TERMS OF WEBSITE USE

AutoMarket Services LLC ("AutoMarket") provides the website located at www.automarketco.com and its associated webpages, the mobile and touch versions, and any other mobile applications or sites we have now or in the future that reference these Terms of Use (collectively, the “Site”) and the resources, services, information, communications, and publications available through the Site, including: (i) services advertised through the Site (the “Services”), and (ii) web pages, data, messages, notifications, text, images, photographs, graphics, audio and video materials, articles, press releases, white papers, and product data sheets (“Materials”). The AutoMarket Services, Materials, and other information, material, content, and services are collectively referred to as “Content.”

 

The following are terms of a legal agreement between you (“you” or “your”) and AutoMarket and its affiliated companies (“we”, “us” or “our”). By accessing or using the Site or the Content, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content (“Terms of Use”) and our Privacy Policy. If you do not agree with any part of these Terms, you must not use this Site.

 

We urge you to read these Terms of Use carefully and to check back periodically as these Terms of Use may change from time to time and AutoMarket may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective when posted.

 

Age Requirements

No one under the age of 18 may use the Site or Services. By using or attempting to use the Site and Services, you represent that you meet the age requirements and that you are able to enter into legally binding contracts, including these Terms of Use.

Terms Applicable To Specific Content And Areas Of The Sit

Access to and use of the Services may be subject to terms and conditions set forth in a separate agreement (“Services Agreement”) between AutoMarket and the company or other entity purchasing such Services (a “Client”) in addition to these Terms of Use. A Client may authorize certain of its employees and other personnel (“Authorized Users”) to use the Services covered by the Services Agreement (“Subscribed Services”) solely to the extent set forth in the applicable Services Agreement. In addition to each Authorized User’s personal obligation to comply with these Terms of Use, the Client is responsible under the Services Agreement for strict compliance by all of its Authorized Users.

If there is a conflict or inconsistency between these Terms of Use or the Privacy Policy and any Services Agreement, the Services Agreement will have precedence with respect to your access and use of that area of the Site or applicable Content.

 

Use of the Site

The AutoMarket Site is provided solely for informational purposes. It offers an overview of AutoMarket's services and provides a means for potential clients to contact AutoMarket to inquire about hiring its services or learning more about what AutoMarket offers. The Site is not for commercial transactions, and no services can be purchased directly through the Site.

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Access to this Site

To access the Site or Content, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and Content that all the information you provide to AutoMarket will be correct, current, and complete. If AutoMarket believes the information you provide is not correct, current, or complete, AutoMarket has the right, in its sole discretion, to refuse you access to this Site or any Content, and to terminate or suspend your access at any time.

 

Intellectual Property
All Content on this Site, including but not limited to text, graphics, logos, images, and software, is the property of AutoMarket or its content suppliers and protected by copyright and other intellectual property laws. You may not use any content from this Site without the express written permission of AutoMarket.

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Third Party Sites

The Site and the Content may contain links to other sites that are not maintained by, or related to, AutoMarket. Links to such sites are provided as a service to you and are not sponsored by or affiliated with the Site, Content or AutoMarket. AutoMarket has not necessarily reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at your own risk, and AutoMarket makes no representations or warranties about the content, completeness, or accuracy of these links or the sites linked to the Site or any Content. Further, the inclusion of any link to a third-party site does not necessarily imply endorsement by AutoMarket of that site.

Content Disclaimer
AutoMarket provides a blog and other Content on this Site for general informational purposes only. While we strive to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Site or the information contained on the Site for any purpose. Any reliance you place on such information is strictly at your own risk.

 

Submissions

You hereby grant to AutoMarket the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to AutoMarket through this Site or any Content (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. AutoMarket will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for services, products, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future AutoMarket operations.

 

User Information

In providing the Content, subject to the terms of any applicable Services Agreement, AutoMarket shall conform to its Privacy Policy posted on the Site, as such Privacy Policy may be amended by AutoMarket from time to time, with respect to data and information that you transmit or submit to AutoMarket (“User Information”).

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Subject to the Privacy Policy and any applicable Services Agreement, you hereby expressly consent to collection, use, reproduction, hosting, transmission, and disclosure of any User Information by AutoMarket and its affiliates, and its and their employees, contractors, joint venturers, consultants, business associates, service providers, suppliers, and other agents as AutoMarket deems reasonably necessary or expedient for the purpose of providing the Content.

