AboutThatCar.com Legal Statement
AboutThatCar.com reserves the right to revise these Terms of Service
without advance notice. We will always have a current version of these
Terms of Service posted on the site.
We strongly encourage you to read these Terms of Service carefully before
accessing or using AboutThatCar.com. Your use of or access to AboutThatCar.com
constitutes an agreement to abide by the Terms of Service then in effect.
AboutThatCar.com is owned and operated by The Washington Bureau, Inc.
Whenever we refer to "AboutThatCar.com" in these Terms of Service,
we are including The Washington Bureau, Inc. its parent company, and its
subsidiaries and other affiliates.
Any questions regarding the specific terms of these Terms of Service
should be directed to contactus@AboutThatCar.com .
Interactive Services.
The information, advice (such as legal and financial advice), ideas
and opinions appearing on AboutThatCar.com do not necessarily reflect
the views of AboutThatCar.com. AboutThatCar.com does not assume responsibility
or accept liability for the content, accuracy, truthfulness or reliability
of information, advice, ideas and opinions appearing on AboutThatCar.com,
or for any claims, damages or losses resulting from the dissemination
or use of any information, advice, ideas and opinions appearing on AboutThatCar.com.
Unless explicitly stated otherwise, any new features that augment or
enhance the current Terms of Service shall be part of this Agreement.
You understand and agree that the Terms of Service is provided "AS-IS" and
that AboutThatCar.com assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications, personal web
pages or personalization settings.
In order to use the Terms of Service, you must obtain access to the
World Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In addition,
you must provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
You specifically agree that
AboutThatCar.com is not responsible for unauthorized access to or alteration
of your transmissions or data, any material or data sent or received or
not sent or received, or any transactions entered into through the Terms
of Service. You specifically agree that AboutThatCar.com is not responsible
or liable for any threatening, defamatory, obscene, offensive or illegal
content or conduct of any other party or any infringement of another's
rights, including intellectual property rights. You specifically agree
that AboutThatCar.com is not responsible for any content sent using and/or
included in the Terms of Service by any third party. Although we are not
required to monitor or edit the interactive portions of AboutThatCar.com,
we reserve the right to do so and to delete any content provided by a
user. AboutThatCar.com is not responsible for any failure or delay in
removing inaccurate or harmful content. AboutThatCar.com expects you to
respect the rights and dignity of others. Accordingly, you may not:
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Harass, intimidate or threaten another user;
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Victimize, degrade or intimidate an individual or group on the basis of
race, ethnicity, gender, sexual orientation, religion, age or disability;
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Interfere with another user's rights to privacy (including by harvesting
or collecting information about AboutThatCar.com users);
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Distribute junk or bulk e-mail, chain letter, surveys, contests, lotteries,
or any other form of unauthorized solicitation;
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Post to AbaoutThatCar.com any material that is defamatory, fraudulent,
tortuous, obscene or indecent;
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Post to AboutThatCar.com any trademarks, logs, trade secrets, or copyrighted
material that you aren't authorized to post;
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Post to AboutThatCar.com any virus, worm, Trojan Horse, or any other computer
code, file, or program that may or is intended to damage the operation of any
hardware, software, or telecommunications equipment;
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Advertise or offer to sell or buy any goods or services for any non-personal
purpose without the approval of AboutThatCar.com;
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Impersonate any person or entity, including, but not limited to, an AboutThatCar.com
official, forum leader guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity; or forge headers or otherwise manipulate
identifiers in order to disguise the origin of any transmissions through the
Terms of Service.
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You grant AboutThatCar.com a nonexclusive, royalty-free, worldwide,
perpetual and irrevocable license to use, reproduce, display, adapt, modify,
distribute, promote, and publish any materials that you post to AboutThatCar.com
in any manner, place or media at AboutThatCar.com's sole discretion, and
without any obligation to compensate you or anyone else. AboutThatCar.com
is a general interest site not intended for children under 13 years of
age. Persons under 13 years of age are not permitted to register for any
AboutThatCar.com service.
