WEBSITE TERMS OF USE

Introduction.  Welcome to our website (the “Site ”).  The following are the rules or "Terms" that govern use of the Site and the services offered on this Site, making purchases from us, any links or searches offered on or from the Site (collectively, the “Services”). By making use of any of the Services, whether you are our customer or a visitor, you agree to be bound by these Terms. We reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please review these Terms periodically, especially before initiating a new transaction for Services.  These terms were last updated on July 1, 2006. 

Transactions. Any transactions initiated by Customers making use of the Site are solely between that Customer and the listing company. 

Eligibility.  We reserve the right to refuse or limit service to anyone in our sole discretion.

Permitted Use. You are only authorized to view pages of this Site for your own personal use. Please don’t duplicate, publish, modify or otherwise distribute the material on this Site unless specifically authorized by us to do so. The content and software on this Site is the property of ASD, or of our and/or its suppliers and licensors and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.

User Contributions to the Site. There may be opportunities for you to submit or upload content to the Site and to list your services on the Site.  In connection with your license of certain Services you may (1) create and periodically modify your listing with your company information in connection with your consideration of purchase services listing from us.  Your contributions to the Site, all of the content on your company listing (collectively, “User Content”) is subject to the rules regarding Prohibited Content that is listed below.  This Site does not actively monitor User Content on the Site.  

FOR YOUR OWN SAFETY, AND FOR THE SAFETY AND CONSIDERATION OF OTHERS, DO NOT PUT ANY NAMES, ADDRESSES OR OTHER INFORMATION THAT COULD BE USED TO IDENTIFY ANY INDIVIDUALS DEPICTED IN THE IMAGES THAT YOU UPLOAD UNLESS YOU HAVE THEIR PRIOR WRITTEN CONSENT, AND IN ANY EVENT, DO NOT EVER PROVIDE SUCH INFORMATION ABOUT MINOR CHILDREN WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THEIR PARENTS OR GUARDIANS AND ONLY AFTER IT IS FULLY UNDERSTOOD THAT SUCH PUBLIC EXPOSURE MAY BE DANGEROUS TO SUCH MINOR CHILDREN.  YOU ARE SOLELY LIABLE FOR THE LEGAL CONSEQUENCES OF ANY CONTENT THAT YOU POST TO THE SITE OR TO YOUR CUSTOMER WEBPAGES.

PLEASE NOTE THAT IF YOUR ACCOUNT IS TERMINATED FOR ANY REASON, THE USER CONTENT ON THE WEB PAGES INCLUDING YOUR ACCOUNT INFORMATION, AND ANY IMAGES, TEXT OR OTHER MATERIALS WILL NO LONGER BE AVAILABLE TO YOU OR VISITORS OF THE SITE.   WE HAVE NO OBLIGATION TO STORE OR KEEP COPIES OF SUCH MATERIALS, AND DONOT INTEND TO DO SO UNLESS OTHERWISE REQUIRED BY LAW OR COURT ORDER.

Use of User Content By Us.  You agree and grant Auto Services Direct, Inc. (“ASD”), the right to use the User Content in connection with the marketing, archiving, display or exhibition, in perpetuity, in any format, media or delivery channel, and throughout the world.  You expressly waive any claim against us or against AD, its parent, affiliated or subsidiary companies, its partners or its licensees in connection with their use of the User Content. If you do not want to make this grant and waiver, do not submit the User Content that you do not want us to use.

Links and Search Results. The Site may automatically produce search results that reference or links to third party sites throughout the Internet. We have no control over these sites or the content within them. We cannot guarantee, represent or warrant that any of the content contained any third party website is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against ASD for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results and/or to link to another site. However, if you have a problem with a link from the Site, please contact info@autoservicesdirect.com.

