Welcome to the Dealers Choice Auto Care ("Dealers
Choice Auto Care") Web site (the "Web site"). Please
review the following terms and conditions concerning
your use of the Web site. By accessing, using or
downloading any materials from the Web site, you agree
to follow and be bound by these terms and conditions
(the "Terms"). Dealers Choice Auto Care reserves the
right to change the Terms at any time and in its sole
discretion.
In case of any violation of the Terms, Dealers
Choice Auto Care reserves the right to seek all
remedies available to it in law and in equity. In
order to access and use any Dealers Choice Auto Care
product, you must agree to the terms of The Dealers
Choice Auto Care Software License and Services
Agreement.
OWNERSHIP
You acknowledge that all materials provided on this
Web site, including but not limited to information,
documents, products, logos, graphics, sounds, images,
software, videos and services ("Materials"), are
provided either by Dealers Choice Auto Care or by
their respective third party authors, developers and
vendors ("Third Party Providers") and the underlying
intellectual property rights are owned by Dealers
Choice Auto Care and/or its Third Party Providers.
Elements of the Web site are protected by trade dress
and other laws and may not be copied or imitated in
whole or in part. Dealers Choice Auto Care logos
referenced herein are trademarks of Dealers Choice
Auto Care, and may be registered in certain
jurisdictions. All other product names, company names,
marks, logos, and symbols may be the trademarks of
their respective owners.
LIMITED LICENSE; RESTRICTIONS
Subject to the terms and conditions of this Agreement,
Dealers Choice Auto Care hereby grants you permission
to display, cache, and download Dealers Choice Auto
Care's Materials on this Web site provided that: (1)
you display the relevant ownership notices provided
with the Materials; (2) Except as provided in a
separately executed Dealers Choice Auto Care Software
License and Services Agreement between you and Dealers
Choice Auto Care, the use of such Materials is solely
for your personal, non-commercial and informational
use and will not be used for commercial gain; and (3)
the Materials are not modified in any way. This
permission terminates automatically without notice if
you breach any of these terms or conditions.
Except as stated herein, none of the Materials may
be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any
form or by any means, including but not limited to
electronic, mechanical, photocopying, recording, or
other means, without the prior express written
permission of Dealers Choice Auto Care or the Third
Party Provider. Also, you may not "mirror" any
Materials contained on this Web site on any other
server without Dealers Choice Auto Care's prior
express written permission.
Except where expressly provided otherwise by Dealers
Choice Auto Care, nothing on this Web site shall be
construed to confer any license under any of Dealers
Choice Auto Care's or any Third Party Provider's
intellectual property rights, whether by estoppel,
implication, or otherwise. You acknowledge sole
responsibility for obtaining any such licenses.
Materials provided by Third Party Providers have not
been independently reviewed, tested, certified, or
authenticated in whole or in part by Dealers Choice
Auto Care. Dealers Choice Auto Care does not provide,
sell, license, or lease any of the Materials other
than those specifically identified as being provided
by Dealers Choice Auto Care.
Any unauthorized use of any Materials contained on
this Web site may violate copyright laws, trademark
laws, the laws of privacy and publicity, and
communications regulations and statutes.
TERMINATION OF SERVICES/ WEB SITE
Dealers Choice Auto Care may modify or discontinue its
Web site or the Materials provided here at any time,
with or without notice to you. Dealers Choice Auto
Care will not be liable to you or any third party as a
result of such modification or discontinuation.
Dealers Choice Auto Care reserves the right, in its
sole discretion and at any time, to terminate your
access to the Web site and/or any of its services
without liability to you or any third-party. In
addition, access to the Web site may be monitored by
Dealers Choice Auto Care. Upon termination of these
Terms, you will immediately destroy any downloaded or
printed Materials.
LINKS TO THIRD PARTY SITES
This Web site may contain links to Web sites
controlled by parties other than Dealers Choice Auto
Care. Dealers Choice Auto Care is not responsible for
and does not endorse or accept any responsibility for
the contents or use of these third party Web sites.
Dealers Choice Auto Care is providing these links to
you only as a convenience, and the inclusion of any
link does not imply endorsement by Dealers Choice Auto
Care of the linked Web site. You should refer to the
policies posted by other Web sites regarding privacy
and other topics before you use them. It is your
responsibility to take precautions to ensure that
whatever you select for your use is free of viruses or
other items of a destructive nature.
