AUTOEXPERTS USA Terms of Service
The following governs your use of this site,
which is provided by AUTOEXPERTS USA and located on the internet at dealers.AUTOEXPERTS USA.com
(the "site"). AUTOEXPERTS USA is a division of AUTOEXPERTS USA, LLC.
Through the use of this site, you have indicated that you understand and agree to be bound by the
terms and conditions of this user agreement (the "agreement"). These terms of
use may be modified by AUTOEXPERTS USA, LLC. at any time at its discretion. Your
use of this site after such changes are implemented constitutes your
acknowledgment and acceptance of the changes. We urge you to check these terms of use
regularly.
If you do not agree to abide by these terms, please do not enter, browse, or
use this site.
SERVICES
AUTOEXPERTS USA, LLC is an online inventory management solutions company. We are not legally responsible for misrepresentation by dealers or anyone using our website and software, as we are essentially providing the same service as a printed newspaper advertisement.
Our site is designed to provide its users with AUTOEXPERTS USA' online auction management
applications and advanced inventory hosting solutions. You agree to (a) provide
true, accurate, current and complete information as prompted by the various
forms you may access on this Site and (b) maintain and update such information
to keep it true, accurate, current, and complete at all times. If any
information provided by you is untrue, inaccurate, not current or incomplete, or
if we have reasonable grounds to so believe, we have the right to suspend or
terminate your use of the Site. If we have reason to believe that you have used
an identity other than your own, we will cooperate with any law enforcement
investigation that may result from such misrepresentations and shall have the
right, in our sole discretion, to disclose any information you provided to us in
connection with such registration.
AUTOEXPERTS USA, LLC. will treat all information that you submit through this Site
in accord with its Privacy Policy.
FEES
Your right to use this Site is conditioned on your timely payment of all applicable
fees. All fees paid by you will be governed according to our Terms of Service.
We reserve the right at any time to charge fees for access to Site content or
services, or to portions of the existing Site content or services, or the Site
as a whole. In no event will you be charged for access to any Site content or
service, or to the Site as a whole, unless we obtain your prior agreement to pay
such charges. If you do not consent to such charges, however, you may not have
access to the paid content or service.
SITE RULES
You may use this Site for purposes expressly permitted by this Site. You may not use
this Site for any other purpose, including any commercial purpose, without
AUTOEXPERTS USA, LLC.'s express prior written consent. For example, you may not (and
may not authorize any other party to) co-brand this site, or frame this site
without the express prior written permission of an authorized representative of
AUTOEXPERTS USA, LLC. For purposes of these Terms of Use, "co -branding" means to
display a name, logo, trademark, or other means of attribution or identification
of any party in such a manner as is reasonably likely to give a user the
impression that such other party has the right to display, publish, or
distribute this Site or content accessible within this Site. You may not frame
or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of
AUTOEXPERTS USA or its affiliates without our express written consent. You agree to
cooperate with AUTOEXPERTS USA, LLC. in causing any unauthorized co-branding, framing
or hyper-linking immediately to cease.
You agree NOT to use the Site to:
1. Upload, store, post, email, disseminate, or
otherwise transmit any: (a) material that is inaccurate, unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually
explicit, libelous, invasive of another's privacy, hateful, racist, bigoted or
otherwise objectionable, (b) material that you do not have a right to transmit
under any law or under contractual or fiduciary relationships, (c) material that
infringes any patent, trademark, trade secret, copyright or other proprietary
right of any party, (d) advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form of solicitation, except where
specifically permitted, or (e) material that contains software viruses, worms,
trojan horses, time bombs, canelbots, or any other malicious or invasive
computer code designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; (f) engaging in
any other activity deemed by AUTOEXPERTS USA, LLC. to be in conflict with the spirit
or intent of this Site;
2. Impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with a person or entity;
3. Promote any other personal, public or commercial entity;
4. Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any material transmitted through the Site;
5. Interfere with or disrupt the Site or servers or networks
connected to the Site, or disobey any requirements, procedures, policies or
regulations of networks connected to the Site;
6. Try to gain access to areas that are private to AUTOEXPERTS USA,
LLC. or to other AUTOEXPERTS USA users and/or members;
7. Violate any applicable local, state, national, or
international law or any regulation having the force of law;
8. Stalk or otherwise harass another;
9. Harm minors in any way, including, without limitation, to
establish unlawful contact with minors (whether on or off the Site);
10. Collect or harvest screen names;
11. Collect or store personal data about other users of the
Site; or solicit or attempt to discover a user's password, screen name, or other
registration information without the user's express knowledge and consent;
12. Promote or provide instructions of information about how
to engage in illegal conduct or commit illegal activities, promote physical harm
or injury, or promote any illegal act; or store any information or use any web
page or directory you create for remote loading or as a door or signpost to
another web page, whether inside or outside the Site.
