ROMAIN AUTOMOTIVE GROUP
TERMS OF USE
 
Effective Date: July 22, 2026
IMPORTANT, PLEASE READ CAREFULLY: THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND ROMAIN SUBARU, INC. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.

1. Acceptance of Terms of Use

These Terms of Use govern your access to and use of www.romainsubaru.com operated by Romain Subaru, Inc. ("RBI").
 
By using the Site, you accept and agree to be bound by these Terms of Use and our Privacy Policy, available at https://www.romainsubaru.com/privacy.aspx, which is incorporated into these Terms by reference. If any conflict exists between these Terms of Use and the Privacy Policy, these Terms of Use control, except with respect to our collection, use, and disclosure of personal data, which is governed by the Privacy Policy.
This Site is offered to users who reside in the United States. You must be eighteen (18) years of age or older to submit a credit or financing application, complete a vehicle purchase or lease, or enter into any other binding agreement through this Site. Individuals under 18 may otherwise browse this Site, including vehicle listings and general content, and may submit an employment application, provided that any employment-related use complies with applicable child labor laws and, where required, is made with the consent of a parent or legal guardian. By submitting a credit application, purchase, lease, or other binding transaction through this Site, you represent that you are of legal age and have the legal capacity to do so.

2. Changes to These Terms

We may revise these Terms of Use at any time by posting an updated version to the Site. Changes are effective immediately upon posting. Your continued use of the Site after a change is posted constitutes your acceptance of the revised Terms.

3. Electronic Communications

When you use the Site, submit an application, or communicate with us by email, text, or through the Site, you are communicating with us electronically and consent to receive communications from us electronically. You agree that electronic communications satisfy any legal requirement that a communication be in writing.

4. Mobile Devices and Text Message Consent

By providing your phone number, you agree that we, or an authorized representative acting on our behalf, may call or text you (including using automated dialing technology) regarding your interest in a purchase, for marketing purposes, or for other servicing or informational purposes related to your account. Consent to receive calls or texts is not required to purchase from us. See our Privacy Policy for additional detail on text message communications, including how to opt out.

5. Accounts and Security

Certain features of the Site may require you to register for an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify us immediately of any unauthorized use of your account. We may suspend or terminate your account at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

6. Vehicle Listings and Pricing

Vehicle listings, descriptions, and pricing on the Site are for informational purposes only, and we do not guarantee their accuracy. Vehicle information may be obtained from third-party sources and may contain unintentional errors. All vehicles are subject to prior sale and may not be available in your area at the time of purchase. We are under no obligation to finance, sell, or lease any vehicle to you. If a vehicle or other item is mispriced, we may, at our discretion, contact you before delivery or pickup to correct the error, or cancel the transaction and notify you of the cancellation.

7. Intellectual Property Rights

The Site and its entire content, features, and functionality are owned by us, our licensors, or other content providers and are protected by United States copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, publicly display, republish, or otherwise use any material from the Site except: (a) your browser may temporarily cache content incidental to viewing the Site; and (b) you may print or download a reasonable number of pages for your own personal use, not for further distribution.
If you submit comments, photos, or other materials to us through the Site, you grant us the right to use those submissions for any purpose, without compensation to you, except for confidential materials submitted in connection with a credit application or purchase.

8. Trademarks

Our company names, logos, and related marks are trademarks of RAG or its licensors. You may not use these marks without our prior written permission. All other trademarks appearing on the Site belong to their respective owners.

9. Prohibited Uses

You agree not to use the Site:

• In any way that violates applicable law or regulation;
• To impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• To transmit unsolicited advertising, "spam," or similar solicitation;
• To use a robot, spider, scraper, or other automated means to access the Site without our prior written consent;
• To introduce viruses, malware, or other harmful code;
• To attempt to gain unauthorized access to any portion of the Site or any server or database connected to it;
• In any manner that could disable, overburden, or impair the Site or interfere with any other party's use of it.

10. User Contributions

If the Site includes reviews, chat features, or other interactive tools that allow you to submit content, any content you submit will be considered non-confidential and non-proprietary (except content submitted in connection with a credit application). You grant us the right to use, reproduce, and display such content. You are solely responsible for the content you submit, and you represent that it does not violate these Terms or any third party's rights.
We may remove any user content, and may suspend or terminate your access to the Site, at our sole discretion, including if we believe your content violates these Terms, infringes any right of a third party, or could create liability for us.

11. Copyright Complaints

We respond to clear notices of alleged copyright infringement. If you believe your work has been copied in a way that constitutes infringement, please send a written notice to our copyright agent at [contact email/address] containing:

• A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work you claim has been infringed;
• A description of where the allegedly infringing material is located on the Site;
• Your name, address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

12. Third-Party Links and Sponsored Content

The Site may contain links to third-party websites, provided for your convenience only. We do not control and are not responsible for the content or privacy practices of any linked site. Some third-party content on the Site may be sponsored or paid content, whether or not identified as such.