SUBMISSIONS
Except where expressly provided otherwise by Dealers
Choice Auto Care, all comments, feedback, information
or materials submitted to Dealers Choice Auto Care
through or in association with this Web site
("Submissions") shall be considered non-confidential
and Dealers Choice Auto Care's property. By providing
such Submissions to Dealers Choice Auto Care, you
agree to assign to Dealers Choice Auto Care, at no
charge, all worldwide rights, title and interest in
copyrights and other intellectual property rights to
the Submissions. Dealers Choice Auto Care shall be
free to use and/or disseminate such Submissions on an
unrestricted basis for any purpose. You acknowledge
that you are responsible for the Submissions that you
provide, and that you, not Dealers Choice Auto Care,
have full responsibility for the Submissions,
including their legality, reliability,
appropriateness, originality and copyright.
DISCLAIMER
THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS",
ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND
Dealers Choice Auto Care HEREBY DISCLAIMS ALL EXPRESS
OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES,
AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Dealers
Choice Auto Care MAKES NO REPRESENTATIONS, WARRANTIES,
GUARANTIES, OR CONDITIONS AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY
OF THE MATERIALS CONTAINED ON THE WEB SITE OR ANY
OTHER WEB SITE REFERENCED BY THIS WEB SITE.
LIMITATION OF LIABILITY
IF YOU ARE NOT SATISFIED WITH OUR WEB SITE, YOUR SOLE
REMEDY IS TO DISCONTINUE YOUR USE OF THE WEB SITE.
Dealers Choice Auto Care SHALL NOT BE LIABLE FOR ANY
DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING,
CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING
THE MATERIALS, OR USE OR INABILITY TO USE THE WEB
SITE. IN NO EVENT SHALL Dealers Choice Auto Care BE
LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT
LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE,
DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM
THIS WEB SITE, EVEN IF Dealers Choice Auto Care HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE
PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN
CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A
CLAIM AGAINST Dealers Choice Auto Care FOR LOST DATA,
RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST
PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU
AGREE TO HOLD Dealers Choice Auto Care HARMLESS FROM,
AND YOU COVENANT NOT TO SUE Dealers Choice Auto Care
FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE
WEB SITE. THE EFFECTIVENESS OF THESE LIMITATIONS IS AN
EXPRESS PRECONDITION TO YOUR USE OF THIS WEB SITE.
INDEMNIFICATION
In exchange for accepting the benefits you receive by
accessing this Web site, you agree to defend,
indemnify, and hold harmless Dealers Choice Auto Care,
its officers, directors, employees, agents, and
partners, from and against any claims, actions, or
demands, including without limitation reasonable legal
and accounting fees, made by any third party due to or
resulting from your use of the Web site, your
violation of these Terms, or your violation of any
laws, regulations, or third-party rights.
Dealers Choice Auto Care PRIVACY POLICY
Dealers Choice Auto Care is concerned about your
privacy and has developed a policy to address those
concerns. You can find the current privacy policy by
clicking on 'Privacy Statement' at the bottom of each
page of the Web site or by visiting
http://www.dealershoiceautocare.com/privacypolicy.html
GENERAL
These Terms will be governed by and construed in
accordance with the laws of the State of Maryland
excluding that body of law governing conflict of laws.
Any legal action or proceeding relating to or arising
out of these Terms or your use of the Web site will be
brought in a federal or state court in Maryland and
you submit to the venue and personal jurisdiction of
such court. If any provision of these Terms is held to
be invalid or unenforceable, such provision will be
enforced to the greatest extent possible and the
remaining provisions will remain in full force and
effect. Headings are for reference purposes only and
in no way define, limit, construe, or describe the
scope or extent of such section. Our failure to act
with respect to a breach by you or others does not
waive our right to act with respect to subsequent or
similar breaches. Except for other agreements or terms
appearing on the Web site, these Terms set forth the
entire understanding and agreement between us with
respect to the subject matter hereof.
ADDITIONAL INFORMATION
Any questions relating to this Web site may be
directed to
info@dealerschoiceautocare.com. Questions about
the Dealers Choice Auto Care Web site Terms of Use may
be directed to
info@dealerschoiceautocare.com.
Copyright Notice. The documents and information on
this Site are copyrighted materials of Dealers Choice
Auto Care and its information providers. Reproduction
or storage of materials retrieved from this Site is
subject to the U.S. Copyright Act of 1976, Title 17
U.S.C. except as expressly provided herein. Dealers
Choice Auto Care and its information providers do not
grant any express or implied right under any patents,
copyrights, trademarks, or trade secret information.
Copyright @ 2007 Dealers Choice Auto Care. All rights
reserved.