Vendor Terms and Conditions

PLEASE READ THESE VENDOR TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING ON AutoVendor.com®.

 By using this website and registering hereunder, Vendor signifies its agreement to these Vendor Terms and Conditions:

1. AutoVendor.com®’s listings and other services for Vendors (the “Services”) are available to bona fide B to B vendors for automobile dealerships. AutoVendor.com® is not responsible for any content, goods, and services offered by the Vendor, whether through AutoVendor.com® or otherwise.

2. AutoVendor.com® reserves the right to remove any listing or to terminate the Services to Vendor at any time in its sole discretion, provided that solely in those cases where Vendor is not in default of the Vendor Terms and Conditions or other obligations applicable to Vendor, AutoVendor.com® shall refund on a pro rata basis any fees that may have been paid to AutoVendor.com® by Vendor.

3. Vendor agrees that content and information contained in the AutoVendor.com® Services is protected by proprietary rights and laws. Vendor shall not copy, reproduce, and/or distribute any content and/or information without express written authorization by AutoVendor.com®. Vendor agrees to use the AutoVendor.com® Services in an ethical and professional manner to promote its products and services.

4. If any information provided by Vendor is untrue, misleading, inaccurate or in any other way offensive, AutoVendor.com® reserves the right to terminate the Services to Vendor.

5. Vendor agrees that it is solely responsible for all content on its website and in its promotional materials. Vendor agrees that it is solely Vendor’s responsibility to comply with advertising rules and other laws applicable to Vendor. Vendor agrees to indemnify and hold harmless AutoVendor.com® and its officers, employees, and affiliated entities from any loss, claim, liability, and/or monetary damages (including reasonable attorney's fees) arising from the use of this website and/or the Services.

6. AutoVendor.com® reserves the right to deny service to anyone for any or no reason.

7. Vendor agrees to pay the charges for the Services as established and published by AutoVendor.com®. The renewal charge will be the current published rates, as modified by AutoVendor.com® from time to time in its discretion.  If AutoVendor.com® cannot charge Vendor’s account, it reserves the right to terminate Vendor’s access to the Services. If Vendor cancels the Services, AutoVendor.com® will not refund any fees already paid by Vendor.  If Vendor believes AutoVendor.com® has billed Vendor incorrectly, Vendor must contact AutoVendor.com® no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to be eligible to receive an adjustment or credit.

8. To the extent that this website contains links to outside services and resources, AutoVendor.com® does not control the availability and content of those outside services and resources.  Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

9. DISCLAIMER OF WARRANTIES. VENDOR EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT VENDOR'S SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH NO REPRESENTATION OR WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, ALL OF WHICH OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, AutoVendor.com® PROVIDES NO WARRANTY WITH RESPECT TO ITS ABILITY TO MEET VENDOR'S REQUIREMENTS OR BE AVAILABLE UNINTERRUPTED OR ERROR FREE; WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES; OR WITH RESPECT TO ANY TRANSACTIONS ENTERED INTO BY VENDOR IN CONNECTION WITH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY AutoVendor.com® TO VENDOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

10. LIMITATION OF LIABILITY. VENDOR AGREES THAT, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE HEREUNDER, AutoVendor.com® SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES; FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES; FROM ANY LOSS OF DATA OR BUSINESS RESULTING FROM SYSTEM OR NETWORK BREAKDOWN OR OUTAGE OR ANY OTHER REASON; FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR RESULTING FROM ANY TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, EVEN IF AutoVendor.com® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. This agreement shall be governed by and construed in accordance with the laws of the state of California.

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