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Automotive.com Terms of Use The Automotive.com Web site ("Site") is offered to you, the user, conditioned on your acceptance of the terms, conditions and notices contained or incorporated by reference herein and such additional terms and conditions, agreements and notices that may apply to any page or section of the Site. Overview Your use of this Site constitutes your agreement to all such terms, conditions and notices. Please read them carefully. By using this Site, you agree to these Terms of Use ("Terms of Use"), as well as any other terms, guidelines or rules that are applicable to any portion of this Site, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of information or products from this Site. Modification of The Site and These Terms & Conditions Automotive.com reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which this Site is offered and the services, features, links, content, information and any other materials offered via this Site at any time and from time to time without notice or further obligation to you except as may be provided therein. By your continued use of the Site following such modifications, alterations or updates, you agree to be bound by such modifications, alterations, or updates. Copyright All content, text, images and other materials on the Site are either owned or licensed by us or by a third party and are protected by U.S. copyright laws and therefore, may not be used except with our express written consent. Unless otherwise agreed in writing by us, you may not copy or display or post any content, text, images or other materials offered via this Site on any network computer, website, bulletin board or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright or other proprietary notices on any content, text, images or other materials offered via this Site. Trademark All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Automotive.com, its affiliates or other respective owners. You may not display or reproduce the Marks other than with the prior written consent of Automotive.com, and you may not remove or otherwise modify any trademark notices from any content, text, images or other materials received through the Site. Links to Third Party Sites Automotive.com may contain links to web sites operated by third parties other than Automotive.com. Such links are provided for your reference only. Automotive.com does not control such web sites, and is not responsible for the contents of these web sites. Automotive.com's inclusion of links to such web sites does not imply any endorsement of the material on such web sites. If you decide to access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites. Privacy Automotive.com respects the privacy of users of its Site. Please refer to Automotive.com's Privacy Policy for information on users' rights and responsibilities with respect to information collected by Automotive.com by clicking here. Forms, Registration and Passwords If any of the services, information or materials provided via this Site require you to open an account, register or provide certain information, you agree to complete the account initiation, registration or other process by providing Automotive.com with current, complete and accurate information as requested by any forms. You acknowledge and agree that any login, identifier or password issued in connection with this Site (each, a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access this Site using such Password. You agree to notify Automotive.com immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by Automotive.com. You acknowledge and agree that Automotive.com, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use of any portion of this Site at any time without notice to you. Automotive.com cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site. Monitoring Automotive.com has no obligation to monitor this Site or any portion thereof. However, Automotive.com reserves the right to review any content, text, images, files, information or other materials submitted to or posted on this Site, including, without limitation, on the "Forums" portion of this Site, and remove, delete, redact or otherwise modify such any content, text, images, files, information or other materials submitted to or posted on this Site, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Automotive.com does not endorse, and you may not rely on, any content, text, images, files, information or other materials submitted to or posted on this Site. Automotive.com has no obligation to display or post any content, text, images, files, information or other materials provided by you. Automotive.com reserves the right to disclose, at any time and from time to time, any information or any content, text, images, files, information or other materials submitted to or posted on this Site or identifying information of the submitter or poster that Automotive.com deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request. Automotive.com shall not have any liability in connection with any content, text, images, files, information or other materials submitted, transmitted via this Site, or displayed on this