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Terms
of Use
1. Acceptance of Terms
of Use and Amendments. Each time you use or cause access
to this web site, AutoBrowser.ca, you agree to be bound by these Terms
of Use, and as amended from time to time with or without
notice to you. In addition, if you are using a particular service
on or through this web site, you will be subject to any rules
or guidelines applicable to those services and they shall be
incorporated by reference into these Terms
of Use. Please see our Privacy
Policy, which is incorporated into these Terms
of Use by reference.
2. Our Service. Our
web site, AutoBrowser.ca, and services provided to you on and through
our web site on an "AS IS" basis. You agree that the owners of
this web site exclusively reserve the right and may, at any time
and without notice and any liability to you, modify or discontinue
this web site and its services or delete the data you provide,
whether temporarily or permanently. We shall have no responsibility
or liability for the timeliness, deletion, failure to store, inaccuracy,
or improper delivery of any data or information.
3. Your Responsibilities
and Registration Obligations. In order to use this web site,
you must register on
AutoBrowser.ca, agree to provide truthful information when requested,
and be at least the age of thirteen (13) or older. When registering,
you explicitly agree to our Terms
of Use and as may be modified by us from time to time and
available here.
4. Privacy Policy. Registration
data and other personally identifiable information that we may
collect is subject to the terms of our Privacy
Policy.
5. Registration and
Password. You are responsible to maintain the confidentiality
of your password and shall be responsible for all uses via your
registration and/or login, whether authorized or unauthorized
by you. You agree to immediately notify us of any unauthorized
use or your registration, user account or password.
6. Your Conduct. You
agree that all information or data of any kind, whether text, software,
code, music or sound, photographs or graphics, video or other materials
("Content"), publicly or privately provided, shall be the sole
responsibility of the person providing the Content or the person
whose user account is used. You agree that our web site may expose
you to Content that may be objectionable or offensive. We shall
not be responsible to you in any way for the Content that appears
on this web site nor for any error or omission.
You explicitly agree,
in using this web site or any service provided, that you shall
not: (a) provide any Content or perform any conduct that may be
unlawful, illegal, threatening, harmful, abusive, harassing, stalking,
tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt this web
site or any service provided, infected with a virus or other destructive
or deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or
international law; (b) impersonate or misrepresent your association
with any person or entity, or forge or otherwise seek to conceal
or misrepresent the origin of any Content provided by you; (c)
collect or harvest any data about other users; (d) provide or use
this web site and any Content or service in any commercial manner
or in any manner that would involve junk mail, spam, chain letters,
pyramid schemes, or any other form of unauthorized advertising
without our prior written consent; (e) provide any Content that
may give rise to our civil or criminal liability or which may constitute
or be considered a violation of any local, national or international
law, including but not limited to laws relating to copyright, trademark,
patent, or trade secrets.
7. Submission of Content
on this Web Site. By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or
other necessary rights) to use, display, reproduce, modify, adapt,
publish, distribute, perform, promote, archive, translate, and
to create derivative works and compilations, in whole or in part.
Such license will apply with respect to any form, media, technology
known or later developed; (b) you warrant and represent that
you have all legal, moral, and other rights that may be necessary
to grant us with the license set forth in this Section 7; (c)
you acknowledge and agree that we shall have the right (but not
obligation), in our sole discretion, to refuse to publish or
to remove or block access to any Content you provide at any time
and for any reason, with or without notice.
8. Third Party Services. Goods
and services of third parties may be advertised and/or made available
on or through this web site. Representations made regarding products
and services provided by third parties are governed by the policies
and representations made by these third parties. AutoBrowser.ca
shall not be liable for or responsible in any manner for any of
your dealings or interaction with third parties.
9. Indemnification. You
agree to indemnify and hold us harmless, our subsidiaries, affiliates,
related parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders from any claim
or demand, including reasonable attorney's fees, that may be made
by any third party, that is due to or arising out of your conduct
or connection with this web site or service, your provision of
Content, your violation of this Terms
of Use or any other violation of the rights of another person
or party.
10. DISCLAIMER OF WARRANTIES. YOU
UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES
OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED
TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED
OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF
ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD.
YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN
THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE
OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK
AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may
not allow disclaimers of implied warranties and the above disclaimer
may not apply to you only as it relates to implied warranties.
11. LIMITATION OF LIABILITY. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR
ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE,
(II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING
FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
(V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions,
it is not permitted to limit liability and therefore such limitations
may not apply to you.
12. Reservation of
Rights. We reserve all of our rights, including but not limited
to any and all copyrights, trademarks, patents, trade secrets,
and any other proprietary right that we may have in our web site,
its content, and the goods and services that may be provided.
The use of our rights and property requires our prior written
consent. We are not providing you with any implied or express
licenses or rights by making services available to you and you
will have no rights to make any commercial uses of our web site
or service without our prior written consent.
13. Notification of
Copyright Infringement. If you believe that your property
has been used in any way that would be considered copyright infringement
or a violation of your intellectual property rights, our copyright
agent may be contacted at the following address: Click
to contact our webmaster [Other
contact information including address or the information for
a designated agent]
14. Applicable Law. You
agree that this Terms
of Use and any dispute arising out of your use of this web
site or our products or services shall be governed by and construed
in accordance with local laws where the headquarters of the owner
of this web site is located, without regard to its conflict of
law provisions. By registering or using this web site and service
you consent and submit to the exclusive jurisdiction and venue
of the county or city where the headquarters of the owner of this
web site is located.
15. Miscellaneous Information. (i)
In the event that this Terms
of Use conflicts with any law under which any provision may
be held invalid by a court with jurisdiction over the parties,
such provision will be interpreted to reflect the original intentions
of the parties in accordance with applicable law, and the remainder
of this Terms
of Use will remain valid and intact; (ii) The failure of either
party to assert any right under this Terms
of Use shall not be considered a waiver of any that party's
right and that right will remain in full force and effect; (iii)
You agree that without regard to any statue or contrary law that
any claim or cause arising out of this web site or its services
must be filed within one (1) year after such claim or cause arose
or the claim shall be forever barred; (iv) We may assign our rights
and obligations under this Terms
of Use and we shall be relieved of any further obligation. |
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