Terms of Use

Review the rules of the road for accessing the MBUSA platform, including the content and products therein.

Effective: February 6, 2018

Introduction

These Terms of Use (“Terms”) constitute a legally binding agreement between you and Mercedes-Benz USA, LLC, its affiliates, and subsidiaries (collectively “MBUSA”) setting forth MBUSA’s obligations to you, and your obligations to MBUSA in relation to your access and use of MBUSA’s family of websites and widgets (collectively, “Sites”); and our mobile phone, tablet, and other smart device applications (collectively, “Applications”). The Sites and Applications are collectively referred to in these Terms as the “MBUSA Platform.” In these Terms, “we,” “us,” and “our,” refer collectively to MBUSA.

These Terms, our Privacy Statement, our Connected Vehicle Services terms, our Mobile Applications terms and any additional terms you have agreed to by using specific components of the MBUSA Platform (e.g. online account registration access conditions, online credit application customer agreements), make up the entire agreement between you and MBUSA related to your use of the MBUSA Platform. These Terms do not alter the terms of any other agreement you may have with us unrelated to your use of the MBUSA Platform.

By accessing and using the MBUSA Platform, you affirm that you are at least 18 years old or have parental or guardian permission to use the MBUSA Platform and that you are fully competent to enter into this agreement with MBUSA. You further agree that you will not use the MBUSA Platform for any unlawful or fraudulent purpose or in any manner inconsistent with these Terms. You further warrant that you will not violate or attempt to violate the security of the MBUSA Platform, including without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the appearance, features, or functionality of the MBUSA Platform; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with or interrupt in any way service to any user, host, network, or system including, without limitation, infecting, overloading, “flooding,” “spamming,” “mailbombing,” “crashing” or otherwise attacking the MBUSA Platform  or (vi) sending communications on behalf of the MBUSA Platform (i.e., impersonating MBUSA). If you do not agree to these Terms, then do not use the MBUSA Platform.

Use of the MBUSA Platform

Use of the MBUSA Platform requires a computer, mobile phone, tablet, or other smart device with a compatible browser and internet access. Some Applications require internet, vehicle, or other smart device connectivity in order to function properly. The information and materials on the MBUSA Platform are intended for use in the United States and Puerto Rico. MBUSA makes no representations with respect to the usability of the MBUSA Platform anywhere else. The MBUSA Platform may contain references to products and services that are not available or are prohibited in your country. If you access the MBUSA Platform from outside the United States and Puerto Rico, you are responsible for complying with applicable laws. Further, the privacy protections afforded by the MBUSA Platform and our Connected Vehicle Services may differ from those of your resident country. Please visit our Privacy Statement, Mobile Applications section, and Connected Vehicle Services section for more information.

Account Registration

Certain features of the MBUSA Platform may require you to register an account. You are responsible for maintaining the confidentiality of your account and password. You may not share your account information with others or allow others to login to your account using your credentials. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify MBUSA of any unauthorized use of your account. MBUSA reserves the right to terminate your account with or without cause.

Your Content

Any material, information, or idea you develop or transmit through the MBUSA Platform by any means, including the “Build Your Own” tool, will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products.

Our Content

The MBUSA Platform is operated by MBUSA, and all material on the MBUSA Platform is protected intellectual property owned or controlled by MBUSA, Daimler AG, or a third-party licensor. All content included in or made available through the MBUSA Platform, including, but not limited to, text, graphics, logos, icons, and images, is the property of MBUSA or its content suppliers and is protected by United States and international copyright, patents, and trademark laws.

No license to or right in any such copyrighted materials, patents, trademarks, trade secrets, technologies, products, processes and other proprietary rights of MBUSA, Daimler AG, or any other third party is granted to or conferred upon you. Downloading, copying, transmitting, using framing or mirroring techniques, reproducing, duplicating, storing, linking to, or otherwise exploiting any content from the MBUSA Platform is expressly prohibited.

Our Products

All illustrations and specifications presented through the MBUSA Platform are for informational purposes only.  Some vehicles may be shown with equipment that is unavailable in the United States and other vehicles may be shown with optional equipment. We reserve the right without prior notice to discontinue or change specifications on products and services offered through the MBUSA Platform.

All prices shown are based upon U.S. Manufacturer´s Suggested Retail Price (“MSRP”) in U.S. dollars and do not include extra costs, including, but not limited to, taxes, title fees, dealer charges, options, and destination. Dealers are independent and are free to set their own prices. For specific pricing, product availability, and program information, please contact your local dealer.

Third-Party Links

The MBUSA Platform contains links to other websites, including other Mercedes-Benz websites, partner websites, social media websites, event websites, and other third parties and companies whose trademarks may appear on the MBUSA Platform. We are not responsible for the information collection practices or the content of the websites to which we link. You should be aware that, unless otherwise indicated, these Terms do not govern third-party websites you visit, including those that may be hyperlinked for convenience. We encourage you to review the applicable terms and policies of any third-party website.

Disclaimer of Warranties

MBUSA MAKES NO WARRANTY CONCERNING THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION YOU MAY EXPERIENCE VIEWING OR USING ANY CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, OR INFORMATION (“CONTENT”) TRANSMITTED IN CONNECTION WITH THE USE OF THE MBUSA PLATFORM. MBUSA FURTHER MAKES NO WARRANTY WITH RESPECT TO SUPPORT FOR THE MBUSA PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MBUSA PLATFORM IS AT YOUR SOLE RISK AND RESPONSIBILITY. IT IS THE SOLE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION OR OTHER CONTENT AVAILABLE THROUGH THE MBUSA PLATFORM. THE MBUSA PLATFORM, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE MBUSA PLATFORM, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MBUSA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FOR THE CONTENT AVAILABLE ON THE MBUSA PLATFORM, THE OPERATION OF THE MBUSA PLATFORM, OR THE TRANSMISSION OF ANY INFORMATION THROUGH THE MBUSA PLATFORM OR ANY LINKED WEBSITE. FURTHER, MBUSA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. MBUSA DOES NOT REPRESENT OR WARRANT THAT THE MBUSA PLATFORM OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MBUSA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS, EVEN IF MBUSA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OF OR INABILITY TO USE THE MBUSA PLATFORM, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MBUSA PLATFORM.  

Indemnification

You agree to defend (with counsel subject to MBUSA’s approval), indemnify, and hold harmless: MBUSA, its officers, directors, employees, agents, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your improper use of the MBUSA Platform, or your breach of any laws or regulations.

Disputes

These Terms shall be governed by and construed in accordance with the laws of State of Georgia. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the State of Georgia, without regard to any conflict of law provisions. You hereby agree that any and all legal claims concerning your use of the MBUSA Platform must be commenced within one (1) year after the claim or cause of action arises or they will be time-barred. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

Modifications

We may modify these Terms at any time. All updates and amendments are effective immediately upon notice, which we may provide by any legal means, including, but not limited to, by posting a revised version of these Terms or other notice on the MBUSA Platform. Continued use of the MBUSA Platform post-modification constitutes your agreement to be bound by the modified Terms.

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