Last Updated and Effective Date: July 1, 2024

This agreement of terms of use (this “Agreement”) by and between World Omni Financial Corp. d/b/a Southeast Toyota Finance and its parent company JM Family Enterprises, Inc. (collectively, “World Omni”) and you, whether personally or on behalf of an entity, (collectively, “you” or “your”). This Agreement sets forth the terms and conditions that apply to your access and use of the Internet website located at the URL www.DrivingInvestments.com, including any mobile site, blog, email, social media, feature, software, product, service, information, or content made available, displayed, or offered by or through such website (collectively, the “Site”), along with your use of the services provided by World Omni through the Site (the “Services”).

This Agreement is an electronic contract that sets out the legally binding terms of the relationship between World Omni and you. By creating an account, accessing or using the Site or Services, or otherwise agreeing to this Agreement, you accept and agree to be bound by the terms, conditions, and notices contained and/or referenced herein, including World Omni’s Privacy Policy (which is incorporated herein by this reference).

IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SITE OR SERVICES.

Your Right to Access and Use the Site and the Services.
Subject to your compliance with this Agreement, World Omni grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Site and the Services for your use as expressly permitted by this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below). Any other use of the Site or the Services is strictly prohibited, and you may not copy, republish, upload, post, transmit, distribute or modify the Site or the Services without World Omni’s express written permission. The right to access and use the Site and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site and the Services for lawful purposes and pursuant to the terms and conditions of this Agreement.

By accessing and using the Site (other than to read this Agreement), you agree to comply with all of the terms and conditions of this Agreement, including any changes or revisions to this Agreement, which World Omni, in its sole discretion, may make in the future.

Any action by you that, as determined by World Omni in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying the Site or the Services, such as impairing the operation of the Site or distorting the material displayed, shall not be permitted, and may result in your loss of the right to access and use the Site and the Services.

You may be required to register for and maintain an active personal user account (your “Account”) to use certain aspects of the Site and the Services. Account registration may require you to submit certain personal information, such as your name, email addresses, banking information, and mobile number. In return for using the Site and the Services, you agree to (i) provide true, accurate, current and complete account information, and (ii) maintain and promptly update the information in your Account to keep it true, accurate, current and complete. World Omni has the right to block your current or future use of the Site or the Services if you provide any information that is untrue, inaccurate, not current or incomplete, or World Omni has reasonable grounds to suspect that the information is false, inaccurate, not current or incomplete. You may only have one account unless otherwise permitted by World Omni in writing.

You are responsible for maintaining the confidentiality and security of your Account and for all activities or any other actions that occur under, or someone takes in connection with your Account or password. You agree to (i) immediately notify World Omni of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password; and (ii) ensure that you exit from your Account at the end of each session. World Omni will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (i) and (ii) or for any acts or omissions by you or someone else using your Account.

Prohibited Uses of the Site and the Services
You may not do any of the following, or allow any third party to do any of the following:

(a) copy, distribute, rent, lease, lend, sublicense or transfer the Site or the Services, or make the Site or the Services available to any third party, including your affiliates, parents or subsidiaries, without World Omni’s express prior written consent;

(b) modify, decompile, reverse engineer, or disassemble the Site or the Services or otherwise attempt to discover any underlying source code, ideas, algorithms, file formats or programming interfaces, or create derivative works based on the Site or the Services;

(c) modify, remove, or obscure any copyright, trademark, patent or other notices or legends that appear on the Site or the Services;

(d) use the Site or the Services to develop a competitive product offering;

(e) use, or attempt to use, the Site or the Services for improper, illegal, or unauthorized purposes;

(f) use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute content or to manipulate the Site or the Services;

(g) access, tamper with, or use non-public areas of the Site or the Services, World Omni’s computer systems, or the technical delivery systems of World Omni’s affiliates;

(h) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

(i) forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Site or the Services to send altered, deceptive, or false source-identifying information; or

(j) interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending virus, overloading, flooding, spamming, mail-bombing Site or the Services, or using the Site or the Services in such a manner as to interfere with or create an undue burden on the Site or the Services.

