General

Autivo, Inc. and its subsidiaries and affiliates (collectively, "Autivo") provide you with access to this Site and the services available on it, or other Web sites as indicated below (collectively, the "Services"). Access to and use of the Services is governed by these Terms of Use.

Services

The Services include the Autivo Site. The Services may also be located on third party Web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Autivo does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, Autivo is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you release Autivo from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

User Submitted Content

You are solely responsible for any Content and other material that you submit, publish, display or link to on the Site or send to other Autivo users. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or is violative of any Federal, State or local Laws. You will at all times adhere to the Autivo Community Guidelines and that all submitted content you believe to be true. In addition, you agree to not purposely provide false or misleading information on the Service.

You agree that by posting content on the Site, you are granting Autivo a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Services. You understand that Autivo does not endorse or warrant any particular content or information available via the Site. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves.

For specific advice on legal, financial or general automotive matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or automotive professional or dealer.

Autivo may delete any Content that in the sole judgment of Autivo violates these Terms of Use or Community Guidelines or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Autivo assumes no responsibility for monitoring the Services for appropriate Content or conduct. If at any time Autivo chooses, in its sole discretion, to monitor the Services, Autivo nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

User Submitted Content

You are solely responsible for any Content and other material that you submit, publish, display or link to on the Site or send to other Autivo users. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or is violative of any Federal, State or local Laws. You will at all times adhere to the Autivo Community Guidelines and that all submitted content you believe to be true. In addition, you agree to not purposely provide false or misleading information on the Service.

You agree that by posting content on the Site, you are granting Autivo a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Services. You understand that Autivo does not endorse or warrant any particular content or information available via the Site. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves.

For specific advice on legal, financial or general automotive matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or automotive professional or dealer.

Autivo may delete any Content that in the sole judgment of Autivo violates these Terms of Use or Community Guidelines or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Autivo assumes no responsibility for monitoring the Services for appropriate Content or conduct. If at any time Autivo chooses, in its sole discretion, to monitor the Services, Autivo nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

Modification Of Autivo Services

Autivo reserves the right to modify or discontinue the Service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. Autivo shall not be liable to you or any third party should Autivo exercise its right to modify or discontinue the Service or part of it.

Copyright And License

All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2007 Autivo, Inc. and/or its licensors. You are granted a limited, non-sublicensable right to access this Site, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to:

a.       publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;

b.       market, sell or make commercial use of the Site or any Materials;

c.       systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;

d.       make derivative uses of the Site or the Materials; or

e.       use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, or otherwise in or under any patent, trademark, copyright, or proprietary right of Autivo or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Autivo does not assert copyright or grant any rights to the underlying images or descriptions of vehicle listings that may be contained in our search results and that we derive from the source Web site or information provided by the Web site owner. Autivo uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. Autivo does assert copyright and reserves all right to the search results and associated compilations.

Trademarks And Service Marks

"Autivo" and our logos are either trademarks, service marks or registered trademarks of Autivo, Inc. or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other "hidden text" utilizing "Autivo" or any other name, trademark, or product name of Autivo without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Autivo, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Autivo's names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links To Other Sites

The Services contain links to third-party Web sites. These third-party sites are not under the control of Autivo. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Autivo is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Digital Millennium Copyright Act

It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Autivo as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.

If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Autivo's copyright agent the following written information:

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format

• A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Before sending a notice to Autivo, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for Autivo's Copyright Agent for notice of claims of copyright infringement is provided below.

Attn: Autivo Legal Support, DMCA Complaints
Autivo, Inc.
legal@autivo.com

No Warranties

THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

Limitation Of Liability

IN NO EVENT SHALL AUTIVO, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Responsibility for Third Party Content

Autivo is not a publisher of content supplied by third parties and users of the Site. Accordingly, Autivo has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other 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 Autivo. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. Autivo does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.

Modification

Autivo may change, add to or delete these Terms of Use or any portion thereof from time to time at its sole discretion.

Contact Us

Autivo, Inc.
info@autivo.com
http://www.autivo.com