Introduction
and Agreement. This website (the "Site") is
owned and operated by AutoIncentives.com, (AI) a
division of InterActiveAds, Corp. (IAA). These
Terms of Service apply to the national version
of the Site, located at www.AutoIncentives.com,
as well as to any versions of the Site that AI
co-brands with its newspaper and broadcast
affiliates and other distribution partners
(collectively, "Affiliates"). You may have
arrived at a co-branded version of the Site from
an Affiliate's website, in which case, that
Affiliate will be identified at the top of this
page. By using the Site, you hereby agree that
you are at least eighteen (18) years of age and
bound by all of the following provisions of
these Terms of Service.
InterActiveAds, Corp and AutoIncentives.com is
an online marketing firm specializing in
creative Interactive Ad concepts. AI operates
the Site as an online marketing firm
specializing in Interactive concepts for car
buyers looking for incentives. AI does not sell
vehicles directly and is never a party to any
transaction between buyers and sellers. As a
result, AI does not (a) guarantee or ensure any
vehicle or any transaction between a buyer and
seller, (b) collect or process payment or
transfer of title on behalf of buyers or
sellers, or (c) warehouse, store, ship or
deliver any vehicles.
Site Content
All information and content available on this
Site (collectively, "Content") is protected by
copyright and other intellectual property laws.
The Content is owned by AI, its Affiliates,
and/or their respective licensors and suppliers
(collectively, "Licensors"). The Content is
intended for personal and noncommercial use
only. While you may interact with or download a
single copy of any portion of the Content for
your personal and noncommercial entertainment,
information or use, you may not reproduce, sell,
publish, distribute, modify, display, perform,
re-post or otherwise use any portion of the
Content in any other way or for any other
purpose without the prior written consent of AI.
Requests regarding use of the Content for any
purpose other than personal, noncommercial use
should be directed to
Permissions@AutoIncentives.com.
Associated Press ("AP") text, photos, graphics,
audio and/or video material shall not be
published, broadcast, rewritten for broadcast or
publication, or redistributed directly or
indirectly in any medium. Neither these AP
materials nor any portion thereof may be stored
in a computer except for personal and
noncommercial use. AP will not be held liable in
any way to any User or to any third party or to
any other person who may receive information
from the Site or to any other person whatsoever,
for any delays, inaccuracies, errors or
omissions therefrom or in the transmission or
delivery of all or any part thereof or for any
damages arising from any of the foregoing or
occasioned thereby.
Copyrights and Copyright Agents
It is the policy of AI to respond to claims of
intellectual property infringement. AI will
promptly process and investigate notices of
alleged infringement and take appropriate
actions under the Digital Millennium Copyright
Act, Title 17, United States Code, Section
512(c)(2) ("DMCA") and other applicable
intellectual property laws.
Trademarks
You acknowledge that the Content includes
certain trademarks and service marks owned by
AI, Affiliates, Licensors and others. You agree
not to copy, use or otherwise infringe upon or
dilute these trademarks or service marks. You
further agree that you will not alter or remove
any trademark, copyright or other notice from
any copies of the Content. The
"AutoIncentives.com" name and logo are
trademarks of InterActiveAds Corp. Other product
and company names herein may be trademarks of
their respective owners.
Ownership of Licensed Domains
The licensed Domains or InterActive Ads are
owned by AI, and are for the use of its members
only. Requests for new licensed domains or
InterActive Ads that are not owned by AI will be
purchased if the domain is available through a
secured domain register and will then be secured
through AI for use to its members. By requesting
a domain you retain no ownership of the name and
therefore are able to use the domain to
advertise with under the restrictions stated.
Rebates and Incentives
Information regarding rebates or incentives as
they appear on this Website are provided to AI
from independent Automotive Dealerships. Though
AI uses reasonable efforts to ensure the
accuracy of the information provided, such
information is not intended to be a substitute
for direct communication between you and the
manufacturer or manufacturer's dealer/agent. Any
regional and national cash incentives or rebates
offered to consumers by the manufacturer are
exclusively between you and the manufacturer or
dealer and may affect the actual sale price of
the vehicle. AI does not participate in any such
program and is not responsible for ensuring the
incentive amount or your receipt of such
benefits.