Prohibited Content. The following is a partial list of the kind of User Content that is illegal or prohibited on the Site. It includes content that:

·         Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

·         Is or could be harmful to minors;

·         Harasses or advocates harassment of another person;

·         Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"

·         Promotes information that you know is false, misleading, or promotes illegal activities or conduct, is abusive, threatening, obscene, defamatory or libelous;

·         Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices; providing pirated music, films or photographs or links to pirated files of any kind;

·         Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

·         Displays pornographic material of any kind;

·         Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

·         Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone's privacy; providing or creating computer viruses;

·         Solicits passwords, personal identifying information for commercial or unlawful purposes from other users;

·         Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes, etc.

·         Without limiting any prohibitions or advisory information set forth above in these Terms, you may not authorize any third party to view images of minor children that contain any personally identifiable information about such minor children (and/or that would allow such person to locate and/or contact such minors) without the prior written consent of the parents or guardians of each such minor child.

Violation of the Terms. You understand and agree that if ASD determines that you have violated these terms of use, we may terminate your account and/or remove any unauthorized User Content. This is also the case if we determine that you have violated our rights, another user of the Site, the rights of a Customer or any applicable law, in our sole discretion.  We may release user information about you and/or User Content if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.

Copyright Policy.  If you believe that your work or the work of any third party has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above  information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Systems Copyright Agent for Notice of claims of copyright infringement can be reached as follows:  mkatzlaw@yahoo.com.

Privacy. We believe that your privacy and the privacy of all our users are important. Please review our privacy policy. If you post any User Content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you.  Except when forming your account, conducting a transaction or otherwise contacting the Site for information, please do not post any private information or information that might let other people know personal information about you or know how to reach you other than through the Site.  This Site is not intended for use by persons under the age of fourteen.  Individuals who are under fourteen are expressly prohibited from posting any personally identifiable information about them on this Site and/or on any Customer Web Pages.

U.S. Export controls. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any of the Software available from the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Disclaimer.  The Site does not promise that the Site or any of the Services will be error-free, uninterrupted, nor that it will provide specific results from use thereof. The Services are delivered on an "as-is" and "as-available" basis.  We cannot ensure that any Services you download from the Site will be free of viruses or contamination or destructive features. We disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose or non-infringement of the any of the Services provided on or via access from the Site, and will not be liable for any damages of any kind arising from your use of this Site or any Services obtained or referred to you from the Site, including without limitation, indirect, incidental, punitive and consequential damages, even if we have been advised of the possibility of such damages.  Without limiting anything set forth above, we are not liable for any lost data resulting from the operation of our Site and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any content they upload or otherwise submit to the Site or us.

Disputes. If there is any dispute between you as a user and ASD, you hereby expressly agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the County of Los Angeles, State of California.  If there is any dispute between a user and another user such dispute is between those parties, and you expressly agree that ASD is not a party to the transactions giving rise to any such dispute.

Limitation on Liability. You expressly agree that ASD  is NOT responsible or held liable for any indirect, consequential, speculative or punitive damages arising from your use of the Site and/or the Services including also any orders for products or services that you make or receive via the Site, even if we have been advised of the possibility of such damages.  You expressly agree and understand that ASD is NOT legally responsible and will not be liable for any delays, interruptions of service, lost or corrupted data, lost profits, business interruptions or other damages arising any failure of the Site or provision of the Services accessed from the Site, including without limitation any server, software or other technical malfunction.  

Indemnity. You agree to indemnify and hold ASD, its parent, subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site or the Services in violation of any of these Terms, including also your use of the Site to provide a link to another website or to upload content or other information to the Site.

Termination or Closing Your Account.  You may close your account at any time by going to the “My Account” section on the Site. Upon closure of an account, any pending transactions will be cancelled. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated. Neither you or we will have the ability to take, transfer or otherwise port any of the User Content and/or account information from your company listing, and we have no obligation to store or provide access to any such User Content or Account Information.

Transferability. You may not transfer any rights or obligations you may have under this Agreement.  We reserve the right to transfer this Agreement or any right or obligation under this Agreement without your consent.