Legal

Terms of Use:

 Date of Last Revision:  [May], 2014

 

  1. Using the Website. 

This website is provided by Automotive Buy Sell Report, Inc. (“ABSR”).  As a subscriber to this website, you will have access to informational material available both on-and-off site, as well as material periodically delivered to you via e-mail (hereinafter collectively referred to as the “Website”).  Importantly, by clicking the “Accept Terms of Use” button below, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations as related to the Website.

Remember that all of the information contained on the Website is for informational purposes only and in no way constitutes an endorsement by ABSR to buy or sell any products or services or to pursue a certain course of action.  In this light, ABSR reserves the right to modify the information contained in the Website at any time without notice.  The Website is made available for your personal, non-commercial use.  Consequently, you are prohibited from (1) any resale or commercial use of the Website, (2) any collection and use of any listings, descriptions or prices; and (3) any use of data mining, robots, or similar data-gathering and extraction tools.

 

Note that the Website may display some content that is not owned by ABSR, such as links or frame-in windows that are independent of the Website.  Such content is the sole responsibility of the entity making it available, and ABSR makes no representation or warranty as to its accuracy, completeness, or authenticity.  Again, any link or frame-in window on the Website should not be construed as an endorsement by ABSR of that entity’s products or services, and you should check the specific privacy statements of any website before offering your personal information.  Linking or providing personal information to any off-Website page is at your own risk.

 

The Website is operated within the United States.  Accordingly, ABSR makes no representation that Website material or content is appropriate or available for use outside of the United States.  If you access the Website from a location outside of the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content.

 

  1. Your ABSR Account.

 To gain access to the Website, you will need an ABSR account.  To protect your ABSR account, keep your password confidential.  You are solely responsible for the activity that happens on or through your ABSR account.  If you learn of any unauthorized use of your password or ABSR account, please contact alysha@automotivebuysellreport.com.

 

Please note that ABSR’s information collection and use policies with respect to your ABSR account are set forth in ABSR’s Online Privacy Statement, which is available here, and by this reference, is hereby incorporated and made a part of these Terms of Use.

 

  1. Website Security & Compatibility.

 Do not misuse the Website.  You agree not to interfere with the proper working of the Website or to attempt to access it using a method other than the interface that ABSR provides.  Obviously, you may use the Website only as permitted by law.  As discussed below, ABSR may suspend or stop your ABSR account if you do not comply with these Terms of Use.

Remember that it is your responsibility to use virus-checking software on any material downloaded from the Website and to ensure the compatibility of such software with your equipment.

 

  1. Intellectual Property.

a. Copyrights.

All Website materials, including without limitation ABSR’s logos, design, text, graphics, marks, other files and the selection and arrangement thereof are:  Copyright © 2014 Automotive Buy Sell Report, Inc.  ALL RIGHTS RESERVED.

Except as otherwise allowed in these Terms of Use, none of the Website material may be copied, reproduced, distributed, republished, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ABSR or the copyright owner.  Importantly, this includes any type of “mirror” or “seed” of Website material.  Please note, however, that this does not prohibit you from downloading and reviewing these Terms of Use.

Of course, permission is granted to display, copy, distribute and download the Website materials for your personal non-commercial use; provided that you do not modify such materials and that you retain all intellectual property notices.  However, this permission immediately terminates if you breach any of these Terms of Use.

b. Trademarks.

The trademarks and service marks (together, the “Trademarks”) displayed on the Website are registered and unregistered trademarks of ABSR and others.  Your use of the Website does not constitute a license or right, by implication, estoppel, or otherwise, to use any Trademark displayed on the Website without the written permission of its owner.  Consequently, the name “Automotive Buy Sell Report” or its logo may not be used in any way without ABSR’s written permission.  Further, ABSR prohibits use of its name or logo as a “hot” link to any ABSR site, unless such link is approved in advance by ABSR in writing.  All other trademarks, product names, and company names or logos mentioned in the Website are the property of their respective owners.

c. Suspected Infringement.

As is evident from the above, we respect the intellectual property rights of others.  If you believe that your work has been copied in such a way that constitutes copyright infringement, please contact alysha@automotivebuysellreport.com with the following information:  (1) your address, telephone number, and e-mail address; (2) a description of the alleged infringing activity and where the material is located; (3) a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; (4) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (5) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

  1. Amendments to these Terms of Use. 

 ABSR reserves the right to modify these Terms of Use.  If ABSR makes such changes, ABSR will take reasonable commercial efforts to e-mail registered subscribers the modified Terms of Use.  Your continued use of the Website following the email notice will constitute your acceptance of the modified Terms of Use.  Accordingly, if you do not agree to the modified Terms of Use, you should discontinue your use of the Website.  Please note that you can always access the current version of these Terms of Use by clicking on the “Terms of Use” link at the bottom of each Website page.

 

  1. ABSR’s Warranties and Disclaimers.

 ABSR PROVIDES THE WEBSITE “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION (EXPRESS OR IMPLIED).  ABSR DOES NOT WARRANT AGAINST FAILURE OF PERFORMANCE, INCLUDING WITHOUT LIMITATION ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATIONS SYSTEMS.  ABSR ALSO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE MATERIAL IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT SUCH MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF USE, ABSR DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE WEBSITE AND ASSOCIATED MATERIAL, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE.

CONTENT ON THE WEBSITE AND ITS ASSOCIATED MATERIALS IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND.  IN PARTICULAR, NOTHING CONTAINED IN THE WEBSITE SHOULD BE CONSIDERED OR USED AS A SUBSTITUTE FOR LEGAL OR TAX ADVICE.  YOU SHOULD ALWAYS SEEK THE ADVICE OF AN ATTORNEY, TAX EXPERT, OR OTHER PROFESSIONAL WITH KNOWLEDGE OF YOUR PARTICULAR SITUATION WITH RESPECT TO SUCH MATTERS.

 

  1. ABSR’s Liability for the Website.

IN NO EVENT SHALL ABSR OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR THIRD PARTY PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT LIABILITY, OR ANY OTHER THEORY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY OF ITS ASSOCIATED MATERIALS, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTE THAT THE PROVISIONS OF THIS SECTION 7 AND THE PRECEDING SECTION 6 SHALL SURVIVE ANY TERMINATION OF YOUR RELATIONSHIP AS AN ABSR SUBSCRIBER OR YOUR USE OF THE ABSR WEBSITE AND MATERIALS.

 

  1. Indemnification.

By subscribing to the Website and accepting these Terms of Use, you agree to defend, indemnify, and hold ABSR harmless from any and all liabilities, costs, and expenses (including attorneys’ fees) arising from or related to your use of the Website, or any of the information accessible over or through the Website, including information obtained from linked websites or your violation of these Terms of Use or any other laws, regulations, or rules.  This indemnification obligation shall survive termination of your relationship as an ABSR subscriber or your use of the ABSR Website and materials.

 

  1. Governing Law.

Excluding its conflict of law rules, the laws of the State of Washington will apply to any dispute arising out of or relating to these Terms of Use.  Further, all claims at law or in equity arising out of or relating to these Terms of Use will be litigated in the federal or state courts in Tacoma, Washington, U.S.A., and you and ABSR hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.  Further, the prevailing party in any such action or dispute shall be entitled to an award of its attorneys’ fees and costs (including those incurred on appeal).  This Section 9 shall survive termination of your relationship as an ABSR subscriber or your use of the Website and materials.

10.  Termination of your ABSR Account.

 Notwithstanding any of these Terms of Use, ABSR reserves the right, without notice and in its sole discretion, to terminate or suspend your ABSR account, and to block or prevent future access to and use of the Website.

 

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