Software
Please note that all software programming,
including without limitation all HTML and other
code contained in this Site (collectively,
"Software"), is owned by AI and/or its Licensors
and is protected by copyright laws and other
intellectual property laws, as well as
international treaty provisions. Any
unauthorized access to, reproduction,
redistribution, publication, display or other
use of the Software is expressly prohibited by
law and may result in severe civil and/or
criminal penalties. Violators will be prosecuted
to the maximum extent possible.
Linking
If you operate a website and wish to link to the
Site, you must link to the Site's home page
unless permission otherwise has been granted in
writing by AI. AI reserves the right to reject
or terminate any links to the Content or the
Site.
User Materials
By submitting ads, content, photos, data or
other materials ("Materials") to the Site, you
hereby grant to AI and its Affiliates a
royalty-free, perpetual, irrevocable,
nonexclusive, fully transferable, fully sub
licensable right and license to copy, modify,
display, distribute, perform, create derivative
works from, and otherwise use and exploit all
such Materials in any form, media, software or
technology of any kind now existing or developed
in the future. You further grant to AI and its
Affiliates a royalty-free right and license to
use your name, image and likeness in connection
with the reproduction or distribution of the
Materials.
Interactive Forums
This Site may offer message boards, bulletin
boards, chat rooms or other forums
(collectively, "Forums") to give Users 18 years
of age and older an interesting and stimulating
forum in which they can express their opinions
and share their ideas. AI and its Affiliates do
not endorse the accuracy or reliability of any
advice, opinion, statement or information posted
on these Forums. Please use your best judgment,
and be respectful of other individuals using
these Forums. By posting a message in the Forum,
you agree to abide by these Terms of Service.
You may not use the Site's Forums to engage in
any Prohibited Activities (as defined below).
Uploading copyrighted or other proprietary
Material of any kind on the Site without the
express permission of the owner of that Material
is prohibited and may result in civil and/or
criminal liability.
Rights
Given the nature of the Site and the volume of
messages and postings, AI cannot and does not
monitor all of the Materials posted or
transmitted by you and other third-party
information providers. AI reserves the right, in
its sole discretion, to monitor, refuse to
publish, remove, delete, move or edit any
Materials without notice, at any time for any
reason. By using the Site, you expressly agree
that AI (a) will not be liable to any claims,
actions or judgments arising out of or related
to any Materials and (b) may monitor, refuse to
publish, remove, delete, move or edit any
Materials without notice at any time for any
reason, without liability and without providing
a refund.
Unsolicited Materials
AI does not accept unsolicited materials or
ideas for use or publication in its programming
or in other digital, electronic or print media
except in connection with the Forums, chat rooms
and bulletin boards on the Site. AI and the
Affiliates shall not be responsible for the
similarity of any of its content or programming
in any media to Materials or ideas transmitted
to the Site.
Representations/Indemnity
You hereby represent and warrant that (a) you
have all necessary authority, rights and
permissions to submit the Materials to the Site,
(b) the Materials do not and will not infringe
or misappropriate any copyright, trademark,
trade secret, patent or other intellectual
property right of any third party, including any
rights of privacy or publicity, and (c) the
Materials do not and will not violate any
applicable law or regulation including, but not
limited to, any automobile advertising laws or
regulations, or cause injury to any person. You
agree to release, defend, indemnify and hold AI,
its Affiliates, the Licensors, and their
respective officers, directors, employees,
agents and contractors harmless from and against
any and all claims, costs, demands or expenses,
including attorneys' fees, arising from (i) any
distribution, publication, refusal to publish,
removal, deletion, movement, editing or other
use of the Materials you provide, (ii) your use
of the Site or any reliance on the Content,
(iii) your breach of these Terms of Service or
(iv) any actual, prospective or terminated sale
or other transaction between you and a third
party.
