AGREEMENT BETWEEN USER AND Susan Schein
Automotive
The Susan Schein Automotive Web Site is
comprised of various Web pages operated
by Susan Schein Automotive.
The Susan Schein Automotive Web Site is
offered to you conditioned on your
acceptance without modification of the
terms, conditions, and notices contained
herein. Your use of the Susan Schein
Automotive Web Site constitutes your
agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
Susan Schein Automotive reserves the
right to change the terms, conditions,
and notices under which the Susan Schein
Automotive Web Site is offered,
including but not limited to the charges
associated with the use of the Susan
Schein Automotive Web Site.
LINKS TO THIRD PARTY SITES
The Susan Schein Automotive Web Site may
contain links to other Web Sites
("Linked Sites"). The Linked Sites are
not under the control of Susan Schein
Automotive and Susan Schein Automotive
is not responsible for the contents of
any Linked Site, including without
limitation any link contained in a
Linked Site, or any changes or updates
to a Linked Site. Susan Schein
Automotive is not responsible for web
casting or any other form of
transmission received from any Linked
Site. Susan Schein Automotive is
providing these links to you only as a
convenience, and the inclusion of any
link does not imply endorsement by Susan
Schein Automotive of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Susan
Schein Automotive Web Site, you warrant
to Susan Schein Automotive that you will
not use the Susan Schein Automotive Web
Site for any purpose that is unlawful or
prohibited by these terms, conditions,
and notices. You may not use the Susan
Schein Automotive Web Site in any manner
which could damage, disable, overburden,
or impair the Susan Schein Automotive
Web Site or interfere with any other
party's use and enjoyment of the Susan
Schein Automotive Web Site. You may not
obtain or attempt to obtain any
materials or information through any
means not intentionally made available
or provided for through the Susan Schein
Automotive Web Sites.
USE OF COMMUNICATION SERVICES
The Susan Schein Automotive Web Site may
contain bulletin board services, chat
areas, news groups, forums, communities,
personal web pages, calendars, and/or
other message or communication
facilities designed to enable you to
communicate with the public at large or
with a group (collectively,
"Communication Services"), you agree to
use the Communication Services only to
post, send and receive messages and
material that are proper and related to
the particular Communication Service. By
way of example, and not as a limitation,
you agree that when using a
Communication Service, you will not:
-
Defame, abuse, harass, stalk,
threaten or otherwise violate the
legal rights (such as rights of
privacy and publicity) of others.
-
Publish, post, upload, distribute or
disseminate any inappropriate,
profane, defamatory, infringing,
obscene, indecent or unlawful topic,
name, material or information.
-
Upload files that contain software
or other material protected by
intellectual property laws (or by
rights of privacy of publicity)
unless you own or control the rights
thereto or have received all
necessary consents.
-
Upload files that contain viruses,
corrupted files, or any other
similar software or programs that
may damage the operation of
another's computer.
-
Advertise or offer to sell or buy
any goods or services for any
business purpose, unless such
Communication Service specifically
allows such messages.
-
Conduct or forward surveys,
contests, pyramid schemes or chain
letters.
-
Download any file posted by another
user of a Communication Service that
you know, or reasonably should know,
cannot be legally distributed in
such manner.
-
Falsify or delete any author
attributions, legal or other proper
notices or proprietary designations
or labels of the origin or source of
software or other material contained
in a file that is uploaded.
-
Restrict or inhibit any other user
from using and enjoying the
Communication Services.
-
Violate any code of conduct or other
guidelines which may be applicable
for any particular Communication
Service.
-
Harvest or otherwise collect
information about others, including
e-mail addresses, without their
consent.
-
Violate any applicable laws or
regulations.
Susan Schein Automotive has no
obligation to monitor the Communication
Services. However, Susan Schein
Automotive reserves the right to review
materials posted to a Communication
Service and to remove any materials in
its sole discretion. Susan Schein
Automotive reserves the right to
terminate your access to any or all of
the Communication Services at any time
without notice for any reason
whatsoever.
Susan Schein Automotive reserves the
right at all times to disclose any
information as necessary to satisfy any
applicable law, regulation, legal
process or governmental request, or to
edit, refuse to post or to remove any
information or materials, in whole or in
part, in Susan Schein Automotive's sole
discretion.