Intellectual Property Rights
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on www.DrivingInvestments.com and their respective logos are registered and unregistered Trademarks of World Omni or its affiliates or third parties it has contracted with. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of World Omni or such third party owners of the Trademarks. Any use of third party Trademarks on the Site is done by permission of the Trademarks’ owners. No special association or relationship is intended by such use, and its use should not be construed as granting World Omni any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited. You are also advised World Omni will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Without the prior written consent of World Omni, you may only print, download or otherwise use the data, information, or other content contained on the Site or as part of the Services (collectively, the “Content”) in the form of: (i) one machine-readable copy and (ii) one print copy, for your personal, non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of Content.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use other than personal, non-commercial use of the Content is permitted without the express prior written permission of World Omni or its licensors.

You agree that printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights in the Content.

You shall be solely responsible for any damage resulting from your infringement of World Omni intellectual property, or any other harm incurred by World Omni as a direct or indirect result of your copying, distributing, redistributing, transmitting, publication or use for purposes other than personal, non-commercial use of the Trademarks or the Content that is contrary to the terms and conditions of this Agreement. You should not interpret any language on the Site as World Omni granting you a license or right to use the Content or third-party proprietary content without World Omni’s express written permission or that of the relevant third-party owner, and World Omni, its affiliates, and any applicable licensors retain all intellectual property and other proprietary rights, including all patent, copyright, trade secret, trade name, trademark, and other proprietary rights, related to the Site, the Services, and the Content.

Your Information
World Omni may use information that you provide (your “Information”) to provide the Site and perform the Services. Your Information also includes information you publish or post to or through the Site (including any Account information) and the Services or send to other users (including by in-application feedback, any email feature, or through any World Omni-related social media posting). You consent to World Omni using your Information to create an account that will allow you to access and use the Site and the Services. World Omni’s collection and use of your Information is as provided in the Privacy Policy.

IN CONSIDERATION OF YOUR USE OF THE SITE AND THE SERVICES YOU GRANT WORLD OMNI A NON-EXCLUSIVE, WORLDWIDE, PERPETUAL, IRREVOCABLE, ROYALTY-FREE, TRANSFERABLE, SUB-LICENSABLE (THROUGH MULTIPLE TIERS) RIGHT AND LICENSE TO EXERCISE THE COPYRIGHT, PUBLICITY, AND DATABASE RIGHTS YOU HAVE IN YOUR INFORMATION, AND TO USE, COPY, PERFORM, DISPLAY AND DISTRIBUTE SUCH INFORMATION TO PREPARE DERIVATIVE WORKS, OR INCORPORATE INTO OTHER WORKS, OR INTO ANY MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN.

World Omni does not assert any ownership rights over your Information; rather, as between you and World Omni, you retain full ownership of all of your Information and any intellectual property rights or other rights associated with your Information.

No Representations or Warranties
THE SITE, CONTENT, AND SERVICES ARE BEING PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WORLD OMNI EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS, SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE, THE SERVICES OR THE CONTENT.

WORLD OMNI MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM THE SITE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON THE SITE OR PROVIDED THROUGH THE SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE, THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

UNLESS OTHERWISE PROVIDED IN WRITING, THE CONTENT IS STRICTLY FOR INFORMATIONAL PURPOSES. NO INDEPENDENT CONTRACTOR, EMPLOYER-EMPLOYEE, JOINT VENTURE, PARTNERSHIP, OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND WORLD OMNI AS A RESULT OF THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SERVICES.

Links to Third Party Sites
The Site may contain links to third party Internet websites (“Linked Sites”). The Linked Sites are not under the control of World Omni and World Omni is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site, and makes no guarantees, representations or warranties as to, and shall have no liability for, the content available on or through or the functioning of the Linked Sites. World Omni is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is World Omni responsible if the Linked Site is not working appropriately. World Omni is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by World Omni of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Authorization to Transfer Funds
Certain Services may require your authorization to initiate the transfer of funds. These fund transfers may be ACH credit or debit. You agree to authorize World Omni to initiate the transfer of funds. It is your responsibility to ensure that there are sufficient funds in your bank account for the fund transfer activity initiated by World Omni. If there are not sufficient funds, World Omni may choose to decline or cancel the request to transfer funds. World Omni is not responsible for any associated fees assessed by your bank, including, but not limited to, overdraft fees.

Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site and the Services, and all costs and fees associated with Internet access or long-distance charges incurred with regard to your access and use of the Site and the Services.

Termination of this Agreement
You may terminate or opt out of this Agreement at any time by contacting World Omni at 866-284-1045 or emailing drivinginvestments@worldomni.com. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use the Site and the Services.

World Omni may terminate this Agreement at any time, or suspend or terminate your access to the Site or the Services, without prior notice, for any reason, or for no reason, which World Omni shall have no obligation to disclose to you.

Limitations on World Omni’s Liability
WORLD OMNI SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (EVEN IF YOU PREVIOUSLY ADVISED WORLD OMNI OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A RESULT OF:
(i) YOUR ACCESS AND USE OF THE SITE OR SERVICES;
(ii) YOUR DOWNLOADING OF ANY CONTENT; OR
(iii) YOUR RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED OR ADVERTISED ON THE SITE.

WORLD OMNI ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOAD OF ANY MATERIALS FROM THE SITE.
WORLD OMNI ALSO ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR RELATING TO ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITE, AS WELL AS ANY LINKED SITES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED ON THE SITES OR HARM TO ANY PERSON OR PROPERTY CAUSED BY YOUR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU AND WORLD OMNI AGREE THAT THE WARRANTY DISCLAIMERS, AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES FOR THIS AGREEMENT, AND THAT YOU AND WORLD OMNI TOOK THEM INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN UNDER THIS AGREEMENT AND IN THE DECISION BY YOU AND WORLD OMNI TO ENTER INTO THIS AGREEMENT. YOU AND WORLD OMNI AGREE THAT THE WARRANTY DISCLAIMERS, AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE.

To the extent that a state does not permit the exclusion or limitation of liability set forth herein, World Omni’s liability is limited to the maximum extent permitted by law in such state.

Indemnification
You shall defend, indemnify and hold harmless World Omni and each of its respective officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) any access or use of the Site or the Services by you; (iii) World Omni’s use of your Information, or (iv) your violation of the rights of any third party.

Third Party Rights
This Agreement is for the benefit of World Omni, its subsidiaries, affiliates, and third-party licensors, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on its behalf.

Amendments
World Omni reserves the right to amend this Agreement at any time. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon their inclusion in, or deletion from, this Agreement and the posting of the same in this Agreement on the Site.

To the fullest extent permitted under applicable law, your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of the same. Therefore, you are encouraged to revisit this Agreement from time to time in order to review any changes that have been made.

World Omni may also post or link additional terms, policies, rules or guidelines applicable to the Site, the Services, or certain features, such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Site or Services (collectively, the “Additional Terms”). Your use of the Site and the Services is subject to any Additional Terms, and those terms are incorporated into this Agreement by this reference.

Remedies
You acknowledge that World Omni may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, World Omni shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.

You agree that any action or proceeding with regard to this Agreement, including an injunction restraining your breach or threatened breach as described in this Section, shall be brought in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the setting of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Miscellaneous
This Agreement is to be governed and construed in accordance with the internal laws of the State of Florida, without regard to principles of conflicts of laws.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

You will not assign, delegate, or otherwise transfer this Agreement. Any attempt by you to assign, delegate, or transfer this Agreement will be null and void. World Omni may assign, delegate, or otherwise transfer this Agreement, in whole or in part, without your consent. Subject to this Section, this Agreement will be binding on each party and each party’s successors and assigns.

World Omni’s failure to exercise or enforce any right or provision of these terms in this Agreement shall not be construed as a waiver or relinquishment, to any extent, of the right to assert or rely upon any such terms, provisions or options on any future occasion.

All remedies provided for in this Agreement are cumulative and in addition to any other rights and remedies available to either party at law, in equity or otherwise.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by World Omni from time to time, shall survive your acceptance of this Agreement.

These terms constitute the entire, complete and exclusive Agreement between World Omni and you regarding the Site and supersedes all prior agreements and understandings with respect to the subject matter of these terms.