Prohibited Activities
The following is a partial list of the kinds of
activities that are prohibited on or through the
Site: (a) submitting Material that is patently
offensive to the online community, such as
content that promotes racism, bigotry, hatred or
physical harm of any kind against any group or
individual; (b) engaging in activities or
submitting Material that could be harmful to
minors; (c) engaging in activity or submitting
Material that harasses or advocates harassment
of another person; (d) engaging in activity that
involves the transmission of "junk mail" or
unsolicited mass mailing or "spam" to AI Users
or others; (e) engaging in activity or
submitting Material, or promoting information,
that is fraudulent, false or misleading or
promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or
libelous; (f) submitting Material that contains
restricted or password-only access pages, or
hidden pages or images; (g) submitting Material
that displays pornographic or sexually explicit
material of any kind; (h) submitting Material
that provides instructional information about
illegal activities such as making or buying
illegal weapons, violating someone's privacy, or
providing or creating computer viruses; (i)
engaging in activities or submitting Materials
that solicit passwords or personally
identifiable information for unlawful purposes
from other Users; (j) engaging in commercial
activities and/or sales without our prior
written consent, such as contests, sweepstakes,
barter, advertising and pyramid schemes; (k)
using the Site's lead forms and/or toll-free
numbers to advertise or promote products and
services to AI advertisers; (l) using any robot,
spider or other automatic device, or a manual
process, to monitor or copy web pages or the
Content contained in the Site or for any other
unauthorized purpose without our prior expressed
written permission; (m) using any device,
software or routine to interfere or attempt to
interfere with the proper working of the Site;
(n) decompiling, reverse engineering,
disassembling or otherwise attempting to obtain
the source code for the Software; or (o) taking
any action that imposes an unreasonable or
disproportionately large load on AI's hardware
and software infrastructure (collectively,
"Prohibited Activities").
Warranty Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND
RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK.
AUTOINCENTIVES.COM, ITS AFFILIATES AND THEIR
RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND
REGARDING THE SITE, THE SOFTWARE, THE CONTENT,
THE MATERIALS, THE LISTING SERVICE OR THE
RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF
THE FOREGOING. THE SITE, THE SOFTWARE, THE
CONTENT, THE MATERIALS AND THE LISTING SERVICE
ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS,
AND AUTOINCENTIVES.COM, ITS AFFILIATES AND THEIR
RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY
DISCLAIM ANY AND ALL EXPRESS OR IMPLIED
WARRANTIES INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF
NONINFRINGEMENT. ALL INFORMATION RELATED TO
VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY
THE SELLER OR OTHER THIRD PARTIES.
AUTOINCENTIVES.COM AND THE AFFILIATES MAKE NO
REPRESENTATIONS OR WARRANTIES, EXPRESSED OR
IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER
OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE,
OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO
THE ACCURACY OR COMPLETENESS OF ANY INFORMATION
ABOUT A VEHICLE ADVERTISED ON THE SITE.
AUTOINCENTIVES.COM CANNOT AND DOES NOT VERIFY OR
WARRANT THE ACCURACY OR COMPLETENESS OF SUCH
INFORMATION. AUTOINCENTIVES.COM RESERVES THE
RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY
ERROR OR OMISSION ON THE SITE OR IN THE CONTENT.
ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND
ALL CONCERNS, DIFFERENCES OR DISCREPANCIES
REGARDING A VEHICLE MUST BE ADDRESSED WITH THE
SELLER PRIOR TO THE SALE OF THE VEHICLE. EXCEPT
AS EXPRESSLY SET FORTH IN THE SELL IT YOURSELF
TERMS AND CONDITIONS, AUTOINCENTIVES.COM DOES
NOT MAKE AND EXPRESSLY DISCLAIMS ANY
REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU
REGARDING THE LISTING SERVICE INCLUDING, WITHOUT
LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR
GUARANTEES THAT YOU WILL SELL YOUR VEHICLE,
OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE,
ONLY RECEIVE LEGITIMATE INQUIRIES OR
SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE
ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE.
