This page
states the "Terms of Use" under which You may use Intellisweeps.com, an on-line
service to search and request information on vehicles, which features a vehicle
comparison process.
These Terms
of Use include the Intellisweeps Privacy of which is incorporated into these Terms
of Use by reference. By using Intellisweeps.com, You are indicating your agreement
to these Terms of Use, including the Intellisweeps Privacy Statement.
Please read
this page carefully. If You do not accept the Terms of Use stated here, do not use
the Web Site and the services. By using Intellisweeps.com, You are indicating your
acceptance to be bound by the provisions of these Terms of Use. The Intellimark
Group LLC ("Intellisweeps" or the "Company") may revise these Terms of Use at any
time by updating this posting. You should visit this page periodically to review
the Terms of Use, because they are binding on You. The terms "You" and "User" as
used herein refer to all individuals and/or entities accessing this web site for
any reason.
1. Eligibility.
You must be
18 years of age or older to visit or use Intellisweeps.com in any manner. By visiting
Intellisweeps.com or accepting these Terms of Use, You represent and warrant to
the Company that You are 18 years of age or older, and that You have the right,
authority and capacity to agree to and abide by these Terms of Use. You also represent
and warrant to the Company that You will use Intellisweeps.com in a manner consistent
with any and all applicable laws and regulations.
2. Use
of Intellisweeps Content.
The Company
authorizes You to view and access a single copy of the content available on or from
Intellisweeps.com solely for your personal use. The contents of Intellisweeps.com,
and of all other websites under the Company's control, whether partial or otherwise
(Intellisweeps.com and such other websites are sometimes collectively referred to as "Intellisweeps Sites") such as text, graphics, images, logos, button icons, software
and other Intellisweeps Content (collectively, "Intellisweeps Content"), are protected
under
United States and foreign copyright, trademark and other laws. All Intellisweeps
Content is the property of the Company or its content suppliers or clients. The
compilation (meaning the collection, arrangement and assembly) of all content on
the Intellisweeps Sites are the exclusive property of the Company and protected
by
U.S. and international copyright laws. Unauthorized use of the Intellisweeps Content
may violate copyright, trademark, and other laws. You must retain all copyright,
trademark, servicemark and other proprietary notices contained in the original Intellisweeps
Content on any copy You make of the Intellisweeps Content. You may not sell or modify
the Intellisweeps Content or reproduce, display, publicly perform, distribute, or
otherwise use the Intellisweeps Content in any way for any public or commercial
purpose. The use of the Intellisweeps Content on any other web site or in a networked
computer environment for any purpose is prohibited. You shall not copy or adapt
the HTML code that the Company creates to generate any Intellisweeps Content or
the pages making up any Intellisweeps Site which is also protected by the Company's
copyright.
3. Intellisweeps
Site Restrictions.
Users may
not use any Intellisweeps Site in order to transmit, distribute, store or destroy
material, including without limitation Intellisweeps Content, (a) in violation of
any applicable law or regulation, (b) in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of others or violate
the privacy, publicity or other personal rights of others, or (c) that is defamatory,
obscene, threatening, abusive or hateful.
Users are
also prohibited from violating or attempting to violate the security of any Intellisweeps
Site, including, without limitation the following activities: (a) accessing data
not intended for such user or logging into a server or account which the user is
not authorized to access; (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization; (c) attempting to interfere with service to any user, host
or network, including, without limitation, via means of submitting a virus to any
Intellisweeps Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
or (d) forging any TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting. Violations of system or network security may result
in civil or criminal liability. The Company will investigate occurrences which may
involve such violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
4. Specific
Prohibited Uses.
The Company
specifically prohibits any other use of Intellisweeps.com, and all Users agree not
to do any of the following: (a) send unsolicited mail or e-mail, making unsolicited
phone calls or send unsolicited faxes regarding promotions and/or advertising of
products or services to a user of any Intellisweeps Site; (i) delete or revise any
material posted by any other person or entity; (j) take any action that imposes
an unreasonable or disproportionately large load on any Intellisweeps Site's infrastructure;
(k) notwithstanding anything to the contrary contained herein, use or attempt to
use any engine, software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to navigate
or search any Intellisweeps Site other than the search engine and search agents available from the Company on such Intellisweeps Site and other than generally available
third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (l) attempt
to decipher, decompile, disassemble or reverse engineer any of the software comprising
or in any way making up a part of any Intellisweeps Site; (m) aggregate, copy or
duplicate in any manner any of the Intellisweeps Content or information available
from any Intellisweeps Site; or (n) frame or link to any of Intellisweeps Content
or information available from any Intellisweeps Site.
5. Registration
Information.
When You register
with any Intellisweeps Site, You will be asked to provide the Company with certain
information including, without limitation, a valid email address (your "Information").