Trademarks.
AboutThatCar.com and all marks, titles, logos, characters, and names
that we display on AboutThatCar.com are, to the extent applicable, trademarks
that are used with permission.
Copyrights.
All content on AboutThatCar.com is protected under copyright law (although
AboutThatCar.com makes no representations or warranties nor accepts any
liability for the content created, reproduced, published or posted by
end users in personal web pages). You may download one copy of the content
of AboutThatCar.com to any single computer for your personal, non-commercial
home use only, provided that you keep intact all copyright and other proprietary
notices. You may not otherwise license, sell, modify, copy, publish, distribute
or display any of the AboutThatCar.com content.
In the event you have a claim of copyright infringement with respect
to material that is contained on AboutThatCar.com, please follow the procedures
below:
Written notification must be submitted to the following Designated Agent:
Service Provider(s): AboutThatCar.com Name of Agent Designated to Receive
Notification of Claimed Infringement: General Counsel Full Address of
Designated Agent to Which Notification Should be sent:
Frank Washington, c/o AboutThatCar.com, PO Box 23167 , Detroit , MI
, 48223
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site;
3. Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to
contact the Complaining Party, such as an address, telephone number,
and if available, an electronic mail address at which the complaining
party may be contacted;
5. A statement that the Complaining Party has a good faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate,
and under penalty of perjury, that the Complaining Party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Upon receipt of the written Notification containing the information
as outlined in 1 through 6 above:
Service Provider shall remove or disable access to the material that
is alleged to be infringing; Service Provider shall forward the written
notification to such alleged infringer ("Subscriber"); Service
Provider shall take reasonable steps to promptly notify the Subscriber
that it has removed or disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication
provided to the Service Provider's Designated Agent that includes substantially
the following:
1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared before
it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Subscriber has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled;
4. The Subscriber's name, address, and telephone number, and a statement
that the Subscriber consents to the jurisdiction of the Federal District
Court in the Southeastern District of Michigan (Detroit Division) and
that the Subscriber will accept service of process from the person who
provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as
outlined in 1 through 4 above:
Service Provider shall promptly provide the Complaining Party with a
copy of the Counter Notification; Service Provider shall inform the Complaining
Party that it will replace the removed material or cease disabling access
to it within ten (10) business days; Service Provider shall replace the
removed material or cease disabling access to the material within ten
(10) to fourteen (14) business days following receipt of the Counter Notification,
provided Service Provider's Designated Agent has not received notice from
the Complaining Party that an action has been filed seeking a court order
to restrain Subscriber from engaging in infringing activity relating to
the material on Service Provider's network or system termination.
AboutThatCar.com may, in its sole discretion, terminate your right to
use AboutThatCar.com at any time, and without notice, for any reason,
including your violation of any of these Terms of Service or any other
policy that AboutThatCar.com posts. AboutThatCar.com also reserves the
right to modify or discontinue any services it provides, or any portion
thereof, without notice to you and without liability to you. AboutThatCar.com
may immediately terminate any account that it believes, in its sole discretion,
is transmitting or is otherwise connected with any spam or other unsolicited
bulk e-mail. In addition, because damages are often difficult to quantify,
if actual damages cannot be reasonably calculated, you agree to pay AboutThatCar.com
liquidated damages of $5.00 for each piece of spam or unsolicited bulk
e-mail transmitted from or otherwise connected with your account. Otherwise,
you agree to pay AboutThatCar.com's actual damages, to the extent such
actual damages can be reasonably calculated.
International Use.
By choosing to access AboutThatCar.com from any location other than
the United States , you accept full responsibility for compliance with
all local laws. You are also subject to United States export controls
and are responsible for any violations of United States embargoes or other
federal rules and regulations restricting exports.
Linking to Third-Party Sites.
AboutThatCar.com may provide you with links to third-party Internet
sites.
You assume full responsibility when you choose to follow any links on
AboutThatCar.com that lead to third-party sites. AboutThatCar.com takes
no responsibility for the content of or for transactions involving third-party
sites to which it links. The inclusion of a link to a site does not necessarily
imply endorsement of the site by AboutThatCar.com or any association with
its operators.