Without limiting the foregoing, we and our designees shall have the right to
remove any material that violates this Agreement, that we believe in good faith
may create liability for us, or that we deem is otherwise objectionable. You
acknowledge and agree that we may preserve material and may disclose material if
required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce this Agreement; (c) respond to claims that any material violates the
right of third parties; or (d) in our sole judgment, protect the rights,
property, or personal safety of AUTOEXPERTS USA and its users and the public.
PROPRIETARY RIGHTS
You acknowledge that the Site contains information, data, software, photographs,
graphs, typefaces, graphics, and other material (collectively "Content") that
are protected by copyrights, trademarks, trade secrets, or other proprietary
rights, and that these rights are valid and protected in all forms, media and
technologies existing now or hereinafter developed. All Content is copyrighted
under the U.S. copyright laws, and AUTOEXPERTS USA, LLC. owns, among other things, a
copyright in the selection, coordination, arrangement, and enhancement of such
Content. You may not modify, remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative works from, or in any
way exploit any of the Content, in whole or in part. If no specific restrictions
are displayed, you may make copies of select portions of the Content, provided
that the copies are made only for your personal use and that you maintain any
notices contained in the Content, such as all copyright notices, trademark
legends, or other proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use privilege under the U.S.
copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post,
reproduce, or distribute in any way Content protected by copyright, or other
proprietary right, without obtaining permission of the owner of the copyright or
other propriety right.
TRADEMARKS
AUTOEXPERTS USA and other marks indicated on the Site are registered trademarks of AUTOEXPERTS USA,
LLC. Our graphics, logos, page headers, button icons, scripts, and service names
are trademarks or trade dress of AUTOEXPERTS USA, LLC. AUTOEXPERTS USA, LLC.'s trademarks
and trade dress may not be used in connection with any product or service that
is not the property of AUTOEXPERTS USA, LLC., in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits
AUTOEXPERTS USA or AUTOEXPERTS USA, LLC. All other trademarks and company names and logos
not owned by us that appear on the Site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by
AUTOEXPERTS USA, LLC.
To obtain such consent, please contact:
Customer Service Department
AUTOEXPERTS USA, LLC.
AutoExperts USA
133 Beard Drive
New Milford, CT 06776
800-750-2383 phone
860-355-5416 fax
support@AUTOEXPERTSUSA.com
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright
owners who believe that their rights under the United States Copyright Act have
been infringed by acts of third parties over the Internet. If you believe that
your copyrighted work has been copied without your authorization and is
available on this site in a way that may constitute copyright infringement, you
may provide notice of your claim to AUTOEXPERTS USA, LLC.'s designated agent listed
below. For your notice to be effective, it must include the following
information: (1) A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site; (3)
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit the service
provider to locate the material; (4) Information reasonably sufficient to permit
the service provider to contact the complaining party, such as address,
telephone number, and, if available, an electronic mail address at which the
complaining party may be contacted; (5) A statement that the complaining party
has a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and (6) A
statement that the information in the notification is accurate and under penalty
of perjury, that the complaining party is authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed. If a third party has
wrongly filed a copyright infringement notice with AUTOEXPERTS USA, LLC. against you,
and your access to the allegedly infringing material has been disabled, you have
the right to provide AUTOEXPERTS USA, LLC.'s designated agent with a counter
notification. That notification must include the following information: (1)
Physical or electronic signature of the subscriber; (2) Identification of the
material that has been removed or to which access has been disabled and the
location at which the material appeared before it was removed or access to it
was disabled; (3) A statement under penalty of perjury that the subscriber has a
good faith belief that the material was removed or disabled as a result of
mistake or misidentification; and (4) The subscriber's name, address, telephone
number and email address, and a statement that the subscriber consents to the
jurisdiction of the Federal District Court for the judicial district in which
the address is located, or if the subscriber's address is outside of the United
States, for any judicial district in which the service provider may be found,
and that the subscriber will accept service of process from the person who
provided notification or an agent of such person.
