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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE
USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF
USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE
THIS SITE.
1. General.
This site is owned and operated by AutoDealerUPS (referred
to as " AutoDealerUPS "). AutoDealerUPS has the
right at any time to change or discontinue any aspect or feature
of the site, including, without limitation, the content, hours of
availability, and equipment needed for access or use of the site.
2. Restrictions on Use.
A. The site contains copyrighted material, trademarks and other
proprietary information, including, without limitation, text, software,
photos, video, graphics, music and sound, and the contents of the
site are copyright protected under the United States copyright laws.
You may not modify, publish, transmit, display, participate in the
transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will
be permitted without the express written permission of AutoDealerUPS
and the copyright owner. In the event of any permitted copying,
redistribution, or publication of copyrighted material, no changes
in or deletion of author attribution, trademark legend, or copyright
notice shall be made. You acknowledge that you do not acquire any
ownership rights by downloading copyrighted material.
B. The foregoing provisions of Section 2 are for
the benefit of AutoDealerUPS, its subsidiaries, affiliates,
and its third party content providers and licensors and each shall
have the right to assert and enforce such provisions directly or
on its own behalf.
3. Disclaimer of Warranty; Limitation of
Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
NEITHER AUTODEALERUPS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT
THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
B. THE SITE IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE
OF THE SITE.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR
(INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AUTODEALERUPS
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL AUTODEALERUPS OR ANY PERSON
OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE
OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT
(INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL,
OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS
OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND
CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO
EVENT SHALL AUTODEALERUPS TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE.
4. Indemnification.
You agree to defend, indemnify, and hold harmless AutoDealerUPS
and its affiliates and their respective directors, officers, employees,
and agents from and against any and all claims, actions, demands,
damages, costs, liabilities, losses, and expenses (including reasonable
attorneys' fees) arising out of your use of the site.
5. Trademarks.
All trademarks of AutoDealerUPS and its subsidiaries or affiliates
displayed on this site are subject to state, federal, and international
trademark protection. All rights reserved. All other trademarks
appearing on the site are the property of their respective owners.
6. Third Party Content.
Any information or content expressed or made available by third
parties, including information providers and users, are those of
the respective author(s) or distributor(s) and not of AutoDealerUPS.
7. Viruses.
AutoDealerUPS also assumes no responsibility, and shall not
be liable for, any damages to, or viruses that may infect, your
computer equipment or other property on account of your access to,
use of, or browsing in the Site or your downloading of any materials,
data, text, images, video, or audio from the Site.
8. Export Control.
Software and other materials from this Site may also be subject
to United States Export Control. The United States Export Control
laws prohibit the export of certain technical data and software
to certain territories. No software from this Site may be downloaded
or exported (1) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country to which the
Unites States has embargoed goods; or (2) anyone on the Unites States
Treasury Department's list of Specially Designated Nationals or
the U.S. Commerce Department's Table of Deny Orders. AutoDealerUPS
does not authorize the downloading or exportation of any software
or technical data from this Site to any jurisdiction prohibited
by the United States Export Laws.
9. Business Associates/Partners.
The business associates/partners of AutoDealerUPS identified
on this Site are independent contractors of AutoDealerUPS.
The business associates/partners are not joint ventures or partners
of AutoDealerUPS. No employee or representative of the business
associates/partners is under the control of AutoDealerUPS.
10. Changed Terms.
AutoDealerUPS has the right at any time to change or modify
the terms and conditions applicable to use of the site, or any part
thereof, or to impose new conditions, including, without limitation,
adding fees and charges for use. Such changes, modifications, additions,
or deletions shall be effective immediately upon notice thereof,
which may be given by any means including, without limitation, posting
on the site, or by electronic or conventional mail, or by any other
means. Any use of the site by you after such notice shall be deemed
to constitute acceptance of such changes, modifications, additions,
or deletions.
11. Miscellaneous.
These terms of use constitute the entire agreement of the parties
with respect to the subject matter hereof and supersede all previous
written or oral agreements between the parties with respect to such
subject matter. These terms of use shall be construed in accordance
with the laws of the State of Arizona, without regard to its conflict
of laws rules. You hereby consent to the personal jurisdiction of
the State of Arizona, acknowledge that venue is proper in any state
or Federal court in the State of Arizona, agree that any action
related to these terms of use must be brought in a state or Federal
court in the State of Arizona, and waive any objection that may
exist, now or in the future, with respect to any of the foregoing.
No waiver by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for convenience only
and shall not be given any legal import.
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