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VISITOR AGREEMENT.
The MotorCars.com website is offered to the visitor conditioned on
the visitor's acceptance without modification of the terms,
conditions, and notices contained herein. By accessing and using the
MotorCars.com website, the visitor is deemed to have agreed to all
such terms, conditions, and notices.
COPYRIGHT NOTICE.
All contents of the MotorCars.com website are Copyright © 2002. All
rights not expressly granted herein are reserved to MotorCars.com.
TRADEMARKS. MotorCars.com(tm) is a trademark. Other product and
company names mentioned herein may be the trademarks of their
respective owners.
RESTRICTIONS ON USE.
All materials published on MotorCars.com, including, but not limited
to product descriptions, photographs, images, illustrations, pricing
information, reviews and video clips, ("Information") are protected
by copyright, and owned or controlled by MotorCars.com or its
third-party providers; The Cobalt Group, Inc. and Dealer
Specialties, Inc. Permission to use the Information available from
the MotorCars.com website is granted, provided that (1) the above
copyright notice appears in all copies and that both the copyright
notice and this permission notice appear, (2) use of Information
available from the MotorCars.com website is for informational and
non-commercial or personal use only, and (3) no Information
available from the MotorCars.com website is modified in any way.
Except for these specified uses, no part of the Information
available from the MotorCars.com website may be copied, photocopied,
reproduced, republished, licensed, distributed, performed,
displayed, uploaded, posted, translated, in any way exploited, used
to create derivative works, or reduced to any electronic medium or
machine-readable form, in whole or in part, without the prior
written consent of MotorCars.com or its third-party providers.
Any distribution for commercial purposes is strictly prohibited.
SOFTWARE LICENSES.
Visitor shall have no rights to the proprietary software and related
documentation, or any enhancements or modifications thereto,
provided to visitor to access the Information and services provided
on MotorCars.com ("Access Software"). Visitor may not sublicense,
assign or transfer any licenses granted by MotorCars.com and any
attempt at such sublicense, assignment or transfer is void. Visitor
may copy such software for archival purposes only. Visitor may not
copy, distribute, modify, reverse engineer, or create derivative
works from Access Software.
DISCLAIMER.
MotorCars.com AND ITS PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE SERVICES OR INFORMATION CONTAINED ON THIS WEBSITE
FOR ANY PURPOSE. ALL SUCH SERVICES AND INFORMATION ARE PROVIDED "AS
IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED. MotorCars.com HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD
TO THE SERVICES AND INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY
AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE
LAWS APPLICABLE TO THIS AGREEMENT. MotorCars.com DOES NOT WARRANT
THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT
MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY.
Under no circumstances shall MotorCars.com or its third-party
providers be liable for any direct, indirect, incidental, punitive,
special or consequential damages (including without limitation,
attorneys' fees), whether in an action of contract, negligence or
other tortuous action, that result from the use of, or the inability
to use, Information available on the MotorCars.com website. If
visitors are dissatisfied with any MotorCars.com Information or
other materials, or with any of the terms and conditions contained
in the MotorCars.com website, the sole and exclusive remedy is to
discontinue using MotorCars.com. If MotorCars.com or any of its
third-party providers are found liable in connection with a claim
arising out of or related to the services or the Information, their
aggregate liability in such an event shall not exceed the amount of
the fees paid by you for use of the service during the month in
which the event giving rise to the liability occurred. Your right to
monetary damages in such amount shall be in lieu of all other
remedies to which you may otherwise be entitled from MotorCars.com
or its third-party providers. Because some states/jurisdictions do
not allow the exclusion or limitation of liability for consequential
or incidental damages, the above limitation may not apply.
ACCURACY OF INFORMATION.
The MSRP and invoice prices provided in the MotorCars.com website
are believed to be accurate, but MotorCars.com and its third-party
providers do not warrant or guarantee such accuracy. Furthermore,
MotorCars.com does not represent or endorse the accuracy or
reliability of any of the Information displayed, uploaded, or
distributed through the MotorCars.com website. Visitors acknowledge
that any reliance upon any such Information shall be at their sole
risk. MotorCars.com reserves the right, in its sole discretion, to
correct any error or omissions in any portion of the MotorCars.com
website. The Information published on the MotorCars.com website
could include technical inaccuracies or typographical errors.
Changes are periodically added to the Information herein.
MotorCars.com may make improvements and/or changes in the
Information and/or the services described herein at any time.
All vehicles are subject to prior sales.
LINKS TO THIRD PARTY SITES.
The MotorCars.com website may contain hyperlinks to websites
operated by parties other than MotorCars.com. Such hyperlinks are
provided for your reference only. MotorCars.com does not control
such websites, and is not responsible for their contents or
accessibility.
MODIFICATION OF THESE TERMS AND CONDITIONS.
MotorCars.com reserves the right to change this agreement at any
time by revising the terms and conditions herein. Visitors are
responsible for regularly reviewing these terms and conditions.
Continued use of the MotorCars.com website following any such
changes shall constitute the visitor's acceptance of such changes.
GENERAL.
This agreement is governed by the laws of the State of Florida,
U.S.A. Visitor consents to the exclusive jurisdiction and venue of
courts in Broward County, Florida, U.S.A. in all disputes arising
out of or relating to the use of the MotorCars.com website. Use of
the MotorCars.com website is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph.
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
the Agreement shall continue in effect.
This agreement constitutes the entire agreement between the visitor
and MotorCars.com with respect to the MotorCars.com website and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the visitor
and MotorCars.com with respect to the MotorCars.com website. A
printed version of this agreement and of any notice given in
electronic form will 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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