Terms of Use

Effective date: September 23, 2022 Last updated: July 20, 2026

These Terms of Use (“Terms“) govern your access to and use of the websites, online tools, and services (collectively, the “Site“) operated by Fitzpatrick Dealership Group and its affiliated dealerships — Valley Lexus, Valley BMW, Valley Kia of Modesto, and Coliseum Lexus of Oakland (collectively, “FDG,” “we,” “us,” or “our“). Please read them carefully.

By accessing or using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site. These Terms contain an arbitration agreement and class-action waiver (see “Dispute Resolution”) and disclaimers and limitations of liability that affect your legal rights.

1. Eligibility

The Site is intended for users who are at least 18 years old and located in the United States. By using the Site you represent that you meet these requirements and that the information you provide is accurate.

2. Purpose of the Site

The Site is provided for general informational purposes — to help you browse inventory, request information, estimate payments, and contact our dealerships. Nothing on the Site is an offer to sell, a binding quote, a guarantee of financing, or professional advice. A binding agreement to purchase, lease, finance, or service a vehicle is formed only through a separate written contract signed at one of our dealerships.

3. Vehicle Listings, Pricing, and Availability

We work to keep vehicle information accurate, but:

  • Availability is not guaranteed. Vehicles shown may be unavailable or subject to prior sale, and inventory changes constantly.
  • Pricing is subject to change and may not include government fees and taxes, title, registration, license, dealer documentation and other dealer charges, finance charges, emission-testing fees, or optional add-ons. Advertised prices may assume rebates or incentives for which not all customers qualify. Your actual price will be set in your signed contract.
  • Estimated payments and finance figures shown on the Site are estimates only, are not an offer or guarantee of credit or specific terms, and do not include tax, title, license, or fees. Actual terms depend on your credit and are set by the lender and your signed contract.
  • Images may be for illustration. Photographs may be stock or representative images, and the actual vehicle’s color, options, or condition may differ.
  • Fuel-economy figures are EPA estimates for comparison purposes; your actual mileage will vary.

⚑ [Confirm these reflect how your new site prices and displays vehicles — the fees you actually charge, and whether displayed prices include incentives.]

4. Errors, Omissions, and Corrections

Despite our efforts, the Site may contain typographical, photographic, or technical errors or inaccuracies, including in price, availability, specifications, or offers. We are not responsible for such errors, we reserve the right to correct them at any time without notice, and we are not obligated to honor a price or offer resulting from an error. We may cancel or refuse any request arising from inaccurate information.

5. Financing and Credit Applications

Any pre-qualification, financing, or credit application submitted through the Site is a request only and is subject to lender review and approval. Submitting information does not guarantee approval or any particular terms.

6. Saved Vehicles and Site Tools

Features such as saved/favorite vehicles, vehicle comparison, saved searches, and price-drop alerts are provided for your convenience. Some of these store information in your browser or with our service providers and may be lost if you clear your browser or if the feature changes. We may modify or discontinue any Site feature at any time.

7. Your Submissions and Reviews

If you submit content to the Site (for example, a form entry, question, or review), you represent that it is accurate and lawful and that you have the right to submit it. You grant FDG a non-exclusive, royalty-free, worldwide license to use, display, and reproduce that content in connection with our business. We may remove any content at our discretion. Do not submit anything unlawful, defamatory, infringing, or that contains another person’s sensitive information without permission.

8. Acceptable Use

You agree not to: use the Site for any unlawful purpose; scrape, harvest, or copy content or listings by automated means; interfere with or disrupt the Site or its security; attempt to gain unauthorized access to any system; upload malware; impersonate others; or use the Site in any way that could damage or overburden it.

9. Intellectual Property

The Site and its content — text, graphics, logos, images, vehicle descriptions, page layouts, and software — are owned by FDG or its licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-transferable license to access and use the Site for your personal, non-commercial use. All trademarks, including vehicle-manufacturer marks (Lexus, BMW, Kia), are the property of their respective owners and are used for identification only.

10. Third-Party Links and Services

The Site links to third-party websites and services, including our manufacturers, lenders, and dealership-branded sites. We do not control and are not responsible for their content, products, or practices, and links are not endorsements. Your use of third-party sites is governed by their terms and policies.

11. Text Messaging (SMS)

If you opt in to text messages, message and data rates may apply, message frequency varies, and consent is not a condition of purchase. Reply STOP to opt out or HELP for help. See our [Privacy Policy]([PRIVACY POLICY URL]) for details on how we handle text-messaging information.

12. Accessibility

We are committed to making the Site accessible to all users, including people with disabilities. ⚑ [If you use an accessibility tool/statement — e.g., AudioEye — reference it here and provide a contact for accessibility issues.] If you have trouble accessing any part of the Site, please contact us using the information below and we will work to assist you.

13. Disclaimer of Warranties

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of harmful components, or that any information (including pricing, availability, or specifications) is accurate, complete, or current. This section does not affect any warranties that apply to a vehicle or product under your signed purchase, lease, or service contract or under applicable law.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FDG AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ⚑ [Optional cap — counsel may add: “Our total liability for any claim relating to the Site will not exceed [$100 / the amount you paid us for access to the Site].”] Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15. Indemnification

You agree to indemnify and hold harmless FDG and its affiliates from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site, your submissions, or your violation of these Terms or of any law or third-party right.

16. Dispute Resolution — Arbitration Agreement and Class-Action Waiver

⚑ [Must match the arbitration clause in your Privacy Policy — have counsel confirm consistency or consolidate.]

Before filing any claim, you and FDG agree to first attempt to resolve any dispute informally by sending written notice to [ATTN: 4701 or 4725 McHenry Ave, Modesto, CA 95356] (confirm) and allowing 30 days to respond. If not resolved, any dispute arising out of or relating to the Site or these Terms will be resolved by binding arbitration on an individual basis, governed by the Federal Arbitration Act, before a single arbitrator under the American Arbitration Association Consumer (or, for businesses, Commercial) Arbitration Rules. This does not apply to disputes within small-claims-court jurisdiction. You and FDG waive the right to bring or participate in any class action or class arbitration. If any part of this waiver is unenforceable, the remainder still applies. Where a conflicting arbitration agreement exists between you and us (such as in a retail installment sale contract, lease, or repair order), that agreement governs.

17. Governing Law and Venue

These Terms are governed by the laws of the State of California without regard to conflict-of-law principles. Any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in California, and you consent to their personal jurisdiction.

18. Changes to These Terms

We may update these Terms at any time by posting a revised version and updating the “Last updated” date. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

19. General

If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. Our failure to enforce any provision is not a waiver. These Terms, together with the Privacy Policy, are the entire agreement between you and FDG regarding the Site.

20. Contact Us

Fitzpatrick Dealership Group
4725 McHenry Ave, Modesto, CA 95356
Email: Contact us