MCGEE AUTOMOTIVE FAMILY

TERMS OF USE

 

Effective Date: January 1, 2025

Updated Date: May 1, 2026

1.           ACCEPTANCE OF TERMS

The McGee Automotive Family ("we," "us," or "our") is committed to safeguarding the privacy of our customers. Your use of our websites, mobile applications, and digital services (collectively, "Content") is subject to both these Terms of Use and our Master Privacy Policy. By accessing and using our Content, you signify that you have read, understand, and agree to be bound by these Terms of Use. You should check these Terms and our Master Privacy Policy periodically for modifications. Your continued use of our Content or communication with us following the posting of such modifications will mean that you accept these Terms of Use and our Master Privacy Policy, as modified.

2.           USE OF INFORMATION

We use the information we collect from you to respond to requests, to provide services, and to improve website navigation. This data is also used for marketing communications and other legitimate business purposes in accordance with our Master Privacy Policy.

3.           FINANCIAL TOOLS AND PRICING/WARRANTY DISCLAIMERS

●     Incentive Qualification: New vehicle pricing may include manufacturer incentives subject to qualification criteria, expiration dates, and manufacturer finance company approval. All rebates are subject to terms provided by the vehicle manufacturer or captive finance company.

●     Payment Calculators: Any payment calculator available through our Content is provided for estimation purposes only and should not be used to determine exact finance amounts or contractual obligations.

●     Price Accuracy: We reserve the right to make changes to our Content at any time without notice to pricing, specifications, and availability. Quoted prices are subject to change to correct errors or omissions. Daily changes in inventory may result in the unavailability of certain vehicles listed online.

●     Connecticut Pricing Disclosure:  For Connecticut residents: All advertised prices for vehicles at any McGee Automotive Family dealership include the Dealer Conveyance Fee (also known as a documentation fee). This fee and any other mandatory state-specific disclosures will be provided in no less than 8-point bold type as required by Conn. Gen. Stat. § 14-62a to ensure conspicuous notice. 

●     "As-Is" Status: All vehicles are sold on an "as-is" basis unless stated otherwise. We disclaim all warranties, express and implied, including those of merchantability, fitness for a particular purpose, and non-infringement. Vehicle pictures may not represent actual vehicles, and mileage listings are estimates and not necessarily accurate odometer readings.

 

In any event, McGee Automotive Family makes no representations about the suitability of its Content for any purpose whatsoever. All Content is provided "as is," with all faults and without warranties of any kind either express or implied. We do not warrant error-free or uninterrupted service of this site. Please note all disclaimers are based on applicable state laws or the U.S. laws and standards in the city and state in which our dealerships operate. Visitors from outside of this city, state or outside of the U.S. should be aware that we make no representation that this site and the information contained herein is appropriate or available for use in other areas, do so at their own initiative and are directly responsible for the compliance with their local laws to the extent those laws apply.

All McGee Automotive Family vehicles are sold on an "as-is" basis unless stated otherwise. Vehicle pictures including in our Content may not represent actual vehicles. Prices and special offers are subject to change. Mileage listings are estimates and are not necessarily accurate odometer readings. Some vehicle information and vehicle pricing may be unintentionally missing or inaccurate, and we will endeavor to correct such discrepancies in a commercially reasonable manner once we learn of such errors or omissions, but pricing errors and listing errors are considered invalid and may or may not be honored at the sole discretion of our dealership. If a payment calculator is available within the site, it should not be used for exact finance amounts. Daily changes in inventory may result in the unavailability of certain vehicles listed on-line.

McGee automotive family disclaims all warranties, express and implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising from course of performance, course of dealing, or usage in trade. McGee automotive family will not be liable for any indirect, special, consequential, incidental, or punitive damages, including, without limitation, lost profits or revenues, costs of replacement of goods, loss or damage to data arising out of the use or inability to use content, or for damage resulting from the use of or reliance on the information contained therein. Some states do not allow limitations on how long an implied warranty lasts or exclusion or limitations on relief such as incidental or consequential damages, so the above limitation may not apply to you.

The Content may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Content, or the information provided on our websites, or the reliability of any advice, opinion, statement or other information displayed or distributed through the Content or this website. McGee Automotive Family also does not warrant that the functions contained in our websites will be uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that makes them available are free of viruses or other harmful components.

4.           OPT-IN TELEPHONE AND SMS/MMS (TEXTING) CONTACT TERMS

McGee Automotive Family responds to inquiries and requests for information through various telephonic means (e.g., phone calls, SMS/MMS texts).  There is no cost or obligation associated with these arrangements and you may opt out at any time by means specified below. Our responses to inquiries and requests are subject to the following terms (the "Opt-In Terms").

