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 Terms of Use...

 InterActiveAds Terms of Use "Visitor’s Agreement”

1. Introduction
These Terms of Use (the "Terms") contain the rights and obligations between you and InterActiveAds, Corp. (“IAAC”) regarding your viewing, browsing or visiting (collectively "Use", "Uses" or "Using") the AutoIncentives.com http://autoincentives.com (the "Site"). Any Use of the Site, the collection of web pages and other digital content available through the Site, or IAAC's other websites are subject to these Terms and IAAC's Privacy Policy ("Privacy Policy"). The terms of the Privacy Policy are incorporated herein by this reference. If you do not agree with the terms and conditions contained in the Terms or the Privacy Policy, you may not Use the Site. Please check these Terms frequently, as we reserve the right to amend or modify them at any time. IAAC may modify the Terms and Privacy Policy at any time, and your continued Use of the Site constitutes your acceptance of any and all modifications. If you do not agree to the Terms or Privacy Policy, you should not Use the Site. Using the Site constitutes your acceptance of these Terms and the Privacy Policy.

2. Definitions
The term "User" refers to any individual who uses the Site. The terms "you", "your", "yours", and "yourself" refer to any User Using the Site. The terms "IAAC", "InterActiveAds.com", “AutoIncentives.com”, "we", "us", and "our" refer to IAAC, its affiliates and subsidiaries. The term "seller" refers to any individual or entity offering automobiles for sale on the Site.

3. Privacy
You acknowledge that you have read and that you understand the Privacy Policy and agree that IAAC may collect, use and distribute information pursuant to that policy. You represent and warrant that your Use of the Site will be in accordance with the Privacy Policy.

4. IAAC is not a "Car Dealer"
IAAC is an automobile listing advertiser and information resource that brings together buyers and sellers of automobiles. Information and specifications about a particular automobile are supplied by the seller, not by IAAC. The price and terms of any sale are negotiated between the buyer and the seller. The prices listed by sellers on the Site usually exclude other charges and costs, including but not limited to sales tax, title, finance charges, license, regulatory, emissions testing and compliance, dealer documentary fees, which may be included with the listed price to arrive at the final sale price of the listed automobile. IAAC does not guaranty or warranty that the automobile advertised by seller is the vehicle actually offered for sale. Additionally, IAAC does not verify or guarantee the condition or performance of any automobile on the Site. You should personally inspect or have someone knowledgeable with automobiles personally inspect the automobile prior to any purchase. The information contained in each advertisement is the sole responsibility of the seller. Each seller, not IAAC, takes full responsibility for the accuracy of each advertisement. Any intentional or unintentional misrepresentations come directly from the seller. Although we do our best to attract honest sellers, we do warrant their business practices.

IAAC further provides an information resource to its Users wherein it offers a User to request for a quote for a specific vehicle, in a specific region; and, thereafter IAAC locates a local dealer to provide the User with the requested quote. IAAC merely facilitates the introduction of the User to the local dealer and makes no guaranties, warranties or representations that the User will receive a response from the local dealer in a timely manner, or a response of any kind whatsoever.

5. Quality Control
Although we do not monitor every advertisement on the Site, we may in our discretion perform quality assurance tests to assure that those who offer automobiles for sale on the Site are prepared to sell the automobiles advertised at the listed price. In our sole discretion we reserve the right to terminate any sellers access to the Site if we discover conduct not in conformity to fair consumer practices, such as engaging in "baiting and switching" or similar activities. We further reserve the right to delete, or edit any advertisements or other information posted on the Site which we consider inconsistent with our expectations of usage according to high standards of commercial trade.

6. Seller Content
Some advertisements may include automobiles with the designation "certified" or some other designation of the manufacturer or dealer indicating that the automobile has met some inspection standard. IAAC is not responsible for the accuracy of any certification information or representations of the manufacturer or dealer in connection with the condition of an automobile. Potential buyers are urged to contact the manufacture or dealer involved to understand all such terms employed in any advertisement.

7. Rebates and Incentives
Information regarding rebates or incentives as they appear on this Site is provided to IAAC from independent Automotive Dealerships. Though IAAC 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. IAAC does not participate in any such programs and is not responsible for ensuring the incentive amount or your receipt of such benefits.

8. Each Automobile on the Site is Subject to Price and Availability
You acknowledge that although an automobile may be active on the Site, it may already have been sold and unavailable for purchase. All prices and specifications are subject to change without notice.

9. Ownership of Licensed Slogans
The licensed “Slogans” or “Web Addresses” are owned by IAAC, and are for the use of its members only. Requests for new licensed Slogans or Web Addresses that are not owned by IAAC will be purchased (if the Slogan is available) by IAAC through a secured Registrar and will then be secured through IAAC for use by its members. By requesting a Slogan, requestor retains no ownership of the Slogan. Therefore, all slogans or Web Addresses are the sole property of IAAC and its licensors and protected by United States and international copyright laws.