In addition to the Terms of Use and any privacy policy applicable to any Intellisweeps
Web Site, You understand and agree that the Company may disclose to third parties,
on an anonymous basis, certain aggregate information contained in your registration
application. The Company will not disclose to any third party your name, address,
e-mail address or telephone number without your prior consent, except to the extent
necessary or appropriate to comply with applicable laws or in legal proceedings
where such information is relevant.
The Company
reserves the right to offer third party services and products to You based on the
preferences that You identify in your registration and at any time thereafter; such
offers may be made by the Company or by third parties. Please see the Company's
Privacy Statement for further details regarding your Information.
Without limiting
any of the other disclaimers of warranty set forth in these Terms of Use, Intellisweeps
does not provide or make any representation as to the quality or nature of any of
the third party products or services purchased through the Intellisweeps.com or
any other Intellisweeps Site, or any other representation, warranty or guaranty.
Any such undertaking, representation, warranty or guaranty would be furnished solely
by the provider of the applicable class, or learning material, product or service,
under the terms agreed to by the provider.
6. User
Content and Submissions.
You are solely
responsible for your Intellisweeps Account information, , Intellisweeps Networking
Profile, content, messages or other information ("User Content") that You submit,
publish or display (hereinafter, "post") on any Intellisweeps Site or transmit to
other Users. By posting User Content to any Intellisweeps Site, You automatically
grant, and You represent and warrant that You have the right to grant, to Intellisweeps
an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute such User Content and to prepare derivative
works of, or incorporate into other works, such User Content, and to grant and authorize
sublicenses thereof.
By posting
User Content to any public or non-public area of any Intellisweeps Site, including
message boards, forums, contests and chat rooms, You grant the Company and its affiliates
the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers),
non-exclusive right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, communicate
to the public, perform and display the User Content (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media, or technology now known
or later developed, for the full term of any rights that may exist in such content.
You also warrant that the holder of any rights, including moral rights in such content,
has completely and effectively waived all such rights and validly and irrevocably
granted to You the right to grant the license stated above. You also permit any
User to access, display, view, store and reproduce such User Content for personal
use. Subject to the foregoing, the owner of such User Content placed any Intellisweeps
Site retains any and all rights that may exist in such User Content.
The Company
acts as a passive conduit for the online distribution and publication of User Content
and has no obligation to screen communications or information in advance and is
not responsible for screening or monitoring User Content posted by Users. However,
the Company may review and delete any User Content that, in the sole judgment of
Intellisweeps violates these Terms of Use, violates applicable law, rule or regulation,
is offensive or illegal or violates the rights of, harms or threatens the safety
of Users of any Intellisweeps Site. The Company reserves the right to expel Users
and prevent their further access to the Intellisweeps Sites for violating the Terms
of Use or applicable law, rule or regulation and the right to remove User Content
which is in violation of the Terms of Use, abusive, illegal, or disruptive. The
Company may take any action with respect to User Content that it deems necessary
or appropriate in its sole discretion if it believes it may create liability for
the Company or may cause the Company to lose (in whole or in part) the services
of its ISPs or other suppliers.
It is
also a violation of the Terms of Use, to include in any User Content submitted to
Intellisweeps Networking information that may be interpreted as direct solicitation,
advertisement or recruitment for an available job position directed to individuals
seeking employment on either a full time or part time basis.
Intellisweeps
reserves the right in its sole discretion to investigate and take legal action against
anyone who engages in any illegal or prohibited conduct or otherwise violates these
Terms of Use, including without limitation, removing the User Content from the Intellisweeps
Sites and/or terminating the offending User's ability to access the Intellisweeps
Sites and/or use Intellisweeps services. The Company may take any other action with
respect to User Content or User actions that it deems necessary or appropriate in
its sole discretion if it believes it may create liability for the Company or may
cause the Company to lose (in whole or in part) the services of its ISPs or other
suppliers.
We appreciate
hearing from our Users and welcome your comments regarding our services and the
Intellisweeps Sites. Please be advised, however, that our policy does not permit
us to accept or consider creative ideas, suggestions, inventions or materials other
than those which we have specifically requested. While we do value your feedback
on our services, please be specific in your comments regarding our services and
do not submit creative ideas, inventions, suggestions, or materials. If, despite
our request, You send us creative suggestions, ideas, drawings, concepts, inventions,
or other information (collectively the "Submission"), the Submission shall be the
property of the Company. None of the Submission shall be subject to any obligation
of confidentiality on our part and we shall not be liable for any use or disclosure
of any Submission. The Company shall own exclusively all now known or later discovered
rights to the Submission and shall be entitled to unrestricted use of the Submission
for any purpose whatsoever, commercial or otherwise, without compensation to You
or any other person who submitted the Submission.
7. Registration
and Password.
You are responsible
for maintaining the confidentiality of your Intellisweeps Account, Intellisweeps
Networking Profile, passwords.
8. The
Company's Liability.
Intellisweeps.com
acts as a venue for consumers to find vehicles and dealers to fulfill information
request from consumers.. The Company is not involved in the actual transaction between
dealers and consumers. As a result, the Company has no control over the quality,
safety or legality of the vehicles listed or sold.