Site, regardless of whether provided by Automotive.com or any other party. Dispute Resolution If any controversy, dispute or claim arising out of or related to your use of this Site arises, the dispute will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. However, Automotive.com will have the right to petition a court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use of Automotive.com's trademarks, service marks, copyrights, patents, trade secrets or other intellectual property (collectively, the "Intellectual Property") or any act or omission by you that may impair the goodwill associated with the Intellectual Property. Indemnification You agree to indemnify, defend and hold harmless Automotive.com, its affiliates, and their respective officers, directors, employees, agents, suppliers and third party partners from and against a ll losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from: (1) your use of the Site, including, without limitation any content, images, information or other materials submitted or transmitted by you via the Site, (2) any use of any Password chosen by or issued to you, or (3) any violation by you of: (a) these Terms of Use, (b) any other terms, guidelines or rules applicable to the Site, (c) any rights of any other person or entity, and (d) and any applicable laws, rules or regulations. Enforcement You hereby agree that the exclusive venue for all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated by you will be Orange County, California, USA. These Terms of Use and the relationship between you and Automotive.com will be governed by the laws of the State of California as if you signed these Terms of Use in California. The provisions of these Terms of Use which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. Personal & Non-Commercial Use Limitation This Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. The content available through this Site is the sole property of Automotive.com or its licensors and is protected by patent, copyright, trademark, trade secret and other intellectual property laws. Except as otherwise explicitly agreed in writing, Automotive.com-owned content received through this Site may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by Automotive.com licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Site to anyone, including but not limited to others in the same company or organization without Automotive.com's express prior written consent. Limitation of Liability NEITHER Automotive.com NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Automotive.com OR A SUPPLIER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO ACCESS OR USE THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS ARE PROVIDED BY Automotive.com OR ANY THIRD PARTY. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, Automotive.com AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, WHETHER PROVIDED OR OWNED BY IT OR THEM OR BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, Automotive.com DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, AND YOU MAY NOT RELY ON THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Liability Disclaimer ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL OR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN Automotive.com AND YOU, EXCEPT FOR THESE TERMS OF USE, THE Automotive.com PRIVACY POLICY AND THE Automotive.com FORUM TERMS OF USE. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. Automotive.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. Automotive.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY AND COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AS A CONDITION OF YOUR USE OF THIS SITE, YOU WARRANT TO Automotive.com THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS, CONDITIONS, AND NOTICES. Vehicles NONE OF THE VEHICLES LISTED IN THE CLASSIFIED SECTION OR REVIEWS IS OWNED BY Automotive.com. Automotive.com OFFERS NO EXPRESS OR IMPLIED WARRANTY ON ANY VEHICLE. VEHICLES DISPLAYED FOR SALE ON Automotive.com AND/OR PARTNER, DEALER OR INDEPENDENT PROVIDER WEB SITES MAY BE SOLD WITH OR WITHOUT WARRANTY FROM THE OFFERING/SELLING DEALER (EACH, A "DEALER"). UNLESS STATED OTHERWISE, ALL VEHICLES ARE SOLD "AS-IS", WITH ALL FAULTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED REPRESENTATIONS REGARDING A VEHICLE ARE THAT OF THE SELLING DEALER AND NOT Automotive.com. IT IS YOUR RESPONSIBILITY TO READ THE VEHICLE DESCRIPTION PROVIDED BY THE DEALER AND TO PHYSICALLY INSPECT THE VEHICLE PRIOR TO COMPLETING YOUR PURCHASE. Automotive.com DOES NOT CERTIFY THE QUALITY, ACCURACY OR CONDITION OF ANY OF THE VEHICLES ADVERTISED ON Automotive.com OR ANY PARTNER, DEALER OR INDEPENDENT PROVIDER WEB SITES. IT IS YOUR RESPONSIBILITY TO INSPECT EVERY VEHICLE PRIOR TO COMPLETING YOUR PURCHASE AS EACH DEALER MAY OFFER PRE-OWNED VEHICLES WITHOUT EXPRESS WARRANTY, REFUND OR EXCHANGE OPTIONS. THE DEALER IS RESPONSIBLE FOR DISCLOSING PRIOR RENTAL AND DEALER DEMONSTRATION HISTORY, FRAME DAMAGE, SALVAGE HISTORY, STOLEN-RECOVERY HISTORY, FLOOD DAMAGE, AND ANY MATERIAL COSMETIC OR MECHANICAL DAMAGE, DEFECT OR IRREGULARITY OF THE VEHICLE. Automotive.com DOES NOT INSPECT OR CERTIFY ANY VEHICLE, REGARDLESS OF WHETHER ANY