AUTOEXPERTS USA, LLC.'s designated agent is:
AUTOEXPERTS USA, LLC.
AutoExperts USA
133 Beard Drive
New Milford, CT 06776
800-750-2383 phone
860-355-5416 fax
support@AUTOEXPERTSUSA.com
HYPER-LINKS
This site may be hyper-linked to other sites that are not maintained by, or related
to, AUTOEXPERTS USA and AUTOEXPERTS USA, LLC. Hyper-links to such sites are provided as a
convenience and service to our users and are not sponsored by or affiliated with
this Site or AUTOEXPERTS USA and AUTOEXPERTS USA, LLC. AUTOEXPERTS USA, LLC. has not reviewed any
or all of such sites and is not responsible for the content of those sites.
Hyper-links are to be accessed at your own risk, and AUTOEXPERTS USA makes no
representations or warranties about the content, completeness or accuracy of
these hyper-links or the sites hyper-linked to this Site. Further, the inclusion
of any hyper-link to a third-party site does not necessarily imply endorsement
by AUTOEXPERTS USA, LLC. of that site.
DISCLAIMER AND LIMITATION OF LIABILITY
You expressly agree that use of this Site and service is at your sole risk. Neither
AUTOEXPERTS USA, LLC., nor its affiliates or subsidiaries, nor any of its officers,
directors, or employees, agents, third-party content providers, third-party
service providers, merchants, sponsors, licensors (collectively, "Providers"),
or the like, warrant that web sites affiliated with AUTOEXPERTS USA,LLC., including
but not limited to AUTOEXPERTS USA, will be uninterrupted, error-free, virus free or
free of other defects. The information, products and services published on this
Site may contain inaccuracies or typographical errors. The Providers make no
warranty as to the results that may be obtained from the use of AUTOEXPERTS USA,
LLC.'s web sites or as to the accuracy, reliability, or currency of any
information content, service, or merchandise provided through AUTOEXPERTS USA, LLC.'s
web sites. All of the information in this Site, whether historical in nature or
forward-looking, speaks only as of the date the information is posted on this
Site, and AUTOEXPERTS USA, LLC. does not undertake any obligation to update such
information after it is posted or to remove such information from this Site if
it is not, or is no longer, accurate or complete. THIS SITE IS PROVIDED BY
AUTOEXPERTS USA, LLC. ON AN "AS IS"AND "AS AVAILABLE" BASIS. AUTOEXPERTS USA, LLC. AND THE
PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE, THE AVAILABILITY OF ANY GOODS OR SERVICES
OFFERED ON OR THROUGH THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR
PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, AUTOEXPERTS USA, LLC. AND THE PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS
AND SERVICES AVAILABLE ON THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTOEXPERTS USA,
LLC. AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE
OR WRITTEN INFORMATION GIVEN BY AUTOEXPERTS USA, LLC. NOR ITS AFFILIATES, NOR ANY OF
THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL
CREATE A WARRANTY OF ANY KIND; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR
ADVICE. THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTHWITHSTANDING ANY
RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM WWW.AUTOEXPERTS USA.COM OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL,
ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO AUTOEXPERTS USA, LLC.'S RECORDS,
PROGRAMS, OR SERVICES, AND WHETHER OR NOT AUTOEXPERTS USA, LLC. AND/OR ANY OTHER
PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY
ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND
SERVICES AVAILABLE THROUGH WWW.AUTOEXPERTS USA.COM AND ALL OTHER WEBSITES AFFILIATED
WITH AUTOEXPERTS USA, LLC. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNITY
You will indemnify and hold AUTOEXPERTS USA, LLC., its subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents, officers,
directors, and contractors (the "Indemnified Parties") harmless from any breach
of these Terms of Use by you, including any use of Content other than as
expressly authorized in these Terms of Use. You agree that the Indemnified
Parties will have no liability in connection with any such breach or
unauthorized use, and you agree to indemnify any and all resulting loss,
damages, judgments, awards, costs, expenses, and attorneys' fees of the
Indemnified Parties in connection therewith. You will also indemnify and hold
the Indemnified Parties harmless from and against any claims brought by third
parties arising out of your use of the information accessed from this site.
SECURITY
You are prohibited from using any services or facilities provided in connection with
this Site to compromise security or tamper with system resources and/or
accounts. The use or distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network probing tools) is
strictly prohibited. If you become involved in any violation of system security,
AUTOEXPERTS USA, LLC. reserves the right to release your details to system
administrators at other sites in order to assist them in resolving security
incidents. AUTOEXPERTS USA, LLC. reserves the right to investigate suspected
violations of these Terms of Use.
