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
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
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
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.