DEALER MAY CLAIM TO OFFER INSPECTED VEHICLES AND "CERTIFY" THE CONDITION OF THE VEHICLE BEING OFFERED. IT IS DEALER'S SOLE RESPONSIBILITY TO ENSURE THAT THE VEHICLE MEETS ALL LOCAL STATE AND FEDERAL REQUIREMENTS APPLICABLE FOR THE MODEL AND YEAR OF VEHICLE. VEHICLE AVAILABILITY & PRICES: Automotive.com DOES NOT GUARANTEE VEHICLE PRICES OR AVAILABILITY. ALL VEHICLE DESCRIPTIONS AND PRICES PROVIDED TO YOU EITHER ON THIS SITE OR VIA SEPARATE CONTACT FOLLOWING YOUR SUBMISSION OF A PURCHASE REQUEST ARE MADE BY THE PARTICIPATING DEALER POSSESSING THE DESIRED VEHICLE AND NOT BY Automotive.com. ALL VEHICLES PRICES AND DESCRIPTIONS LISTED AS AVAILABLE ON THIS SITE ARE ESTABLISHED AND ELECTRONICALLY PLACED THERE BY THE PARTICIPATING DEALER WHO OWNS THE VEHICLE AND NOT Automotive.com. ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST IS PROCESSED. ALL PRICES AND TERMS ARE VALID ON DATE OF PUBLICATION ONLY. ALL DATA AND INFORMATION USED IN OUR RESEARCH TOOLS FOR CONFIGURING VEHICLES, SELECTING OPTIONS, DETERMINING PRICING, INVOICE OR INCENTIVES ON THIS SITE ARE SUPPLIED BY THIRD PARTY VENDORS FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE BINDING ON Automotive.com OR THE SUBSCRIBING DEALER. ALL TOOLS APPEARING ON THIS SITE THAT ALLOW FOR CONFIGURING VEHICLES WIT H DIFFERENT OPTIONS DO SO WITH SUCH ITEMS THAT ARE TYPICALLY AVAILABLE FROM THE MANUFACTURER AND ARE TYPICALLY AVAILABLE AT LOCAL DEALERSHIPS AND MAY NOT BE INDICATIVE OF ALL OF THE CONFIGURATIONS AND EQUIPMENT AVAILABLE ON THE VEHICLE BEING CONFIGURED OR THE EXACT PRICE(S) FOR A VEHICLE SO EQUIPPED. VEHICLE DEPOSITS & SERVICE FEES: IT IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU ARE BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR VEHICLE PURCHASE OR LEASE. Automotive.com DOES NOT CHARGE A FEE TO CONSUMERS FOR OUR SERVICES. ANY DEPOSIT REQUIREMENT IS STRICTLY NEGOTIABLE BETWEEN YOU AND THE DEALER (NOT Automotive.com). Vehicle Information The Site does not advertise or promote the sale or lease of any particular vehicle, nor does the Site recommend or endorse the sale or lease of any particular vehicle, and users should not construe the information conveyed via the Site as advertisements for the sale or lease of any particular vehicle. Rather, the Site only provides information, including price quotes and pricing data, to users of the Site to aid in the decision-making process and the negotiating process with dealers. Prior to making any purchasing decisions, we encourage users and all car buyers to acquire pricing information from the Site for multiple makes and models of vehicles. Insurance Automotive.com is not an insurance agent, broker or provider. Any insurance information provided on this Site, including, without limitation, quotes, links, articles, glossaries and any other materials, is provided solely as a convenience to you. Without limiting any of the foregoing, Automotive.com makes no warranties, and expressly disclaims any warranties, express or implied, including, without limitation, any warranties regarding the accuracy, completeness or timeliness of such insurance information. Such insurance information is not intended to be advice, and you may not rely on such information. The terms and conditions of any insurance policies, your eligibility to purchase any such insurance policy, and any other similar terms and services shall be determined solely by the offering or selling insurance agent, broker, provider or company. You should request, from such insurance agent, broker, provider or company, and carefully review, any available written documentation in connection with any insurance or insurance policies. Loans Automotive.com is not a lender, bank or financial services provider. Any financial or loan information provided on this Site, including, without limitation, quotes, links, articles, glossaries and any other materials, is provided solely as a convenience to you. Without limiting any of the foregoing, Automotive.com makes no warranties, and expressly disclaims any warranties, express or implied, including, without limitation, any warranties regarding the accuracy, completeness or timeliness of such financial or loan information or whether or under what circumstances any loan may or may not be granted or approved. Such financial or loan information is not intended to be advice, and you may not rely on such information. The terms and conditions of any loans, your eligibility to borrow any funds, and any other similar terms and services shall be determined solely by the offering or lending agent or bank. You should request from such lender, and carefully review, any available written documentation in connection with any loans. General Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Automotive.com as a result of this agreement or use of this Site. Automotive.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Automotive.com's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Automotive.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Automotive.com with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Automotive.com with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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