Advanced Dealer Services - adsmobile.net
Terms and Conditions of
Use
This page states the
Terms and Conditions under which you may use this Web Site. Please
read this page carefully. If you do not accept the Terms and
Conditions stated here, do not use the Web Site. Company may revise
these Terms and Conditions at any time by updating this posting. You
should visit this page periodically to review the Terms and
Conditions, because they are binding on you.
Section 1. Company's Liability
The Material may contain inaccuracies or typographical errors. Company
makes no representation about the accuracy, reliability, completeness,
or timeliness of the Material or about results to be obtained from
using the Web Site and the Material. Use the Web Site and the Material
at your own risk. Changes are periodically made to the Web Site and
may be made at any time. COMPANY DOES NOT WARRANT THAT THE WEB SITE
WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE
OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB
SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE
WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES'
RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY
AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT,
GRAPHICS, AND LINKS.
Section 2. Disclaimer of Consequential
Damages
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE
AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Section 3. User Submission
Generally, any communication which you post to the Web Site is
considered to be non-confidential. If particular Web pages permit the
submission of communications which will be treated by Company as
confidential, that fact will be stated in "Legal Notices" on those
pages. By posting communications to the Web Site, you automatically
grant Company a royalty-free, perpetual, irrevocable nonexclusive
license to use, reproduce, modify, publish, edit, translate,
distribute, perform, and display the communication alone or as part of
other works in any form, media, or technology whether now known or
hereafter developed, and to sublicense such rights through multiple
tiers of sublicensees.
As a User, you are responsible for your own communications and are
responsible for the consequences of their posting. You must not do the
following things: Post material that is copyrighted, unless you are
the copyright owner or have the permission of the copyright owner to
post it; post material that reveals trade secrets, unless you own them
or have the permission of the owner; post material that infringes on
any other intellectual property rights of others or on the privacy or
publicity rights of others; post material that is obscene, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another
User or any other person or entity; post a sexually-explicit image;
post advertisements or solicitations of business; post chain letters
or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness,
accuracy, or reliability of any of communications posted by other
Users or endorse any opinions expressed by Users. You acknowledge that
any reliance on material posted by other users will be at your own
risk.
Company does not screen communications in advance and is not
responsible for screening or monitoring material posted by Users. If
notified by a User of communications which allegedly do not conform to
this Agreement, Company may investigate the allegation and determine
in good faith and its sole discretion whether to remove or request the
removal of the communication. Company has no liability or
responsibility to Users for performance or nonperformance of such
activities. Company reserves the right to expel Users and prevent
their further access to the Web Site for violating this Agreement or
the law and the right to remove communications which are abusive,
illegal, or disruptive.
Section 4. Links to Other Sites
The Web Site contains links to third party Web sites. These links are
provided solely as a convenience to you and not as an endorsement by
Company of the contents on such third-party Web Sites. Company is not
responsible for the content of linked third-party sites and does not
make any representations regarding the content or accuracy of
materials on such third party Web sites. If you decide to access
linked third-party Web sites, you do so at your own risk.
Section 5. Software Licenses
All software that is made available for downloading from the Web Site
("Software") is protected by copyright and may be protected by other
rights. The use of such software is governed by the terms of the
software license agreement o designated "Legal Notice" accompanying
such software license ("License Agreement"). The downloading and use
of such software is conditioned on your agreement to be bound by the
terms of the License Agreement.
Section 6. Limitation of Liability
Unless otherwise expressly provided in a Software License Notice, the
aggregate liability for Company to you for all claims arising from the
use of the Materials (including Software) is limited to $100.
Section 7. Indemnity
You agree to define, indemnify, and hold harmless the Company, its
officers, directors, employees and agents, from and against any
claims, actions, or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use of the
Material (including Software) or your breach of the terms of this
Agreement.
The Company shall provide notice to you promptly of any such claim,
suit, or proceeding and shall assist you, at your expense, in
defending any such claim, suit or proceeding.
Section 8. Export Control
The United States controls the export of products and information. You
agree to comply with such restrictions and not to export or re-export
the Materials (including Software) to countries or persons prohibited
under the export control laws. By downloading the Materials (including
Software), you are agreeing that you are not in a country where such
export is prohibited or are a person or entity to which such export is
prohibited. You are responsible for compliance with the laws of your
local jurisdiction regarding the import, export, or re-export of the
Product.
Section 9. General
The Company makes no claims the Materials are
appropriate or may be downloaded outside the United States. Access to
the Materials (including Software) may not be legal by certain persons
or in certain countries. If you access the Web Site from outside of
the United States, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction. This Agreement is
governed by the internal substantive laws of the State of New York,
without respect to its conflict of laws principles. If any provision
of this Agreement is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of this Agreement, which shall
remain in full force and effect. No waiver of any term of this
Agreement shall be deemed a further or continuing waiver of such term
or any other term. Except as expressly provided in a particular "Legal
Notice" or Software License or material on particular Web pages, this
Agreement constitutes the entire Agreement between you and the Company
with respect to the use of the Web Site. Any changes to this Agreement
must be made in writing, signed by an authorized representative of the
Company.
|