FOR PURPOSES OF THIS WARRANTY DISCLAIMER,
"THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU.
Some states do not allow the disclaimer of
implied warranties, so the foregoing disclaimer
may not apply to you.
Limitation of Liability
AUTOINCENTIVES.COM, ITS AFFILIATES, AND THEIR
RESPECTIVE OWNERS, EMPLOYEES, AGENTS,
CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN
NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE
DAMAGES, RESULTING FROM OR CAUSED BY THE SITE,
THE SOFTWARE, CONTENT, THE MATERIALS, THE
LISTING SERVICE, THESE TERMS OF SERVICE OR
OTHERWISE (INCLUDING, WITHOUT LIMITATION,
DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT
WILL THE AGGREGATE MAXIMUM LIABILITY OF
AUTOINCENTIVES.COM, ITS AFFILIATES, AND THEIR
RESPECTIVE OWNERS, EMPLOYEES, AGENTS,
CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY
CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES
OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY
LICENSOR" DOES NOT INCLUDE YOU. Some states do
not allow the exclusion or limitation of
incidental or consequential damages of implied
warranties, so the above exclusion or limitation
may not apply to you.
Termination of Service
You understand and agree that in AI's sole
discretion, and without prior notice, your
access to this Site may be terminated or
suspended, and AI may exercise any other remedy
available and remove any Materials, if AI
believes that your use of the Site and/or any
Materials you provide (a) violate (i) these
Terms of Service, (ii) the rights of AI, any
Affiliate or Licensor, or another User of the
Site, or (iii) any law or regulation, or are
otherwise objectionable or inappropriate or (b)
constitute fraudulent activity of any nature.
You agree that monetary damages may not provide
a sufficient remedy to AI for violations of
these Terms of Service, and you consent to
injunctive or other equitable relief for such
violations without the requirement that AI post
a bond. AI is not required to provide any refund
to you if you are terminated as an authorized
User of the Site because, in AI's sole
discretion; you have violated these Terms of
Service.
Miscellaneous
These Terms of Service may be changed at any
time and you will be notified of any such
changes by an updated posting of the new Terms
of Service on this page of the Site. Your
continued use of the Site after the posting of
any amended Terms of Service shall constitute
your agreement to be bound by any such changes.
AI may modify, suspend, discontinue or restrict
the use of any portion of the Site without
notice or liability. This Site includes links to
other websites not established or supervised by
AI or any Affiliate. AI and its Affiliates do
not endorse, sponsor or guarantee these linked
websites and are not responsible in any way for
any advice, content, information, practices,
products or services related to or made
available through such linked websites. These
Terms of Service will be governed by and
construed in accordance with the laws of the
State of Illinois without regard to its
conflicts of law provisions. You hereby agree
that any cause of action you may have with
respect to the Site must be exclusively filed in
the federal or state courts located in Orange
County, California, within one (1) year after
the cause of action arises or the cause is
barred. You hereby consent to personal
jurisdiction in the federal and state courts in
Orange County, California, and waive any
objection based on forum non conveniens. As a
condition of using this Site, you agree that all
causes of action arising out of or connected
with this Site shall be resolved individually,
without resort to any form of class action. If
for any reason a court of competent jurisdiction
finds any provision of these Terms of Service,
or portion thereof, to be unenforceable, that
provision of these Terms of Service will be
enforced to the maximum extent permissible so as
to affect the intent of the parties, and the
remainder of these Terms of Service will
continue in full force and effect. Failure by AI
to enforce any provision of this Terms of
Service will not be deemed a waiver of future
enforcement of that or any other provision of
these Terms of Service. This Terms of Service
constitutes the entire agreement between the
parties regarding the subject matter hereof.
Neither this Terms of Service, nor any terms and
conditions contained herein, shall be construed
as creating a partnership, joint venture or
agency relationship or granting a franchise
between the parties.
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