By using DiFORZA's web site, DiFORZA.COM, you agree to be bound by the following terms of use ("Terms of Use").
- Personal Use. You agree to use the DiFORZA web site for your personal use.
- If you choose to request an offer to buy your car (and if necessary to pay off your loan or lease) you acknowledge that DiFORZA has no obligation to buy your car, and in fact has the right to refuse to make an offer.
- If DiFORZA makes an offer to buy your car (and if necessary to pay off your loan or lease in conjunction with the purchase of your vehicle), you have no obligation to accept our offer.
- Standard Offer Terms: If DiFORZA offers to buy your car, you will be presented with a formal offer to purchase your car, which will contain the terms of the purchase agreement, potentially including additional terms that may be required to pay off your loan or end your lease. The purchase cannot be completed without your compliance with and execution of the formal purchase offer. That offer will contain some standard terms (described below), although DiFORZA may, at its sole discretion, choose to alter the offer terms for a particular offer. The typical terms which may be in an offer are as follows:
- The car must remain insured until it is picked up by our transportation contractor.
- You must agree to make the car available for inspection at a time arranged between yourself and our inspection contractor.
- You understand that we will request a report from ISO, our insurance claim reporting information supplier, to determine if any insurance claim has ever been made on this vehicle. You may learn more about ISO by clicking on the following link: www.iso.com.
- We rely on the information that you supply to us, plus information from our insurance claim service to determine the value of the vehicle. We rely on information supplied by you and your financial institution to determine the payoff amount for any loan or lease you may have on the vehicle. If any of this information is found to be untrue or inaccurate in any way, we may choose to not complete the transaction, and if so you agree that no claim of any damages can be made upon DiFORZA for deciding to not proceed with the purchase.
- The completion of the transaction will be expressly conditioned upon: 1) DiFORZA’s satisfaction with the inspection results; 2) DiFORZA’s satisfaction with the insurance claim report; 3) the car meeting the specifications you communicated to DiFORZA; and/or 4) DiFORZA’s unilateral decision to conclude the transaction, up to the delivery of the car which will complete the transaction.
- Once the necessary documents are completed by and delivered to both parties, and after funds have been transferred by check or wire, DiFORZA will arrange to have the vehicle picked up. THE TRANSACTION IS COMPLETE WHEN THE TRUCK BEGINS LOADING THE VEHICLE.
- AS THE SELLER, YOU MAY HAVE THE RIGHT TO CANCEL ANY TRANSACTION UNTIL THE TRANSACTION HAS BEEN FUNDED IN ANY WAY BY DIFORZA (EITHER BY CHECK OR BY BANK WIRE), INCLUDING ANY PAYMENTS TO YOU, LIENHOLDERS AND/OR LESSORS. AS THE BUYER, DIFORZA HAS THE RIGHT TO CANCEL ANY TRANSACTION UNTIL YOU HAVE DELIVERED THE LAWFUL POSESSION OF THE CAR TO DiFORZA AND/OR THE TRANSPORT COMPANY AUTHORIZED BY DIFORZA TO PICK UP THE VEHICLE. ONCE THE PICK UP DRIVER HAS POSSESSION OF THE VEHICLE AND THE KEYS, THE SELLER IS RELIEVED OF RESPONSIBILITY FOR THE VEHICLE AND THE TRANSACTION IS COMPLETED.
- IF A TRANSACTION IS IN PROGRESS AND EITHER PARTY DECIDES TO CANCEL, UP TO THE POINT WHEN THEY ARE STILL ALLOWED TO CANCEL, BOTH PARTIES AGREE TO FULLY COOPERATE WITH THE OTHER TO CANCEL ANY PURCHASE AGREEMENTS AND RETURN ANY FUNDS IF NECESSARY TO “UN-WIND” THE TRANSACTION.
- You understand and agree that the purchase agreement will be governed by the laws of the state of California, and the venue for any dispute about the purchase will be in Orange County, California.
- YOUR EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THE PURCHASE AGREEMENT BY DiFORZA SHALL BE EITHER: 1) THE RETURN OF THE VEHICLE, IN EXCHANGE FOR THE RETURN TO DiFORZA OF ANY AND ALL FUNDS PAID BY DiFORZA FOR THE VEHICLE, INCLUDING ANY FUNDS PAID TO LESSORS, LIEN HOLDERS AND/OR ANY OTHER PERSONS WITH AN INTEREST IN THE VEHICLE; OR 2) ONLY IN THE EVENT THAT DiFORZA IS UNABLE TO RETURN THE CAR TO YOU, THE PURCHASE PRICE OF THE VEHICLE, LESS ANY OFFSETS FOR FUNDS YOU RECEIVED, WHICH WERE PAID ON YOUR BEHALF BY DiFORZA OR WHICH DiFORZA OTHERWISE PAID TO ANYONE FOR THE VEHICLE AS PART OF THE PURCHASE.
- Linked Materials. The DiFORZA web site may contain links to other websites and other service providers. DiFORZA may provide these links for informational purposes, and DiFORZA is not responsible for the content or any services provided on or through any third party web site or service.
- Trademarks and Copyrights. DiFORZA, DiFORZA Luxury Auto Buyers, and DiFORZA.COM are trademarks of Ferrari and Maserati of Orange County. DiFORZA also has copyrights associated with this website and its forms, programming and content, and you agree to not violate those copyrights through the unauthorized use, copying, reproduction and/or public display of that material. The services of DiFORZA and the information systems used to request an offer, value a vehicle, make offers and trade vehicles are the property of Ferrari and Maserati of Orange County.
- Privacy of the Information You Provide. DiFORZA will keep the information you provide reasonably confidential. DiFORZA will use your information for the limited purpose of considering, negotiating, processing and/or concluding your requested transaction with DiFORZA. DiFORZA will not disclose your information to third parties except as necessary to process your requested transaction, which may include (normally on completion of a purchase agreement) the disclosure of necessary information to: the vehicle inspection company; the insurance claim information service; the Department of Motor Vehicles; any financial institution with an interest in the subject vehicle; and/or other outside persons or companies as necessary to complete your transaction. For more information and a complete description of our privacy practices, please see our Privacy Policy on this website.
- NO WARRANTY. DiFORZA PROVIDES THE SERVICES ON THIS WEBSITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DiFORZA AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. DiFORZA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
- LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL DiFORZA OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST DiFORZA OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
- Any dispute between the parties regarding DiFORZA’s services will be governed by the laws of the state of California, and the venue for any dispute about the services will be in Orange County, California.
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