Account Maintenance.
You are responsible for maintaining the confidentiality of your account
information and passwords. If you become aware of any unauthorized use
of your account or account information, you should notify AboutThatCar.com
immediately.
Governing Law.
These Terms of Service shall be governed by and interpreted in accordance
with the laws of Michigan and the United States of America , without regard
to their principles of conflicts of law. Any action to enforce this Agreement
shall be brought in the federal or state courts located in Detroit , Michigan
.
Enforcement.
Any part of these Terms of Service that is found by a court of competent
jurisdiction to be invalid or unenforceable will be replaced with language
reflecting the original purpose in a valid and enforceable manner. The
enforceable sections of these Terms of Service will remain binding upon
the parties.
Customer Agreement.
All materials contained in this site are the copyrighted property of
AboutThatCar.com. AboutThatCar.com and all titles, characters, names and
graphics are trademarks of AboutThatCar.com. To reproduce, republish,
upload, post, transmit, distribute or publicly display material from this
website, you will need written permission from AboutThatCar.com. Users
may view and download material from this site only for personal, non-commercial
home use. AboutThatCar.com makes no representation that materials in the
site are appropriate or available for use outside of Detroit , Michigan
. Those who choose to access this site from other locations do so on their
own initiative and are responsible for compliance with local laws, if
and to the extent applicable. Users agree not to use the site for sale,
trade or other commercial purposes.
Users may not use language that is threatening, abusive, vulgar, discourteous
or criminal. Users also may not post or transmit information or materials
that would violate rights of any third party or which contains a virus
or other harmful component. AboutThatCar.com reserves the right to remove
or edit messages or material submitted by users.
AboutThatCar.com is not responsible for material submitted to AboutThatCar.com
or posted in chat rooms or on bulletin boards by site users. By communicating
with AboutThatCar.com, however, users grant AboutThatCar.com permission
to use any information, suggestions, ideas, drawings or concepts communicated
for any purpose AboutThatCar.com chooses, commercial, public or otherwise
without compensation whatsoever.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, ABOUTTHATCAR.COM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ABOUTTHATCAR.COM
DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE
OR THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES.
Under no circumstances, including, but not limited to, negligence, will
AboutThatCar.com be liable for special or consequential damages that result
from the use or inability to use the materials in this site. In no event
shall AboutThatCar.com's liability to a user for any loss, damage or claim
exceed the amount paid by the user for accessing this site. Under no circumstances
shall AboutThatCar.com be liable for the injury, damage or expense arising
from any materials contained in any site linked to or from this site.
This agreement is effective until terminated by either party. You may
terminate this agreement at any time by discontinuing your use of the
AboutThatCar.com site and destroying all materials obtained from it.
IMPORTANT.
YOUR USE OF ABOUTTHATCAR.COM, THE CONTENT ON ABOUTTHATCAR.COM, AND ANY
GOODS OR SERVICES YOU ACQUIRE FROM ABOUTTHATCAR.COM ARE PROVIDED TO YOU "AS
IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
ABOUTTHATCAR.COM DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ABOUTTHATCAR.COM
WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ABOUTTHATCAAR.COM
HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION,
ABOUTTHATCAR.COM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING
FROM THE USE OF OR THE INABILITY TO USE ABOUTTHATCAR.COM OR ABOUTTHATCAR.COM
SERVICES, FROM GOODS ACQUIRED THROUGH ABOUTTHATCAR.COM, OR FROM ANY CONTENT
POSTED ON ABOUTTHATCAR.COM BY ABOUTTHATCAR.COM OR ANYONE ELSE.
ABOUTTHATCAR.COM MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, OR
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Entire Agreement.
This Agreement constitutes the entire agreement between you and AbotuThatCar.com
with respect to your use of AboutThatCar.com and supersedes all prior
or contemporaneous communications and proposals between you and AboutThatCar.com.
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