree that the laws of Washington State, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of Washington State with respect to any dispute hereunder.
Notwithstanding any term herein related to User Content, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (collectively, “Submissions”), provided by you to us are nonconfidential and shall become the sole property of the 321 Ignition Companies, who shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination thereof for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
When you use the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to the email address attached to your User Account through your Registration Data or by posting notices on (a) the Service at-large, or (b) into your personal message center available on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Headings are for convenience only and shall not be used to interpret, or as a guide for interpretation of, this Agreement. The word “or” is not exclusive and the word “including” is not limiting (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto). A word importing the masculine gender includes the feminine and neuter, a word in the singular includes the plural, a word importing a corporate entity includes an individual, and vice versa and “person” will mean an individual, partnership, corporation (including a business trust), joint stock company, trust unincorporated association, joint venture, or other entity or a government or any agency, department or instrumentality thereof and vice versa.
This Agreement constitutes the entire agreement between you and us regarding the use of the Service, superseding any prior agreements between you and us relating to your use of the Site or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall inure to the benefit of, and be binding upon, parties hereto and their respective heirs, executors, administrators, successors, and assigns.
The parties have requested and agree that this Agreement and all documents relating thereto be drawn up in English.
If you wish to contact us with any questions, comments, or concerns regarding this Agreement, the Site or the Services, or to provide any notice under this Agreement, please contact us at (520) 888-0910.