TERMS & CONDITIONS

Last updated November 01, 2022


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SETFORTH BELOW. TERMS AND CONDITIONS SUBJECT TO CHANGE WITHOUT NOTICE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.


Unauthorized use of NITRO OS website and systems, including but not limited to unauthorized entry NITRO OS systems or misuse of any information posted to a site, is strictly prohibited.


You acknowledge that NITRO OS may disclose and transfer any information that you provide through this Website to (i) any company within the NITRO OS group, its affiliates agents or information providers; (ii) to any person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. Use of this website, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.


You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to NITRO OS or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy to see how we treat your data.


SMS Text Messaging Terms & Conditions

Please read these SMS Text Messaging Terms & Conditions carefully. By completing the Application Form, you expressly consent to receive non-marketing or marketing text messages from NITRO OS, LLC (“NITRO” or "NITRO OS") at the mobile phone number(s) you provide.


You may opt-out of these communications at any time by texting STOP to any text message from NITRO or by otherwise contacting NITRO as indicated below. You can receive help at any time by contacting NITRO as indicated below. Consent to receive non-marketing or marketing text messages is not required to purchase any products or services from the NITRO. Messaging and data rates may apply. By completing the Application Form, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of NITRO services.


  • PROGRAM DESCRIPTION

    NITRO offers its text messaging program, referred as (“NITRO Program”), whereby NITRO and any applicable service providers, will text message you to provide you with information concerning NITRO products, services, promotions and notification from dealership(s) that you purchase the car(s) from.


  • COST

    NITRO does not impose a separate fee for sending NITRO text messages under the NITRO Program. However, standard message and data rates may apply to each text message sent or received in connection with the NITRO Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.


  • SUPPORTED CARRIERS; INTERRUPTION

    The NITRO Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The NITRO Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the NITRO Program are available on all equipment/mobile devices, or through all wireless carriers. NITRO may, from time to time, in its discretion and without notice to you, limit the carriers that support the NITRO Program. Certain other carriers may not support the NITRO Program. Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The NITRO Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of NITRO's control, and NITRO is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person's equipment/wireless device relating to or resulting from participating in or using the NITRO Program. If the NITRO Program is not available within your intended location, you agree that your sole remedy is to cease using the NITRO Program.


  • HOW TO OPT-IN

    NITRO automatically opt-in you when you start with the Application Form using NITRO OS.


  • HOW TO OPT-OUT

    To STOP receiving text messages from NITRO, text STOP to number we send the text from. You will then receive confirmation of your opt-out of the NITRO text messaging program. You may also opt out by email us at support@nitroos.com .


  • SUPPORT/HELP

    To request more information, email us at support@nitroos.com .


  • ELIGIBILITY

    To receive NITRO text messages, you must be a resident of the United States and eighteen (18) years of age or older. NITRO reserves the right to require you to prove the foregoing to participate in the text messaging program.


  • PRIVACY

    We take your privacy seriously. Please review our privacy policy.


  • CHANGES TO THIS SMS TEXT MESSAGING TERMS & CONDITIONS

    NITRO may revise, modify, or amend these SMS Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to NITRO website. You agree to review these SMS Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive NITRO text messages will indicate your acceptance of those changes.


Copyright Notices

The works of authorship contained within nitroos.com ("website"), including but not limited to all design, text and images are owned, except where otherwise expressly stated, by NITRO OS, LLC. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without NITRO's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 USC § 107), as amended, and then, only with notices of NITRO's proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.


Trademark Notices

The name NITRO OS® is the trademarks of NITRO OS, LLC.


Web Content & Materials

The information on this website is for information purposes only. The terms and conditions contained herein are subject to change without notice. You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreement you may have with NITRO.


NITRO OS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND Nitro OS DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. NITRO OS RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO USER. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY NITRO TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.


Potential Disruption of Service

Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:


  • Hardware failure, including, among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
  • Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content.
  • Overload of system capacities
  • Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or other natural disasters
  • Interruption (whether partial or total) of power supplies or other utility of service
  • Strike or other stoppage (whether partial or total) of labor
  • Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention
  • Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of NITRO
Limitation of Liability

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" "AS AVAILABLE". NITRO OS AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. NITRO OS AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, NITRO WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USERS BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL NITROBE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND BHG'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.


NITRO OS AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, NITRO AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO THE CAUSES BEYOND NITRO AND ITS AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITED OR REDUCING NITRO'S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.


UNDER NO CIRCUMSTANCES WILL NITRO OS BE LIABLE FOR LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER NITRO OS HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.



Enforceability & Governing Law

In the event any of the terms or provisions of these Terms and Conditions shall be held unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with NITRO. The terms of this disclaimer are governed by the laws of the State of New York.