We provide this website as a means for you to learn about and interact with the dealer(s) represented here and for no other purpose.  Your use of this website is conditioned upon your acceptance without modification of all terms, conditions, and notices set forth below (collectively, the “Agreement”), and by accessing or using this site in any manner, you agree to be bound by the Agreement. The network platform services for this site are provided by Digital Marketing Division of ADP, Inc. (“ADP”), which is an intended third party beneficiary with rights to enforce this Agreement.  Please read the Agreement carefully.  We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

USE OF THE WEBSITE

As a condition of your use of this website, you warrant that (i) all information supplied by you on this website is true, accurate, current and complete, (ii) if you have an account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older. This site is directed toward users of driving age and we do not knowingly collect information from anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

PROHIBITED ACTIVITIES

The content and information on this site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) is proprietary to us or to ADP. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this website.  Additionally, you agree not to:

• use this website or its contents for any commercial purpose;
• access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
• violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;
• take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• deep-link to any portion of this website for any purpose without our express written permission;
• "frame", "mirror" or otherwise incorporate any part of this website into any other website without our prior written authorization; or
• attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us or ADP in connection with the website.

REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS

By submitting content to this site by email, postings or otherwise, including any reviews, survey responses, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant us and ADP a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that we may choose to provide attribution of your comments or reviews at our discretion. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

This website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of your experiences with us or other content, messages, materials or other items ("Interactive Areas"). You are solely responsible for your use of the Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the site any of the following:

• Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us;
• Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
• Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files;
• Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
• Content or links to content that, in the sole judgment of us or ADP, (a) violates any terms of this Agreement, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or the website, or (d) which may expose us, ADP or the other users of this site to any harm or liability of any type.

We take no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage to such Content, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen or edit without notice any Content posted or stored on the site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the site at your sole cost and expense.

Any use of the Interactive Areas or other portions of the site in violation of this Agreement may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, either we or ADP may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content and this right to disclose any such information shall take precedence over any terms of our Privacy Policy.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND MATERIALS DISPLAYED ON THIS WEBSITE.  WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL WE (OR OUR OFFICERS, DIRECTORS, AFFILIATES, AND VENDORS, INCLUDING ADP) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend and indemnify us and our officers, directors, employees, agents and vendors (including ADP) from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:  (i) your breach of this Agreement or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of this website.

LINKS TO THIRD-PARTY SITES

This site may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

GENERAL

This website is operated by a U.S. entity and this Agreement is governed by the laws of the State of New Jersey. You hereby consent to the exclusive jurisdiction and venue of courts in New Jersey and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this website. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this website within one year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and ADP as a result of this Agreement or use of this website.

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 remaining provisions in the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and us with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this website.

COPYRIGHT COMPLAINT POLICY

Infringement Notification:

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying us that your copyrighted material has been infringed.  In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers."

If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2.  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit our copyright agent to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4.  Information reasonably sufficient to permit our copyright agent to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.  Please also note that our copyright agent will send a copy of such notices to both the individual that uploaded the allegedly infringing content and the creator of the site where the content appears.

Counter-Notification

If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):

1. A physical or electronic signature of the subscriber.
2. 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.
3. A statement under penalty of perjury that the subscriber 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.
4. The subscriber\'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 if the subscriber\'s address is outside of the United States, for any judicial district in which our copyright agent may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Our copyright agent only accepts counter-notices that meet the requirements set forth above and are received from the email address associated with the our copyright agent account you used to upload the content within seven business days of our forwarding you the DMCA notice. You may submit your Counter Notification by sending it to our Designated Agent by mail or e-mail as set forth below.

Designated Copyright Agent

The Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:

Copyright Agent

The Cobalt Group, Inc.

605 Fifth Avenue South, Suite 800

Seattle, WA 98104
 

Or, via email: copyrightagent@cobalt.com

For clarity, only DMCA notices should go to the Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.