Site Terms for Using Site
USING THIS SITE. BY VISITING OR USING THIS SITE, OR ANY PAGE OF THIS SITE, YOU
CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND myCarStats.com. IF YOU DO NOT
MYCARSTATS.COM RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR REVISE THESE
CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
1. General. This site is owned
and operated by myCarStats.com. ("myCarStats"). myCarStats�
has the right at any
time to change or discontinue any aspect or feature of the site, including,
without limitation, the content, hours of availability, and equipment needed for
access or use of the myCarStats.com Web site (the "Site").
myCarStats also suggests that you review
myCarStats Privacy Statement, which applies to the information collected by
myCarStats during your visit and use of the Site, to get a better understanding
of myCarStats policies and procedures regarding the collection and use of
Many if not most communications between
myCarStats and you will be sent and received electronically. You agree that all
agreements, notices, disclosures and other communications exchanged between you
and myCarStats electronically shall satisfy any legal requirements that such
communications be in writing.
2. Restrictions on Use. The
Site contains copyrighted material, trademarks, and other proprietary
information, including, without limitation, text, software, photos, graphics
(the "Content"). The Content of the Site, as well as the organization, layout,
arrangement and design elements of the Site and each individual page of the
Site, are the property of myCarStats and its affiliates and are protected by
United States and international copyright, trademark and other applicable
intellectual property laws. You may not modify, publish, transmit, display,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the Content, in whole or in part. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be permitted
without the express written permission of myCarStats or the copyright owner. In
the event of any permitted copying, redistribution, or publication of
copyrighted material, no changes in or deletion of author attribution, trademark
legend, or copyright notice shall be made. You acknowledge that you do not
acquire any ownership rights by downloading or printing the copyrighted
material, or by using the Site.
myCarStats offers you access to the Site and to
the Content available on the Site solely for your own personal and
non-commercial use. You may not resell or make any commercial use of the Site or
the Content. You may not make use of any product listings, descriptions, or
prices. You may not download or copy any account information for the benefit of
any other merchant. You may not make use of any robots, spiders, or similar data
mining, data gathering or extraction tools or manual processes to collect,
gather or copy any of the Content in an unauthorized manner. You may not engage
in the practices of "screen scraping," "database scraping," or any other
practice or activity the purpose of which is to obtain lists of users, portions
of a database, or other lists or information from this Site, in any manner or in
any quantities not authorized by myCarStats. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of myCarStats or its
affiliates without prior express written consent. You may not use meta tags or
any other "hidden text" utilizing myCarStats name or trademarks without the
express written consent of myCarStats.
Systematic retrieval of the Content or other
data from this Site to create or compile, directly or indirectly, in whole or in
part, a collection, compilation, database or directory without the express
written permission of myCarStats is strictly prohibited.
You may not use the Site in any manner that
could damage, disable, overburden, or impair the Site or interfere with any
other person's use and enjoyment of the Site.
The foregoing provisions of Section 2 are for
the benefit of myCarStats, its subsidiaries, affiliates, and its third party
content providers and licensors, if any, and each shall have the right to assert
and enforce such provisions directly or on its own behalf.
Illegal and/or unauthorized uses of this Site,
including, but not limited to, unauthorized framing of or linking to the Site,
or unauthorized use of any robot, spider, or other automated device on the Site,
or any manual process to monitor or copy any portion of the Content, will be
investigated and appropriate legal action will be taken, including without
limitation, civil and criminal proceedings, and proceedings for restraining
orders and injunctions.
3. Disclaimer of Warranty; Limitation
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER
myCarStats, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE AUTOMOBILES ABOUT
WHICH INFORMATION IS POSTED ON THIS SITE. THIS DISCLAIMER OF LIABILITY APPLIES
TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OR, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT myCarStats IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL myCarStats, OR ANY
PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR
THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS
OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE
SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL myCarStats TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS
OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR OBTAINING ANY
REPORTS OR OTHER INFORMATION FROM THIS WEB SITE.
4. Indemnification. You agree
to defend, indemnify, and hold harmless myCarStats and its affiliates and their
respective directors, officers, employees, and agents from and against any and
all claims, actions, demands, damages, costs, liabilities, losses, and expenses
(including reasonable attorneys' fees) arising out of your use of the Site or
any information you obtain from the Site or its reports.
5. Trademarks and Patents. All
trademarks and service marks of myCarStats and its subsidiaries or affiliates
displayed on the Site are subject to state, federal, and/or international
trademark protection. All rights reserved. Unless expressly authorized by
myCarStats, you may not use its trademarks or service marks with any product or
service that is not provided by myCarStats, or in any manner that is likely to
cause confusion among customers, or that might disparage or discredit myCarStats.
All other trademarks appearing on the Site are the property of their respective
owners, including third-party providers of products and services with links to
and from the Site.
6. Third Party Content. Any
information or content expressed or made available by third parties, including
information providers and users, are those of the respective author(s) or
distributor(s) and not of myCarStats.
The Site contains links to third party web
sites with which myCarStats has linking arrangement but for which it does not
maintain control or assume responsibility. The inclusion of such a link does not
necessarily imply endorsement of such sites by myCarStats or any association
with the operators of such linked sites. Any concerns regarding any such third
party service or resource, or any link thereto, should be directed to the
particular service or resource. In addition, myCarStats recommends that you
assumes no responsibility, and shall not be liable for, any damages to, or
viruses that may infect, your computer equipment or other property on account of
your access to use of, or browsing in the Site or your downloading of any
materials, data, text, images, video, or audio from the Site.
8. Export Control. Software
and other materials from this Site may also be subject to United States Export
Control. The United States Export Control laws prohibit the export of certain
technical data and software to certain territories. No software from this Site
may be downloaded or exported (1) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United
States has embargoed goods; or (2) anyone on the Unites States Treasury
Department's list of Specially Designated Nationals or the US Commerce
Department's Table of Deny Orders. myCarStats does not authorized the
downloading or exportation of any software or technical data from this Site to
any jurisdiction prohibited by the United States Export Laws.
9. Business Associates. The
business associates of myCarStats identified on the Site, if any, are
independent contractors of myCarStats. The business associates are not joint
ventures or partners of myCarStats. No employee or representative of the
business associates is under the control of myCarStats.
10. Changed Terms.
myCarStats has the right at any time to change or modify the terms and conditions
applicable to use of the Site, or any part thereof, or to impose new conditions,
including, without limitation, adding fees and charges for use. Such changes,
modifications, additions, or deletions shall be effective immediately upon
notice thereof, which may be given by any means including, without limitation,
posting on the Site, or by electronic or conventional mail, or by any other
means. Any use of the Site by you after such notice shall be deemed to
constitute acceptance of such changes, modifications, additions, or deletions.
11. Miscellaneous. These Terms
of Use constitute the entire agreement of the parties with respect to the
subject matter hereof and supersede all previous written or oral agreements
shall be construed in accordance with the laws of Arizona, without regard to its
conflict of laws rules, including but not limited to, the Uniform Computer
Information Transactions Act ("UCITA"). You hereby consent to the personal
jurisdiction of any state or Federal court of Arizona, acknowledge that venue is
brought in a state or Federal court in Arizona, waive any objection that may
exist, now or in the future, with respect to any of the foregoing. No waiver by
either party of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any legal import.
BY VISITING OR USING THIS SITE, OR ANY
ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND