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:

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;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Promote any other personal, public or commercial entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Site;
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;
Try to gain access to areas that are private to AUTOEXPERTS USA, LLC. or to other AUTOEXPERTS USA users and/or members;
Violate any applicable local, state, national, or international law or any regulation having the force of law;
Stalk or otherwise harass another;
Harm minors in any way, including, without limitation, to establish unlawful contact with minors (whether on or off the Site);
Collect or harvest screen names;
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;
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
62 Beard Drive
New Milford, CT 06776

860.355.5416 phone

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
62 Beard Drive
New Milford, CT 06776

860.355.5416 phone

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.