This Internet Web Site Use Agreement (“Agreement”) is between you and Advanced Auto Transfers, LLC (“Company” or “AAT”) with it’s offices at 101 S. Culpepper St Quitman, GA 31643. Your use of the advancedautotransfers.com (“Site”) is subject to the following terms and conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Use of the Site signifies your unconditional agreement to the terms and conditions of this Agreement. If you do not agree to these terms and conditions of use, do not access or otherwise use this Site.
(2) AAT may gather, process and use information and materials received from you (e.g., name, physical address, e-mail address) or collected through your use of the Site for any lawful reason or purpose.
(3) AAT reserves the right, at its sole discretion, from time to time to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Site. Advancedautotransfers.com makes no representation or warranty as to the accuracy or timeliness of the information provided on the website. Vehicle inventory at AAT’s participating dealerships fluctuates daily, and while AAT will attempt to update its website to account for changes in vehicle inventory, you should contact an AAT sales representative by telephone or email to verify content accuracy. You acknowledge that you are using the Services at your own risk. You agree that all information provided by AAT is subject to verification by you. AAT is not responsible for liability that may arise from misrepresentations, inaccuracies or funding issues involving the potential sale or transfer of inventory.
(4) Advancedautotransfers.com is protected by one or more copyrights pursuant to U.S. copyright laws, international conventions and other intellectual property laws. You will abide by any and all copyright notices, trademark notices, ownership information or restrictions contained in any Content on advancedautotransfers.com. You may download and make copies of the Content and other downloadable items displayed on this Site, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content on the Web Site for reproduction, redistribution or publication to third parties for commercial purposes is expressly prohibited without prior written permission from the Advanced Auto Transfers, LLC. All rights to the AAT’s copyrighted materials not expressly granted herein are reserved by the Company.
(5) Advanced Auto Transfers, LLC, at its sole discretion, may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database or Content. Company may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
(6) You hereby agree to defend, indemnify and hold harmless AAT, and all its officers, directors, agents, employees, information providers, affiliates, licensors and licensees from and against any and all liabilities, claims, penalties, losses, damages, cost and expense (including court costs and reasonable attorney’s fees, interest expense and amounts paid in compromise or settlement), suits or actions arising out of or resulting from any breach by you of this Agreement, including the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim.
(7) Advanced Auto Transfers, LLC does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. AAT reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
(8) Advanced Auto Transfers, LLC reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Company’s sole discretion are objectionable or in violation of this Agreement.
(9) ADVANCEDAUTOTRANSFERS.COM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE PRECEEDING LIMITATION MAY NOT APPLY TO YOU.
(10) Some comments and information on the Site may be based upon the AAT’s management’s current expectations, estimates and/or projections about the Company’s markets and industries. These statements about the Company are forward-looking statements which are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict. Therefore, actual outcomes and results may differ from what is expressed or forecasted. Among the factors that could cause actual results to differ are uncertainties in competitive pricing pressures, general domestic and international economic conditions and market demand.
(11) By posting vehicles, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the Site, you hereby grant to the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise fully exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with such Communications.
(12) You acknowledge that Communications involving the Site are not confidential and that Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Company, no confidential, fiduciary, and contractually implied or other relationship is created between you and the Company other than pursuant to this Agreement.
(13) You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Georgia, U.S.A., and applicable to contracts to be wholly performed therein. Any action based on or alleging a breach of this Agreement shall be brought in a Georgia court. In addition, you agree to subject matter jurisdiction and to submit to the personal jurisdiction and venue of federal and State courts located in Georgia.
(14) This Agreement constitutes the entire agreement between the Company and you with respect to your use of and access to the Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all of the terms and conditions of this Agreement. Any cause of action you may have with respect to your use of and access to the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give legal effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. 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 or the Site to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by the Company. The failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor bar the Company’s right to enforce the provision.