 

●     Program Description: McGee may respond to inquiries from users via SMS/MMS and telephone calls, including alerts and service reminders. Users affirmatively opt-in to these arrangements by providing contact info, by replying to confirmation messages, by submitting an inquiry, and/or by confirming their opt-in by replying to an opt-in confirmation message.

●     Autodialer Disclaimer: You agree to receive autodialed messages and/or prerecorded calls at the number provided. Consent is not a condition of purchase.

●     Revocation: You may opt out at any time by replying "STOP" to any text message (we will cease processing your data within 15 days following receipt of your revocation.

5.           WEBSITE FEATURES AND THIRD-PARTY LOGINS

●     EPA Mileage Disclaimer: Fuel efficiency data is based on EPA mileage ratings for comparison only; actual mileage will vary due to environmental conditions, driving habits, vehicle maintenance, and battery condition for hybrid models.

●     Social Media Logins: We may provide the option to create or access your account using third-party services (e.g., Google or Facebook). If you utilize this functionality, the data and privacy matters associated with that account are governed by the respective third-party policies.

6.           DISPUTE RESOLUTION: MANDATORY PRE-SUIT REDRESS

Except where prohibited by law, if any controversy, claim, or dispute arises out of or relates to your use of our Content, these Terms of Use or our Master Privacy Policy ("Dispute"), the parties shall follow this mandatory procedure as a condition precedent to initiating any formal claim:

●     30-Day Notice Period: You must provide written notice to us describing the facts of the Dispute.

●     Good Faith Response: We will have thirty (30) days from receipt of the notice to respond to or settle the Dispute.

7.           MANDATORY BINDING ARBITRATION AND CLASS WAIVER

If a Dispute is not resolved within the 30-day period described above, then either party may elect to have the Dispute decided by mandatory, binding arbitration instead of litigation. Arbitration means that a neutral third party will hear both sides and make a decision. This is different from a court trial, where a judge or jury hears the case in a formal court setting and makes a decision. We both agree not to sue each other in court.  Arbitration will be subject to the following:

 

●     Arbitration Process: This arbitration clause is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitrator's decision will be final and binding on both parties.

●     Rules of Arbitration: The arbitration will be held pursuant to the rules of the American Arbitration Association - Consumer Arbitration Rules (if you are a business, the American Arbitration Association - Commercial Arbitration Rules will apply instead) (as applicable, the "Rules"). You can access a copy of the rules at: www.adr.org/rules. The Rules provide the steps required to start an arbitration case. 

●     Individual Basis: If either you or McGee Automotive Family elect to pursue arbitration of a Dispute, the sole and exclusive jurisdiction for the Dispute will be decided on an individual basis only. You waive the right to participate as a class representative or class member on any class claim, including any right to class arbitration or consolidation of individual arbitrations.

●     Arbitrator Qualifications: The arbitration shall be conducted before a single arbitrator who must be an attorney or retired judge.

●     Small Claims: This arbitration requirement does not apply to Disputes that you or we bring against the other party that are within the jurisdiction of small claims court. If the amount in controversy of a Dispute in small claims court exceeds the jurisdiction of the small claims court, that Dispute will be subject to this arbitration agreement. 

●     Prevailing Agreement: In the event of a conflict between this provision and any other arbitration agreement (such as in a retail installment sale contract), the terms of the other agreement shall prevail.

●     Venue and Choice of Law: These Terms of Use have been made in, and shall be construed in accordance with the laws of Massachusetts without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provisions discussed above shall be resolved by a court located in that state and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

8.           INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the McGee Automotive Family and its officers, directors, employees, agents, and affiliates from and against any claims, damages, or expenses (including reasonable attorneys' fees of our legal counsel) arising from or related to your use of the Content or to your use of any of its websites or Content in violation of these Terms.

9.           CONTENT OWNERSHIP

The Content is protected by copyright and trademark laws under U.S. and International law. We and/or our third-party providers own all information on this site, and we do not grant you any ownership rights by your accessing, downloading, or printing the information. Vehicle information and the online credit application may be printed for your non-commercial, personal use only; however, you may not otherwise copy, distribute, or create derivative works from any Content. Deep linking, framing, and the use of automated devices (such as robots or spiders) to monitor or copy Content are strictly prohibited.

 

10.       Termination of Use

 

If you violate or attempt to violate any part of these Terms of Use, we reserve the right to terminate your access to our Content immediately, at our sole discretion, and with or without notice. We also reserve the right to involve and cooperate with law enforcement agencies and to pursue civil or criminal actions for any alleged or actual illegal activities involving our Content.