AUTOEXPERTS USA, LLC. reserves the right to fully cooperate with any law
enforcement authorities or court order requesting or directing AUTOEXPERTS USA, LLC.
to disclose the identity of anyone posting any information, or publishing or
otherwise making available any materials that are believed to violate these
Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS AUTOEXPERTS USA,
LLC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AUTOEXPERTS USA, LLC. DURING
OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER AUTOEXPERTS USA, LLC. OR LAW ENFORCEMENT
AUTHORITIES.
SEVERABILITY
If for any reason a court of competent jurisdiction finds any provision
of these Terms of Use, or any portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to affect
the intent of these Terms of Use, and the remainder of these Terms of Use shall
continue in full force and effect.
HEADINGS
The headings in these Terms of Use are included solely for convenience and will not
limit or otherwise affect these Terms of Use or any interpretation thereof.
TERMINATION
These Terms of Use are effective until terminated by either party. You may terminate
these Terms of Use at any time by discontinuing use of our Site and destroying
all materials obtained from our site and all copies thereof, whether made under
these Terms of Use or otherwise. YOUR ACCESS TO OUR WEBSITE MAY BE TERMINATED
IMMEDIATELY WITHOUT NOTICE FROM AUTOEXPERTS USA, LLC. IF IN OUR SOLE DISCRETION YOU
FAIL TO COMPLY WITH ANY TERM, CONDITION, OR PROVISION OF THESE TERMS OF USE, OR
IF AUTOEXPERTS USA, LLC. BELIEVES, IN ITS SOLE DISCRETION, THAT YOUR USE IS IN
VIOLATION OF ANY APPLICABLE LAW, INHIBITS OR RESTRICTS THE ABILITY OF OTHER
USERS TO USE OR ENJOY OUR SITE, OR OTHERWISE CONSTITUTES AN UNACCEPTABLE USE OF
OUR SITE. Upon termination, you must cease use of our Site and destroy all
materials obtained from our site and all copies thereof, whether made under
these Terms of Use or otherwise.
NON-TRANSFERABILITY
Your right to use our site is NOT transferable.
APPLICABLE LAW
By visiting our Site, even if accessed from a location outside the United States,
you agree that the laws of the State of Connecticut, without regard to conflict of
law principles, will govern these Terms of Use, our
Privacy Policy, and any
dispute of any sort that might arise between you and AUTOEXPERTS USA, LLC. and its
officers, directors, partners, affiliates, subsidiaries, employees, agents, or
suppliers. By using our Site, you agree to submit to the exclusive jurisdiction
of the state and federal courts located in the city of New Milford, CT, for all disputes and issues regarding your use of our site, our
Privacy Policy and your
compliance with these Terms of Use.
INTERNATIONAL USERS
This Site can be accessed from locations around the world. AUTOEXPERTS USA, LLC. makes
no representations this Site or the Content available through it is appropriate
for use at other locations outside the United States. Access to this Site from
locations where our Site or any of its Contents are illegal or where the
jurisdiction does not give effect to all provisions of these Terms of Use and
our Privacy Policy is
prohibited. If you access our site from a location outside the United States,
you do so at your own risk and you are responsible for compliance with all local
and/or international laws.
CHILDREN
AUTOEXPERTS USA, LLC. and AUTOEXPERTS USA do not solicit information from minors or children under the
age of eighteen. No children under the age of 18 are allowed to use any features
of our Site that result in the collection of a child's personal information
without parental consent. There are no computer applications on our Site to
determine the age of a visitor; thus, all information volunteered on our site
will be treated the same as information given by an adult if we do not know it
has been provided by a child under 18. The Internet browsing behavior of any
minor should be carefully supervised by a responsible adult at all times. Please
refer to our Privacy Policy
for more detailed information on personal information of children under the age
of 18 and for our parental consent procedure.
RIGHT TO MONITOR
AUTOEXPERTS USA, LLC. reserves the right to monitor all network traffic to our site to identify
and/or block unauthorized attempts or intrusions to upload or change information
or cause damage to our Site in any fashion. Anyone using our Site expressly
consents to such monitoring by using our Site.
DATE LAST MODIFIED: JANUARY 1, 2006© 2004 AUTOEXPERTS USA USA, LLC. |