User Terms and Conditions

Your use of this website is subject to the following Terms and Conditions (the “Terms”) of Autovendor Inc. (the “Company”). Your use of this website constitutes your acceptance of these Terms, and your agreement to be bound by them. If you (the “User”) do not agree, you are not authorized to, and should not, use this website. Please carefully review these Terms and this website's Privacy Policy. These Terms may change at any time without notice.

1. Description of Services. Through this website, Company provides information and resources for automobile dealerships to find vendors for diverse services provided to automobile dealerships in the United States, along with various related services for Users and vendors (collectively, the “Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including but not limited to the release of new software, features or websites, shall be covered under the term “Services” and shall be subject to these Terms.

2. User’s Age. Users under the age of eighteen (18) must have their parent’s or legal guardian’s consent to use this website, and such parent or guardian is deemed to have agreed to these Terms.

3. User Conduct.

(a) User agrees to abide by all applicable local, state, national and international laws and regulations in User’s use of the Services, and to not interfere with the use and enjoyment of the Services by other Users. User agrees to be solely responsible for the contents of the User’s private and public communications posted, emailed, or otherwise transmitted through the Services.

(b) User agrees (i) not to use the Services for illegal purposes; (ii) not to interfere with or disrupt the Services or servers or networks connected to the services; (iii) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services; and (iv) not to resell the Services or use of or access to the Services.

(c) User agrees not to post, email or otherwise transmit through the Services (i) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent or otherwise objectionable material of any kind; (ii) any material that violates the rights of another, including but not limited to the intellectual property rights of another; (iii) any material that violates any applicable local, state, national or international law or regulation; or (iv) unsolicited or unauthorized advertisements, promotional materials, “junk mail”, “SPAM”, “chain letters,” or other forms of solicitation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. User agrees and acknowledges that Company may ban User from future use of the Services, even if User attempts to use the Services through another partner or under a different name. Furthermore, User agrees and acknowledges that Company may recover damages from User if User abuses these terms.

4. Indemnity. User agrees to indemnify, defend, and hold harmless Company and its third party service providers, and their parents, subsidiaries, affiliates, officers and employees, from and against any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of User’s use of the Services, User’s connection to the Services, User’s violation of these Terms, or User’s violation of any rights of another.

5. No Resale of Service. User agrees not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

6. Storage of Communications. Company assumes no responsibility for the deletion or failure to store email messages, communications or other content maintained or transmitted through the Services.

7. Termination. User agrees that Company may terminate User’s use of the Services if Company believes that (a) User has violated or acted inconsistently with the letter or spirit of these Terms; or (b) User has violated the rights of Company or other Users or parties. User acknowledges and agrees that any termination of Services under any provision of this Agreement may be effected without prior notice.

8. Modifications to Services. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. User agrees that Company shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Services.

9. Dealings with Advertisers and Vendors. User’s correspondence or business dealings with, or participation in promotions of, vendors or advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between User and the vendor or advertiser. User agrees that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such vendors or advertisers on the Services.

10. Proprietary Rights. User acknowledges and agrees that content, including but not limited to text, logos, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Services or by vendors or advertisers in connection therewith, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Company, vendors, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express prior written authorization.

11. Links. The Services may provide links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, User acknowledges and agrees that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User further acknowledges and agrees that Company shall not be responsible or liable, directly or indirectly, for any damage or loss cause or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

12. Disclaimer of Warranties.

(a) USER EXPRESSLY AGRESS THAT USE OF THE SERVICES IS AT MEMBER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

(b) COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(c) COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET USER’S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USER OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

(e) COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

13. Limitation of Liability.

(a) USER AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTS FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FROM COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUH OR FROM THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) USER FUTHER AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

14. Notices. Notices to User may be made via either email or regular mail. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to User generally on the Services.

15. General Information. These Terms constitute the entire agreement between User and Company and govern User’s use of the Services, superseding any prior agreements between User and Company. User may also be subject to additional terms and conditions that may apply when User uses affiliate services, third-party content or third-party software. These Terms and the relationship between User and Company shall be governed by the laws of the State of California without regard to its conflict of law provisions. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.