Always use caution when giving out any
personally identifying information about
yourself or your children in any
Communication Service. Susan Schein
Automotive does not control or endorse
the content, messages or information
found in any Communication Service and,
therefore, Susan Schein Automotive
specifically disclaims any liability
with regard to the Communication
Services and any actions resulting from
your participation in any Communication
Service. Managers and hosts are not
authorized Susan Schein Automotive
spokespersons, and their views do not
necessarily reflect those of Susan
Schein Automotive.
Materials uploaded to a Communication
Service may be subject to posted
limitations on usage, reproduction
and/or dissemination. You are
responsible for adhering to such
limitations if you download the
materials.
MATERIALS PROVIDED TO Susan Schein
Automotive OR POSTED AT ANY Susan Schein
Automotive WEB SITE
Susan Schein Automotive does not claim
ownership of the materials you provide
to Susan Schein Automotive (including
feedback and suggestions) or post,
upload, input or submit to any Susan
Schein Automotive Web Site or its
associated services (collectively
"Submissions"). However, by posting,
uploading, inputting, providing or
submitting your Submission you are
granting Susan Schein Automotive, its
affiliated companies and necessary
sublicensees permission to use your
Submission in connection with the
operation of their Internet businesses
including, without limitation, the
rights to: copy, distribute, transmit,
publicly display, publicly perform,
reproduce, edit, translate and reformat
your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with
respect to the use of your Submission,
as provided herein. Susan Schein
Automotive is under no obligation to
post or use any Submission you may
provide and may remove any Submission at
any time in Susan Schein Automotive's
sole discretion.
By posting, uploading, inputting,
providing or submitting your Submission
you warrant and represent that you own
or otherwise control all of the rights
to your Submission as described in this
section including, without limitation,
all the rights necessary for you to
provide, post, upload, input or submit
the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Susan Schein Automotive WEB
SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION
HEREIN. Susan Schein Automotive AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Susan Schein
Automotive WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE Susan Schein Automotive
WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
Susan Schein Automotive AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED
ON THE Susan Schein Automotive WEB SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. Susan Schein
Automotive AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL Susan
Schein Automotive AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE Susan Schein
Automotive WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE Susan Schein
Automotive WEB SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE Susan
Schein Automotive WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Susan
Schein Automotive WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF
Susan Schein Automotive OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE Susan Schein Automotive WEB SITE,
OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Susan Schein
Automotive WEB SITE.
TERMINATION/ACCESS RESTRICTION
Susan Schein Automotive reserves the
right, in its sole discretion, to
terminate your access to the Susan
Schein Automotive Web Site and the
related services or any portion thereof
at any time, without notice. GENERAL To
the maximum extent permitted by law,
this agreement is governed by the laws
of the State of Washington, U.S.A. and
you hereby consent to the exclusive
jurisdiction and venue of courts in King
County, Washington, U.S.A. in all
disputes arising out of or relating to
the use of the Susan Schein Automotive
Web Site. Use of the Susan Schein
Automotive 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. You agree
that no joint venture, partnership,
employment, or agency relationship
exists between you and Susan Schein
Automotive as a result of this agreement
or use of the Susan Schein Automotive
Web Site. Susan Schein Automotive's
performance of this agreement is subject
to existing laws and legal process, and
nothing contained in this agreement is
in derogation of Susan Schein
Automotive's right to comply with
governmental, court and law enforcement
requests or requirements relating to
your use of the Susan Schein Automotive
Web Site or information provided to or
gathered by Susan Schein Automotive with
respect to such use. 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.
Unless otherwise specified herein, this
agreement constitutes the entire
agreement between the user and Susan
Schein Automotive with respect to the
Susan Schein Automotive Web Site and it
supersedes all prior or contemporaneous
communications and proposals, whether
electronic, oral or written, between the
user and Susan Schein Automotive with
respect to the Susan Schein Automotive
Web Site. A printed version of this
agreement and of any notice given in
electronic form shall be admissible in
judicial or administrative proceedings
based upon or relating to this agreement
to the same extent an d subject to the
same conditions as other business
documents and records originally
generated and maintained in printed
form. It is the express wish to the
parties that this agreement and all
related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Susan Schein
Automotive Web Site are: Copyright 2006
Susan Schein Automotive and/or its
suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and
products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations,
products, people and events depicted
herein are fictitious. No association
with any real company, organization,
product, person, or event is intended or
should be inferred.
Any rights not expressly granted herein
are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications
of claimed copyright infringement under
United States copyright law should be
sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.
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