 

Subject to the Privacy Policy and any applicable Services Agreement, you hereby consent to receive emails, push notifications, and other communications from AutoMarket. You acknowledge and agree that notices posted on the Site or sent to you by email satisfy any legal requirement that notices be in writing.

Prohibited Uses
You agree not to use the Site:
a. In any way that violates any applicable national or international law or regulation.
b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
c. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
d. In any manner that could disable, overburden, damage, or impair the site.
e. To engage in any other conduct that restricts or inhibits anyone's use of the Site.
f. To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or any server, computer, or database connected to the Site.

No Unlawful or Prohibited Use
As a condition of your use of this Site, you warrant to AutoMarket that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

Use License

Subject to your compliance with these Terms, AutoMarket grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

User Contributions

The Site may contain message boards, chat rooms, personal web pages, forums, and other interactive features that allow users to post, submit, publish, display, or transmit content. Any user contribution you post must comply with all applicable federal, state, local, and international laws and regulations.

Disclaimer

You understand that AutoMarket cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site and Content for the reconstruction of any lost data. AutoMarket does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by AutoMarket. You should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of your own professional judgment. Information obtained by using the Site or Content is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

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YOUR USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. AUTOMARKET HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. AUTOMARKET DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE OR ANY OTHER CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUTOMARKET DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, COMPLETENESS, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AUTOMARKET MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT AUTOMARKET, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ANY CONTENT. AUTOMARKET MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

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All of the information in the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and AutoMarket does not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer, accurate or complete.

Limitation on Liability

AUTOMARKET, ITS AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF AUTOMARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF AUTOMARKET, ITS AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN LIABILITIES. ONLY TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY, AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

 

Indemnity

You will indemnify, defend, and hold AutoMarket, its affiliates, and its and their licensors, content providers, service providers, employees, agents, officers, directors, contractors, successors, and assigns (collectively, the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify, defend, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Site, Content, or any other information accessed from this Site.

 

Termination of Access

We may, in our sole and absolute discretion and without notice or liability to you or any third party, immediately suspend, limit your access to and/or terminate your access to the Site, Services and/or your account for any reason or for no reason, including without limitation: (a) if we believe in our sole discretion that you have violated these Terms or Use or any applicable laws or regulations; (b) at the request of law enforcement, government agencies, or courts; (c) if you ask us to close your account; (d) if we discontinue or materially modify the Site or Services (or any part thereof); (e) if unexpected technical or security issues or problems arise; (f) if we believe in our sole discretion that your use or access to the Site, Services or your account may create risk (including but not limited to legal risk) for us, our affiliates, contractual partners, or users; and/or (g) following extended periods of inactivity on your account (six (6) months or longer). Termination of your access to the Site, Services and/or your account may include in our sole discretion, but is not limited to: (x) removal of access to some or all offerings on the Site and Services; (y) the deletion of some or all of your account information and/or other content associated with your use of the Site, Services and/or your account (or any part thereof) from the Site, our servers and/or directories; and/or (z) banning you from using the Site and Services by any available means, including without limitation by blocking your IP address.

Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your access to or use of the Site, Services and/or your account, shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions set forth below.

Governing Law & Disputes

These Terms of Use will be governed and interpreted pursuant to the laws of State of Utah, USA, without regard to its conflicts of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any implementation of the Uniform Computer Information Transactions Act in any jurisdiction shall apply to these Terms of Use. Except that AutoMarket may seek equitable or similar relief from any court of competent jurisdiction, any dispute, controversy, or claim arising out of or in relation to these Terms of Use that cannot be settled amicably by agreement of the parties hereto shall be finally settled by binding arbitration before ADR Systems of America in Salt Lake County, Utah and in accordance with the Arbitration Rules of ADR Systems of America, and judgment upon the award rendered by the arbitrator may be entered in any court or tribunal having jurisdiction thereof. Either party may commence the arbitration process called for in these Terms of Use by filing a written demand for arbitration with ADR Systems of America. The arbitration will be conducted in accordance with the ADR Systems of America Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will mutually agree on and select one arbitrator from ADR Systems of America’s panel of neutrals.

 

No Class Actions

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

 

Miscellaneous

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any applicable Services Agreement will govern the Content to which it pertains and will have precedence over these Terms of Use with respect to such Content. AutoMarket may revise these Terms of Use at any time by updating this posting.

 

Questions

Please contact us with any questions regarding the Site, Services or these Terms of Use at support@automarketco.com. Any feedback or questions that you provide shall be deemed to be non-confidential, and we shall be free to use such information in accordance with our Privacy Policy.

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Last Updated: April 6th, 2023