TERMS OF USE
Before using this Website, please review and understand these Terms of Use. If you do not understand and agree with these Terms of Use, DO NOT access this Website. By accessing this Website, you agree to be bound by these Terms of Use.
The Key reserves the right, in its sole discretion, to change, modify, add, or delete these Terms of Use, in any manner and at any time. It is your responsibility to review these Terms of Use before each use of this Website to ensure these Terms of Use have not changed. By using this Website after changes have been posted, you have accepted and agree to the changes.
Use of Website
This website is not intended for use by children, particularly children under age 13. We do not knowingly collect personally identifiable information from users under the age of 13. No one under age 13 is allowed to register for any services offered on the website or to submit personally identifiable information to us. Minors may not make any purchase on this website.
You represent and warrant that you are not listed on any U.S government list of prohibited or restricted persons, and are not located in a country subject to a U.S. embargo or designated as a “terrorist supporting” country.
Automobile information, including but not limited to listing, financing and pricing, on the website is for informational purposes only and the Key does not guarantee the accuracy of such information. All automobiles are subject to prior sale. Listed automobiles may not be available in all geographic areas. The Key does not assume any obligation to finance or sell an automobile to you.
Copyright
All Text, graphics, user interfaces, visual interfaces, photos, images, music, sounds, logos, audio, videos, podcasts, artwork, computer code, trademarks, trade names, service marks, and/or other brand identifiers (“Content”), including, but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the site is owned, controlled or licensed by or to the Key. The Content is protected by trademark, patent, trade dress and copyright laws, as well as other intellectual property rights and unfair competition laws. No part of the website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way without the Key’s prior written consent.
Disclaimers
The Key provides this Website “AS IS,” “with all faults” and on an “as available” basis. You understand and acknowledge that you are using this website at your own risk. We do not promise that the site or any content, service or feature of this website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. All information provided on this website is subject to change without notice. The Key expressly disclaims any and all representations, warranties and guarantees, expressed and/or implied, including but not limited to any warranties of accuracy, non-infringement, reliability, title, merchantability, and fitness for a particular purpose. The Key expressly disclaims any and all liability for the acts of third parties in connection with or related to your use of this website. Further, the Key Expressly disclaims any liability for any damages you incur due to viruses or other destructive materials that are transmitted through your use of the website. If you are dissatisfied with the website in any manner, your sole remedy against The Key is to stop using the website and/or its content. This limitation on your remedy is a substantive term.
These disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation on Liability
Except where prohibited by law, The Key shall not be liable for any direct, indirect, special, exemplary, consequential, incidental or punitive damages, including lost profits, regardless of the type of claim or the nature of the cause of action, even if advised in advance of the possibility of such damages.
Indemnity
You agree to indemnify and hold The Key harmless from any demand, loss, liability, claim, or expense, including but not limited to, attorney fees and litigation costs, made against the Key by any third party relating to, arising from, or in connection with your use of this website.
Disclosure of Information
The Key may disclose any and all information we have about you if we determine that the disclosure is relevant to any investigation or complaint regarding your use of the website, to identify, contact or bring legal action against any person or entity injuring or interfering with the Key’s, its customers’ or visitors’ rights and/or property. The Key specifically reserves the right to disclose any and all information The Key, in its sole discretion, deems required to comply with any applicable law, regulation, legal process or governmental request.
You authorize the Key to preserve any transmittal or communication by you with The Key through this website or any service offered through the website. You further Authorize the Key to disclose such data if legally required to do so, or if such disclosure is reasonably necessary to (1) comply with legal process, or (2) enforce these Terms of Use, or (3) defend itself against claims that such data violates the rights of others, or (4) protect the rights, property or safety of the Key, its employees, its customers and the public.
Remedies
If the Key determines, in its sole discretion, that you have violated these Terms of Use or any other agreement associated with your use of this website, then the Key may terminate your access and/or block your access to the website without prior notice. You acknowledge that any violation of the Terms of Use would cause irreparable damage to the Key, for which monetary damages would be inadequate to make the Key whole. You authorize the Key to obtain an injunction or other equitable relief without need for the Key to post any bond. These remedies are in addition to, and not in lieu of, any other remedies the Key may have at law or equity.
The key may terminate your access to the website with or without cause in its sole and absolute discretion.
If the Key prevails in any legal action against you due to your breach of the Terms of Use, the Key shall be entitled to recover its attorneys’ fees and litigation costs.
Dispute Resolution
You agree that in the event of any dispute between us, you and the Key agree to submit the matter to binding arbitration using the American Arbitration Association. You acknowledge and agree that you are waiving your right to a trial by jury and/or class action. The arbitration shall take place in Oklahoma City, Oklahoma.
Governing Law
You agree that regardless of where you access, visit, and/or use the website, all matters relating to your access to or use of the website, the construction, validity, interpretation and enforceability of the Terms of Use, and any and all disputes related thereto, shall be governed by the laws of the United States of America, and by the laws of the state of Oklahoma without regard to its conflict of laws provisions. You agree to the personal jurisdiction and venue in the state and federal courts of Oklahoma County, Oklahoma, and waive any objections to said jurisdiction and venue to the fullest extent allowed by law.
Time Limit
Any claim under these Terms of Use must be brought within one year after the cause of action arises, or such claim or cause of action shall be forever barred.
Void Where Prohibited
The Key’s website is accessible worldwide. However, not all products or services referenced on the website are available to all persons or in all geographic locations. The Key reserves the right, in its sole and absolute discretion, to limit the products or services to any person or geographic area. Any offer made on this website is void where prohibited.
Severability
If any provision of the Terms of se is held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision shall be modified to the minimum extent necessary and replaced with a valid provision most closely emulating the intent of the parties so that the Terms of Use shall remain in full force and effect, as modified.
Entire Agreement
The Terms of Use constitutes the entire agreement between you and The Key with regard to your use of the website. Any and all other previous written or oral agreements are superseded by these Terms of Use. Any amendment or modification to the Terms of Use must be in writing and signed by you and The Key.
Waiver
The Key’s failure to enforce any of its rights under these Terms of Use shall not be construed as a waiver of said rights. Any waiver by The Key of any of its rights under these Terms of Use must be in writing, signed by the Key. The Terms of Use shall not be modified based on any course of conduct between you and the Key.
Third Party Rights
These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Electronic Communications
To the maximum extent allowed by law, you consent to receive communications from us in electronic form. You further agree that all notices, documents, disclosures, and any other communications that we provide to you electronically satisfy any and all legal requirements that the communications would satisfy if the communications were in writing. This consent applies to all of your communications and transactions with us.
You understand that as a customer, you may receive certain communications from us, such as transactional or relationship messages, and/or messages about your account.
If you wish to opt out of email communications, you can opt out by calling 405.526.7000 or emailing OOP@thekeyonline.com.
You understand that we operate sms campaigns. One of these sms campaigns sends text messages to our customers reminding them of upcoming payments. Other sms campaigns send payment notifications, service reminders, and general news and information. This sms service is only available to our customers.
We do not charge you anything for these sms campaigns. However, message and data rates charged by your carrier may apply. If you opt in to receive these sms campaigns, you will receive up to ___ messages per week.
If you wish to opt in to our sms campaigns, text “STOP” to 405-237-9539. If you wish to opt out of text messages, you can text STOP at any time to 405-237-9539 or reply to the text message with STOP. If you wish to re-join text messages, you can reply to the text message with “OPT IN”.
For support or information about our sms campaigns, text HELP to 405-237-9539, send us an email at OOP@thekeyonline.com, or call us at 405-526-7005.
