| 1.
Agreement Between You and WiseAuto.com. The
following terms and conditions (the "Terms and
Conditions") apply to all visitors to or users
of this Web site. By accessing this Web site, the user
acknowledges acceptance of these Terms and Conditions.
In the case of any violation of these Terms and Conditions,
BGB Marketing, LLC ("WiseAuto.com") reserves
the right to seek all remedies available by law and
in equity for such violations.
2. General Use Provisions; and
Copyright. All materials provided on this Web
site, including but not limited to all text, logos,
designs, graphics, images, sounds, information, software,
documents, products and services (collectively, the
"Materials"), and the selection, arrangement
and display thereof, are the copyrighted works of WiseAuto.com
and/or its vendors or suppliers. All Materials herein
and all WiseAuto.com software are proprietary to WiseAuto.com
and protected by worldwide copyright and other intellectual
property laws. Except as stated herein, none of the
Materials may be modified, copied, reproduced, distributed,
republished, downloaded, displayed, sold, compiled,
posted or transmitted in any form or by any means, including
but not limited to, electronic, mechanical, photocopying,
recording or other means, without the prior express
written permission of WiseAuto.com. 3
3. Limited License. WiseAuto.com
hereby authorizes you to view, copy, download and print
the Materials available on this Web site, provided that:
(1) if you are a potential or actual automobile buyer,
the Materials are used solely for personal, non-commercial
purposes and if you are a automobile seller, the Materials
are used only for the purposes of using the services
expressly offered by WiseAuto.com; (2) the Materials
are not modified or redistributed; and (3) all copyright,
trademark, service mark and other proprietary notices
are reproduced as they appear in any such Materials.
Except as expressly provided above, nothing contained
herein shall be construed as conferring, by implication,
estoppel or otherwise, any license or right under any
patent, trademark or copyright of WiseAuto.com.
4. Trademarks. The trademarks,
trade names and service marks (the "Marks")
displayed on this Web site are the property of WiseAuto.com
or other third parties. Users are not permitted to copy
or otherwise use these Marks without the prior written
consent of WiseAuto.com or such third party which may
own the Mark. The following list of Marks owned by WiseAuto.com
is not exhaustive, and WiseAuto.com may own other Marks
not included here: WiseAuto.com and BGBMarketing.com.
5. Compliance with Laws; Export
Controls. You acknowledge that the software
and any accompanying documentation and/or technical
information is subject to applicable export control
laws and regulations of the U.S.A. You agree not to
export or re-export the software, directly or indirectly,
to any countries that are subject to U.S. export restrictions.
6. Devices. You agree
that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our Web
pages or the content contained herein without our prior
expressed written permission. You agree that you will
not use any device, software or routine to interfere
or attempt to interfere with the proper working of the
WiseAuto.com site or any listing, offer or transaction
being conducted on our site. You agree that you will
not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure.
7. No Unlawful or Prohibited Use.
As a condition of your use of this Web site, you warrant
to WiseAuto.com that you will comply with all applicable
laws, statutes, ordinances and regulations regarding
your use of our service and any related activities.
In addition, you warrant that you will not use this
Web site in any way prohibited by these terms, conditions
and notices. WiseAuto.com complies with state and federal
civil rights laws, WiseAuto.com does not monitor transmissions
of information by Automobile Buyers and Automobile Sellers
and thus assumes no liability for Automobile Buyers'
and/or Automobile Sellers' failures to comply with such
laws.
8. Links to Third-Party Web Sites.
This Web site may contain links to Web sites operated
by parties other than WiseAuto.com. Such hyperlinks
are provided for reference only. WiseAuto.com does not
control such Web sites and is not responsible for their
contents. WiseAuto.com's inclusion of hyperlinks to
such Web sites does not imply any endorsement of the
material on such Web sites or any association with their
operators. If you decide to access any of the third
party sites linked to this Web site, you do so entirely
at your own risk.
9. General Disclaimer.
Although WiseAuto.com has attempted to provide accurate
information on the Web site, WiseAuto.com assumes no
responsibility for the accuracy of the information.
All information provided on this Web site is provided
"as is" with all faults without warranty of
any kind, either express or implied. WiseAuto.com hereby
disclaims all warranties, express or implied, including,
without limitation, those of merchantability, fitness
for a particular purpose, title and non-infringement
or arising from a course of dealing, usage or trade
practice, except to the extent such disclaimers are
held to be legally invalid.
10. Limitation on Liability.
Neither WiseAuto.com nor any of its directors, employees,
agents, vendors or suppliers will be liable for any
direct, indirect, special, punitive, consequential or
incidental damages including, without limitation, lost
profits or revenues, costs of replacement goods, loss
or damage to data arising out of the use or inability
to use this Web site or any WiseAuto.com product, or
damages from the use of or reliance on the information
present on this Web site, even if WiseAuto.com has been
advised of the possibility of such damages.
11. Modification of the Web Site.
WiseAuto.com (and/or its suppliers) reserves the right
in its sole discretion to improve, modify or remove
any information or content appearing on the Web site.
WiseAuto.com may discontinue or revise any or all aspects
of the Web site in its sole discretion and without prior
notice.
12. Modification of These Terms
of Use. WiseAuto.com reserves the right to
change the terms, conditions, and notices under which
this Web site is offered at any time. Modification of
this contract will be deemed effective upon publication
on the Web site with respect to any Automobile Buyers
or Automobile Sellers actions, communications or transactions
occurring after said date. It is your responsibility
to check terms and conditions of this Agreement at the
time of each use.
13. Severability. If
any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid enforceable
provision that most closely matches the intent of the
original provision and the remainder of the agreement
shall continue in effect. WiseAuto.com does not render
legal, auto dealership, or other professional advice
or services to either its Automobile Buyer or Automobile
Seller customers.
14. General. This agreement
is governed by the laws of the State of Texas, without
regard to its conflicts of laws principles. You hereby
consent to the exclusive jurisdiction and venue of courts
in Dallas County, Texas, in all disputes arising out
of or relating to the use of this Web site. Use of this
Web site is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and
conditions, including without limitation this paragraph.
15. Services Not Provided. In connection
with your use of WiseAuto.com's website and/or services,
you acknowledge and agree as follows:
A. WiseAuto.com does not participate in any actual automobile
transactions, including, without limitation, negotiations,
discussions, or proposals;
B. While WiseAuto.com is not an automobile dealers and
does not render legal, dealership, or other professional
advice or services;
C. WiseAuto.com is not undertaking any, and has no,
fiduciary duties to either Automobile Buyers or Automobile
Sellers, including, without limitation, the obligation
to inspect automobiles or to verify the veracity of
information contained in a preview of automobiles offered
for sale;
D. WiseAuto.com is not responsible for the content of,
nor does it endorse, the third-party websites to which
you may link using this website;
E. WiseAuto.com does not guarantee the accuracy of any
information available on this website, and is not responsible
for any errors, omissions, or misrepresentations, whether
made by Automobile Sellers or otherwise and all information
obtained on this website or from Automobile Buyers must
be verified independently;
F. WiseAuto.com may make changes to its products and/or
services and this website at any time and without notifying
you or receiving your consent; and
G. while WiseAuto.com complies with state and federal
civil rights laws, WiseAuto.com does not monitor transmissions
of information by Automobile Buyers and Automobile Sellers
and thus assumes no liability for Automobile Buyers'
and/or Automobile Sellers' failures to comply with such
laws.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE
OR TO ANY CHANGES THE SERVICE MAKES IN THESE TERMS,
PLEASE EXIT WISEAUTO.COM IMMEDIATELY.
|