You assume
all risks associated with dealing with dealers with whom You come in contact through
Intellisweeps.com and/or the other Intellisweeps Sites. By its very nature, other
people's information may be offensive, harmful or inaccurate, and in some cases
will be mislabeled or deceptively labeled. We expect that You will use caution and
common sense when using Intellisweeps.com and/or the other Intellisweeps Sites.
The Intellisweeps
Sites and the Intellisweeps retailers Content may contain inaccuracies or typographical
errors. The Company makes no representations about the accuracy, reliability, completeness,
or timeliness of any Intellisweeps Site or the Intellisweeps Content. The use of
all Intellisweeps r Sites and the Intellisweeps Content is at your own risk. Changes
are periodically made to Intellisweeps Sites and may be made at any time.
Intellisweeps
cannot guarantee and does not promise any specific results from use of Intellisweeps.com
or any Intellisweeps Site. No advice or information, whether oral or written, obtained
by a User from Intellisweeps or through or from Intellisweeps.com or any other Intellisweeps
Site shall create any warranty not expressly stated herein.
9. Disclaimer
of Warranty.
THE COMPANY
DOES NOT WARRANT THAT ANY Intellisweeps SITE WILL OPERATE ERROR-FREE OR THAT ANY
Intellisweeps SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF ANY Intellisweeps SITE OR THE Intellisweeps CONTENT RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE
FOR THOSE COSTS. THE Intellisweeps SITES AND Intellisweeps CONTENT ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE Intellisweeps CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND
LINKS.
10. Disclaimer
of Consequential Damages.
IN NO EVENT
SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY Intellisweeps
SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY Intellisweeps
SITE AND THE Intellisweeps CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
11. Limitation
of Liability.
Intellisweeps
'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY Intellisweeps SITE
OR YOUR USE OF THE Intellisweeps CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER
IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. Links
to Other Sites.
Intellisweeps.com
and certain other Intellisweeps Sites contain links to third party web sites. These
links are provided solely as a convenience to You and not as an endorsement by the
Company of the contents on such third-party Web sites. The Company is not responsible
for the content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third party Web sites. If
You decide to access linked third-party Web sites, You do so at your own risk.
13. No
Resale or Unauthorized Commercial Use.
You agree
not to resell or assign your rights or obligations under these Terms of Use. You
also agree not to make any unauthorized commercial use of any Intellisweeps Site.
14. Indemnity.
You agree
to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers,
directors,
employees and agents, from and against any claims, actions
or demands, including without limitation reasonable legal and accounting fees, alleging
or resulting from (i) any User Content or other material You provide to any Intellisweeps
Site, (ii) your use of any Intellisweeps Content, or (iii) your breach of the terms
of these Terms of Use. The Company shall provide notice to You promptly of any such
claim, suit, or proceeding.
15. General.
The Company
makes no claims that the Intellisweeps Content may be lawfully viewed or accessed
outside of the
United States . Access to the Intellisweeps Content may not be legal by certain
persons or in certain countries. If You access a Intellisweeps.com or other U.S.-based
Intellisweeps Sites from outside of the
United States , You do so at your own risk and are responsible for compliance with
the laws of your jurisdiction. These Terms of Use are governed by the internal substantive
laws of the state of Ohio, without respect to its conflict of laws principles. Jurisdiction
for any claims arising under this agreement shall lie exclusively with the state
or federal courts within
Cincinnati,
Boston,
Massachusetts.
Ohio. If any provision of these Terms of Use are found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms of Use , which shall remain
in full force and effect. No waiver of any term of these Terms of Use shall be deemed
a further or continuing waiver of such term or any other term. Except as expressly
provided in an additional agreement, additional terms of use for areas of Intellisweeps.com,
a particular "Legal Notice," or Software License or material on particular Web pages,
these Terms of Use constitute the entire agreement between You and the Company with
respect to the use of Intellisweeps.com. No changes to these Terms of Use shall
be made except by a revised posting on this
page.
16. Additional
Terms of Use.
Certain areas
of Intellisweeps.com and the other Intellisweeps Sites are subject to additional
terms of use. By using such areas, or any part thereof, You agree to be bound by
the additional terms of use applicable to such areas.
17. Term
and Termination
These Terms
of Use will remain in full force and effect while You are a User of Intellisweeps.com
at any level. The Company reserves the right, at its sole discretion, to pursue
all of its legal remedies, including but not limited to deletion of your User Content
from Intellisweeps.com and the other Intellisweeps Sites and immediate termination of your registration with or ability to access Intellisweeps.com and the other Intellisweeps
Sites and/or any other services provided to You by the Company, upon any breach
by You of these Terms of Use or if the Company is unable to verify or authenticate
any information You submit to Intellisweeps.com or other Intellisweeps Site registration.
Even after You are no longer a User of Intellisweeps.com, certain provisions of
these Terms of Use will remain in effect, including Sections 2, 6, 8, 9 through
17, inclusive.