 |
Introduction
This page sets out the terms and conditions ("Terms and Conditions") which will
govern your use of the Site and compliance with these rules is a condition to
your use of the Site. We reserve the right to modify these Terms and
Conditions. Accordingly, please review this page often. Automotive
Professionals, Inc. will give notice of changes to the Terms and
Conditions by posting the revised Terms and Conditions on this Site, together
with the date the Terms and Conditions were last updated. Modifications will be
effective immediately upon posting. Your continued use of this Site indicates
your agreement to be bound by the modified Terms and Conditions. If you
do not agree to be bound by the Terms and Conditions, promptly exit this Site.
Section A - User
Information
By using this Site, (1) you represent and agree that you are bound by these
Terms and Conditions; and (2) you have read Automotive Professionals, Inc.'s
Privacy Policy (see below) and consent to the use of your personal
information by Automotive Professionals, Inc. and others in accordance with the
terms of and for the purposes set forth in Automotive Professionals, Inc.'s
Privacy Policy.
Section B - Ownership And
Copyright
All pages within this Site and any material made available for download are the
property of Automotive Professionals, Inc, its subsidiaries, affiliates, vendor
and/or licensors. The Site is protected by United States and international
copyright and trademark laws. The contents of the Site, including
without limitation the text, images, audio, and video, and any materials
accessed through or made available for use or download through this site are
copyrighted and may not be copied, distributed, modified, reproduced, published
or used, in whole or in part, without the prior written consent of Automotive
Professionals, Inc., except that you may download content from the Site to any
single computer for your personal use only, provided you keep intact all
copyright, trademark, and other proprietary notices and comply with any
applicable end user license agreements. No part of any content, form or
document may be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for your personal use
(but not for resale or redistribution).
For purposes of these Terms and Conditions, any use of these materials on any
other Web site is prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The posting
of information or materials on the Site does not constitute a waiver of any
right in such information and materials. All software used on this Site is the
property of Automotive Professionals, Inc. or its software suppliers and
protected by United States and international copyright laws.
Section C - License;
Restrictions On Use
Automotive Professionals, Inc. hereby grants you a nonexclusive license to use
the Site solely for your personal use. This license does not include any resale
or commercial use of this Site or its contents; any collection and use of any
product listings, descriptions, or any prices; any derivative use of this Site
or its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or other data
gathering and extraction tools. You may not frame or utilize framing techniques
to use, surround or enclose any Automotive Professionals, Inc.' name,
trademarks, service marks, logo, or other proprietary information (including;
images, text, page layout, or form) of Automotive Professionals, Inc. and/or
our affiliates or subsidiaries without Automotive Professionals, Inc.' express
written consent. You may not use any meta tags or any other "hidden text"
utilizing Automotive Professionals, Inc.' name or trademarks without the
express written consent of Automotive Professionals, Inc..
As a condition of your use of this Web site, you warrant to Automotive
Professionals, Inc. that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms and Conditions. If you breach any of
these Terms and Conditions, your authorization to use this Site automatically
terminates and you must immediately destroy any downloaded or printed
materials. Any rights not expressly granted by these Terms and Conditions or
any applicable end user license agreements are reserved by Automotive
Professionals, Inc..
Section D - Trademark
Notice
PremierCare, PremierUltra, Premier Road Coverage, Premier Theft
Protection, Premier Powertrain, Intelli-Menu, Automotive
Professionals, Inc., and UniGate are trademarks, owned by Automotive
Professionals, Inc.. Automotive Professionals, Inc.' trademarks may not be used
in connection with any product or service that is not Automotive Professionals,
Inc.', in any manner that is likely to cause confusion among customers or in
any manner that disparages or discredits Automotive Professionals, Inc.. All
other trademarks and logos used in this Site are the trademarks, service marks
or logos of their respective owners. Automotive Professionals, Inc. does not
make any claims to the marks of others which might appear on the Site. You gain
no right to use any marks of Automotive Professionals, Inc. or any other entity
by virtue of your use of this Site.
Section E - Confidential And
Proprietary Information/Visitor
Submissions
Please refer to our Privacy Policy for an explanation of how we collect,
maintain and use confidential and proprietary information from visitors to and
users of our Site. By accessing, using or browsing this Site, you acknowledge
and understand that you have read, understand, and agree to be bound by our
Privacy Policy. If you do not agree with our Privacy Policy, do not use this
Site. All remarks, suggestions, ideas, graphics, or other information
communicated to Standard Networks through its Site (collectively, the
"Submission") will forever be the property of Automotive Professionals, Inc..
Automotive Professionals, Inc. will not be required to treat any Submission as
confidential, and will not be liable for any ideas for its business (including
without limitation, product or advertising ideas) and will not incur any
liability as a result of any similarities that may appear in future Automotive
Professionals, Inc. products or operations. Without limitation, Automotive
Professionals, Inc. will have exclusive ownership of all present and future
existing rights to the Submissions of every kind and nature, everywhere.
Automotive Professionals, Inc. will be entitled to use the Submission for any
commercial or other purpose whatsoever, without compensation to you or any
other person sending the Submission. You acknowledge that you are responsible
for whatever material you submit, and you, not Automotive Professionals, Inc.,
have full responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright. You agree not to try to
access and not to access any information through the Site which does not
pertain to you and which you are not properly authorized to receive. You agree
that if you should access information about another individual or entity, or
otherwise receive information you are not authorized to receive, or if you
become aware that someone else has accessed or attempted to access information
that person was not authorized to receive, you will immediately cease such
unauthorized access, notify Automotive Professionals, Inc. of the unauthorized
access, and assist Automotive Professionals, Inc. in identifying and correcting
the circumstances which permitted such unauthorized access. You will keep
confidential all information you receive concerning another individual or
entity confidential, shall not use such information, shall return such
information to Automotive Professionals, Inc. immediately, shall not transmit
it to any other person or entity and shall not return it in any electronic or
other form.