10. Ownership and Permissions
The materials on this Site are the property of IAAC or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as expressly provided for in these Terms, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this Site. For personal use, you may display and print a single copy of any page on the Site, but without the prior written consent of the owner, you may not otherwise reproduce or distribute or store any material appearing on this Site in any form). You may enable a hypertext link to this Site if the link does not state or imply IAAC's endorsement of any person or other site. You may not frame any of the content of the Site, nor incorporate into another website or other service any intellectual property of IAAC or its licensors without our written permission. IAAC® and the IAAC logo are trademarks of IAAC. IAAC owns the intellectual property rights to some of the content on this Site. This includes our copyrighted material designated by "© All Rights Reserved", much of it found on the main part of the Site. IAAC-originated content included on the Site, such as text, graphics, logos, data compilations, software and the compilation of all content on the Site, is the sole property of IAAC and its licensors and protected by United States and international copyright laws. The names of other products and services referred to on the Site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark. All contents of this Site are: Copyright 2006 IAAC and/or its licensors. All rights reserved.

11. Software
Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by IAAC 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.

12. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS SITE IS PROVIDED TO YOU "AS IS." IAAC DOES NOT GUARANTEE OR WARRANT THE SITE WILL BE "ERROR FREE" OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IAAC AND ITS AFFILIATES, AGENTS AND LICENSORS DO NOT WARRANT THE SOFTWARE, THE CONTENT, THE MATERIALS OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY OF THE FOREGOING. IAAC AND ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL INFORMATION RELATED TO AUTOMOBILES ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. IAAC AND ITS AFFILIATES, AGENTS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY AUTOMOBILE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE AUTOMOBILE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT AN AUTOMOBILE ADVERTISED ON THE SITE. ALL INFORMATION RELATED TO AUTOMOBILES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. IAAC RESERVES THE RIGHT (BUT IS IN NO MANNER OBLIGATED TO), IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING AN AUTOMOBILE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE AUTOMOBILE.

13. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL IAAC, ITS AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, YOUR USE OF THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THESE TERMS, ANY PRIVACY POLICY VIOLATIONS OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). YOU AGREE THAT THE LIABILITY OF IAAC AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE LEGAL THEORY ASSERTED. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH IAAC SHALL BE TO TERMINATE YOUR USE OF THIS SITE AND SERVICES.

14. User Account and Registration
You may Use the Site without becoming a registered User or obtaining our express, written consent. To obtain access to sell automobiles, you must register with IAAC. As part of the registration process, you must select a username and a password. To register or for more information on registering, click here. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of username that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the Site through any username/password assigned to you. You must notify IAAC of any known or suspected unauthorized use of your account.

15. User's Use of the Site
You agree that you will not Use the Site in an inappropriate or unsecured manner or for any purpose that is prohibited by these Terms. You may not use any email addresses or other contact information obtained through the Site (whether or not relating to Users) to send unsolicited email messages (i.e. spam) or any other unsolicited communications. You will not download or copy any User's information for the benefit of another person or entity. The Site is intended for personal use only. You will represent yourself accurately and truthfully at all times. You grant IAAC the right (but not the obligation) to independently verify any information you make available to IAAC or other Users. You agree to follow all applicable laws and regulations when using the Site.

16. Termination of Use
IAAC may immediately terminate your Use and bar any future Use at its sole discretion at any time with or without notice. We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another User or IAAC. You have the right to terminate or cancel your Use at any time. You understand and agree that the termination or cancellation of your Use is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to or arising out of: (a) any part of these Terms or IAAC's enforcement or application of these Terms; (b) any policy or practice of IAAC, including the Privacy Policy or IAAC's enforcement or application of these policies; or (c) your Use of the Site. IAAC will not be liable to you for termination or cancellation of your Use. IAAC may at any time, and in its sole discretion, and without liability, terminate or cancel the Site or any product, service or feature offered on or by the Site.

17. Site Content
The Site is comprised of data elements detailing automobile information, statistics, options, features, photographs, etc. All data cached or made available on the Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, is subject to intellectual property laws (copyright, patent, trademark, service mark, etc.). No modification, publication, transmission, participation in transfer or sale, reproduction, creation of derivative works, distribution, public performance, public display, or other exploitation of any of the materials or content on or from the Site, in whole or in part, is permitted without authorization. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your Use of the Site. Some of the content available through the Site may be governed by local, national, and/or international laws and regulations, and your Use of such content is solely at your own risk. In Using the Site, you further agree (a) not to violate anyone's privacy rights, (b) not to act in any way that might give rise to civil or criminal liability, (c) not to act in any way that could be harmful to minors, including, without limitation, transmitting or facilitating the transmission of child pornography, which is prohibited by federal law and may be reported to the authorities should it be discovered by us. You may not use any software, device, or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action imposing an unreasonable or disproportionately large load on the Site or IAAC's infrastructure. IAAC reserves the right, at its sole discretion, (a) to remove, block, or edit any data placed on the Site that it considers to be in violation of these Terms or to be otherwise illegal, harmful, inappropriate, insecure, or contrary to the purposes of IAAC; and (b) to report any illegal or offending activities to the appropriate authorities.