13. Disclaimers

THE SITE, AND ALL CONTENT AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

15. Indemnification

You agree to defend, indemnify, and hold us, our affiliates, and our respective officers, directors, employees, and agents harmless from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms or your use of the Site.

16. Equitable Remedies

You acknowledge that a breach of these Terms may cause us irreparable harm for which monetary damages would be an inadequate remedy, and that we are entitled to seek injunctive or other equitable relief in addition to any other remedies available to us.

17. Governing Law and Venue

These Terms of Use, and any dispute arising out of or relating to them or the Site, are governed by the laws of the State of Indiana, without regard to its conflict-of-law principles.
Any legal action arising out of these Terms or the Site, including actions involving RBI, RA, or RCC, shall be brought exclusively in the state or federal courts located in Vanderburgh County, Indiana, except that we retain the right to bring an action against you in your county of residence or any other appropriate venue. You waive any objection to personal jurisdiction or venue in the Vanderburgh County courts.

18. Dispute Resolution; Arbitration Agreement; Class Action Waiver

Initial Dispute Resolution

If a dispute arises between you and us relating to your visit to the Site, your use of the Services, or the breach, enforcement, interpretation, or validity of these Terms of Use (a "Dispute"), you and we agree to first try in good faith to resolve the Dispute informally by providing written notice to the other party describing the facts and circumstances of the Dispute, and allowing the receiving party thirty (30) calendar days to respond to or resolve it. Notice to us should be sent to the address in Section 24 (Contact Us). This informal resolution requirement is a condition precedent to initiating arbitration or litigation, except to the extent prohibited by law.

Agreement to Arbitrate

IF A DISPUTE IS NOT RESOLVED THROUGH THE INFORMAL PROCESS ABOVE, YOU AND WE EACH AGREE THAT THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN COURT, EXCEPT AS SET FORTH BELOW.
This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and evidences a transaction involving interstate commerce. Arbitration means a neutral arbitrator, rather than a judge or jury, will hear both sides and issue a decision. The arbitrator's decision will be final and binding on both parties, subject only to the limited review available under the Federal Arbitration Act. You and we each waive any right to a jury trial and to have a Dispute decided by a judge or jury.

Arbitration Procedure

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, if you are using the Site on behalf of a business, its Commercial Arbitration Rules), as those rules exist at the time the arbitration is commenced (the "Rules"). The Rules are available at www.adr.org/rules. The arbitration will be conducted by a single arbitrator and will take place in Vanderburgh County, Indiana, regardless of which Dealership (RBI, RA, or RCC) the Dispute involves, or another location the parties mutually agree upon, and will apply Indiana law consistent with the Federal Arbitration Act.
This arbitration agreement does not apply to Disputes that either party brings in small claims court, so long as the matter remains in small claims court and is not removed or appealed to a court of general jurisdiction.

Class Action Waiver

YOU AND WE EACH AGREE THAT ANY ARBITRATION OR OTHER PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. NEITHER YOU NOR WE MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Other Arbitration Agreements Control in a Conflict

If you have entered into a separate arbitration agreement with us, including an arbitration provision contained in a retail installment sale contract, purchase order, or lease agreement (an "Other Arbitration Agreement"), the terms of that Other Arbitration Agreement will govern and prevail over this Section 18 with respect to any Dispute within its scope.

Severability of This Arbitration Agreement

If any part of this arbitration agreement or class action waiver is found to be invalid or unenforceable, that part will be severed, and the remainder of this arbitration agreement and class action waiver will still be enforced. Any dispute over whether a particular part of this arbitration agreement is valid or enforceable will be decided by the arbitrator, not a court, except that any challenge to the enforceability of the class action waiver as a whole will be decided by a court of competent jurisdiction.

19. Limitation on Time to File Claims

ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT WILL BE PERMANENTLY BARRED.

20. Children's Privacy

The Site is not directed to children under thirteen (13) years of age, and general use of the Site by anyone under 13 is not permitted, except that an individual under 13 may be assisted by a parent or legal guardian in submitting an employment application through the Site.

21. Compliance with Law Enforcement

We will cooperate with law enforcement and government officials, and may disclose information about you, where we believe in good faith that disclosure is necessary to comply with legal process, protect our rights or property, or protect the safety of any person.

22. Corporate Transfers

In connection with a merger, acquisition, divestiture, or sale of assets, we may transfer or assign our rights and obligations under these Terms, including information associated with your use of the Site.

23. General Provisions

If any provision of these Terms is found invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. No waiver of any provision will be effective unless in writing. These Terms, together with our Privacy Policy and any applicable purchase or lease agreement, constitute the entire agreement between you and us regarding the Site.

24. Contact Us

This Site is operated by:
Romain Automotive Group
c/o United Companies
Attn: Privacy Compliance Officer
3700 E. Morgan Avenue
Evansville, Indiana 47715
Email: privacy@unitedevv.com