Section F -
Security
You may be required to enter a valid User I.D. and password ("Access Codes") to
access certain areas of the Site or to purchase products. It is your sole
responsibility to monitor and control use of these Access Codes for all
purposes. You accept all responsibility for the security of your Access Codes,
and utilization of the Site via the Access Codes. You agree that you shall be
solely liable for all authorized and unauthorized access using the Access
Codes. Do not disclose your Access Codes to anyone not authorized to act on
your behalf. Automotive Professionals, Inc. cannot and will not be liable for
any loss or damage arising from your failure to comply with this Section F.
Section G - Disclaimer Of
Warranties
AUTOMOTIVE PROFESSIONALS INC. DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR
INFORMATION CONTAINED WITHIN IT, AND ANY SITE-RELATED SERVICES, ARE PROVIDED
"AS IS," WITH ALL FAULTS. AUTOMOTIVE PROFESSIONALS INC. MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND SPECIFICALLY DISCLAIMS ANY SUCH
WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
AUTOMOTIVE PROFESSIONALS INC.SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR
OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED
THROUGH THE SITE. AUTOMOTIVE PROFESSIONALS INC. DOES NOT WARRANT THE
ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE
SITE.
AUTOMOTIVE PROFESSIONALS INC.DOES NOT WARRANT THAT FILES AVAILABLE FOR
DOWNLOAD WILL BE FREE OF VIRUSES, WORMS TROJAN HORSES OR OTHER DESTRUCTIVE
PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO
SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT AUTOMOTIVE
PROFESSIONALS INC. SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING
DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ANY SITE-RELATED SERVICES,
AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY AUTOMOTIVE PROFESSIONALS INC. OR AUTHORIZED REPRESENTATIVES
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Section H - Limitation Of
Liability Regarding Use Of
Site
AUTOMOTIVE PROFESSIONALS INC. AND ITS SUBSIDIARIES, AFFILIATES, VENDORS AND/OR
LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER
RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS
INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED
SERVICE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY
HYPERLINKED WEB SITE. THIS LIMITATION APPLES (A) WHETHER THE ALLEGED CLAIMS OR
DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND
(B) REGARDLESS OF WHETHER OR NOT AUTOMOTIVE PROFESSIONALS INC. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH
THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING
THE SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
Section I - Accuracy And
Integrity Of Information
Although Automotive Professionals, Inc. attempts to ensure the integrity and
accurateness of the Site, it makes no guarantees whatsoever as to the
correctness or accuracy of the Site. It is possible that the Site could include
typographical errors, inaccuracies or other errors, and that unauthorized
additions, deletions and alterations could be made to the Site by third
parties. In the event that an inaccuracy arises, please inform Automotive
Professionals, Inc. so that it can be corrected. Information contained on the
Site may be changed or updated without notice.
Section J - Links Or
Pointers To Other Sites
Automotive Professionals, Inc. makes no representations whatsoever about any
other Web site that you may access through this Site. When you access a
non-Automotive Professionals, Inc. site, please understand that it is
independent from Automotive Professionals, Inc., and that Automotive
Professionals, Inc. has no control over the content on that Web site. In
addition, a hyperlink to a non-Automotive Professionals, Inc. Web site does not
mean that Automotive Professionals, Inc. endorses or accepts any responsibility
for the content, or the use, of the linked site. It is up to you to take
precautions to ensure that whatever you select for your use or download is free
of such items as viruses, worms, Trojan horses, and other items of a
destructive nature. If you decide to access any of the third party sites linked
to this Site, you do this entirely at your own risk.
Section K -
Termination
Automotive Professionals, Inc. reserves the right, in its sole discretion, to
terminate your access to all or part of this Site, with or without cause, and
with or without notice.
Section L - Statute Of
Limitations
Any cause of action brought by you against us or our affiliated parties must be
instituted within one (1) year after the cause of action arises or be deemed
forever waived and barred.
Section M - Choice Of Law
And Venue
This Site is controlled by Automotive Professionals, Inc. from its offices
within the state of Illinois, of the United States of America. It can be
accessed from all fifty states, as well as from other countries around the
world. Each of these places has laws that may differ from those of
Illinois. By accessing this Site, both you and Automotive Professionals,
Inc. agree that the statutes and laws of the state of Illinois will apply to
all matters related to these Terms and Conditions and the use of the Site,
without regard to conflicts of laws or principles thereof. Each party also
agrees and hereby submits to the exclusive personal jurisdiction and venue of
the state and federal courts sitting in DuPage County, Illinois, and waives any
jurisdictional, venue or inconvenient form of objections to such courts.
Automotive Professionals, Inc. makes no representation that materials on the
Site are appropriate or available for use in other locations, and accessing
them from territories where their contents are illegal is prohibited. Those who
choose to access this Site from other locations do so on their own initiative
and are responsible for compliance with local laws.
Section N -
Severability
In the event that any of the Terms and Conditions are held by a court or other
tribunal of competent jurisdiction to be unenforceable, such provisions shall
be limited or eliminated to the minimum extent necessary so that these Terms
and Conditions shall otherwise remain in full force and effect.
Section O - Entire
Agreement
These Terms and Conditions constitute the entire agreement between Automotive Professionals, Inc. and you
pertaining to the subject matter hereof. In its sole discretion,
Automotive Professionals, Inc. may from time-to-time revise these Terms and
Conditions by updating this posting. You should, therefore, periodically
visit this page to review the current Terms and Conditions, so you are aware of
any such revisions to which you are bound. Certain provisions of these
Terms and Conditions may be superseded by expressly designated legal notices or
terms located on particular pages within this Site.
|