18. Links
The Site may contain links to other Internet sites owned by IAAC or third parties. These sites may contain information where you can obtain automotive related products and services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services displayed or offered. IAAC is not responsible for the content, products or services promoted by any third party website. By linking to a third party website or webpage, IAAC does not represent or imply endorsement of such website or webpage. Upon choosing to enter, and thereafter viewing a link, you hereby release IAAC and its affiliates from any damages that you may incur, and agree not to assert any claims against us or our affiliates, arising from your purchase or use of third-party supplied products and services.

19. Intellectual Property Infringement
IAAC respects the intellectual property rights and other proprietary rights of others. IAAC may, at its discretion, remove certain content or disable access to content that appears to infringe the copyright or other intellectual property rights of others. IAAC is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Community Content posted on or transmitted through the Site, or items advertised on or limited to the Site. If you believe that your rights under United States or international copyright laws are being violated by any content posted on or transmitted through the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending content. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:

The IAAC Copyright Agent can be reached as follows:

By email: CopyrightAgent@InterActiveAds.com
By mail: IAAC Copyright Agent
InterActiveAds, Corp.
18340 Yorba Linda Blvd. Suite 107-625
Yorba Linda, CA 92886-4041

Digital Millennium Copyright Act:
IAAC will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (for more information on the Digital Millennium Copyright Act, please click here: http://www.copyright.gov/reports/studies/dmca/dmca_study.html ) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If IAAC removes or disables access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or person authorized to act on behalf of the owner of the affected material so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. IAAC will document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public. The User who made available the material which is claimed to have infringed another's copyright may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. To file a counter notification with IAAC, the User ("Counterclaimant") must provide a written communication (by regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you could be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your material is not infringing the copyrights of others. To be effective, a Counter Notification must include the following: 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; a statement under penalty of perjury that the User 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; the User's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located (or Orange County, CA if the Subscriber's address is outside of the United States), and that the Subscriber will accept service of process from the person who provided notification or an agent of such person; and the Subscriber's written signature. Upon our receipt of a Counter Notification containing the information as outlined above: IAAC shall promptly provide the person who filed the Infringement Notification ("Complaining Party") with a copy of the Counter Notification; IAAC shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; and IAAC 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 IAAC or the designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Counterclaimant from engaging in infringing activity relating to the material on the Site.

20. Applicable Law
The Site is controlled by IAAC from its offices within the State of California, USA. By Using the Site, you agree that the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions, will govern these Terms and any dispute of any sort that might arise between you and IAAC or its affiliates and subsidiaries. Those who choose to access the Site from outside the United States do so at their own initiative and are responsible for compliance with local laws. You agree to the submission of any dispute exclusively to the state and/or federal courts of the State of California, located in Orange County.

21. Release
If you are involved in a dispute with one or more Users or sellers on the Site, you release IAAC (including its officers, agents, affiliates, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute.

22. Transfer
You may not assign, sub-license, subcontract, transfer or otherwise dispose of any rights or obligations under these Terms. IAAC may at any time assign, sub-license, subcontract, transfer or otherwise dispose of any of its rights or obligations under this Agreement.

23. Modification
IAAC may modify these Terms and its Privacy Policy at any time, and your continued Use of the Site constitutes your agreement to be bound by any an all modifications. Accessing, viewing or browsing the Site constitutes your acceptance of these Terms and the Privacy Policy.

24. Severability
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

25. Indemnification
You hereby agree to indemnify, defend and hold harmless IAAC, its employees, owners, representatives, officers, directors, agents, information providers, affiliates, partners, licensees and licensors (collectively, the "IAAC Parties") from and against any and all liability, losses, costs, expenses and damages (including attorney fees) (collectively, "Claims") incurred by any IAAC Parties and/or its business partners in connection with, but not limited to, the following: your Use of the Site; your connection to the Site; your violation of the Terms or the Privacy Policy; and your violation of any law or the rights of any other person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You will not settle or resolve any such claim in a manner that imposes any liability or obligation on IAAC or affects IAAC's rights in connection therewith without the advance written approval of IAAC.

26. Other
IAAC and you are independent entities, and nothing in these Terms, or via your Use of the Site will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between IAAC and you. These Terms supersede any previous agreement and represent the entire agreement between IAAC and you.