This Agreement is intended to keep autohitlist.com (owned and operated by Auto Search Technologies, Inc. an Idaho corporation) site an efficient and enjoyable online marketplace for the purchase and sale of new and used automobiles and/or automotive services. This agreement applies to and governs your use of this site and such use is expressly conditioned upon your acceptance of the terms and conditions set forth herein.
Unless otherwise contracted or expressly dictated in written form by Auto Search Technologies, Inc. all claims default to this document.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH autohitlist.com OFFERS YOU ACCESS TO THE SERVICE. YOU ARE NOT AUTHORIZED TO USE THIS SITE, THE SERVICE OR THE CONTENT IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY BROWSING, SEARCHING, REGISTERING, OR VIEWING THIS SITE, YOU ARE INDICATING THAT YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW. If you have any questions regarding this Agreement, please contact us.
Auto Search Technologies, Inc.
PO BOX 72
McCammon, ID 83250
Phone: (503) 922-2848
Fax: (360) 251-8732
or Visit: http://www.autohitlist.com/about_us.php
Your Relationship to autohitlist.com.
You and autohitlist.com are and shall remain independent contractors, and shall not be deemed to have an employer-employee, joint venturer, partner or franchisor-franchisee relationship for any purpose whatsoever. Accordingly, you shall be exclusively responsible for the manner in which you perform your duties under this Agreement and for the profitability or lack thereof of your activities under this Agreement. All financial obligations associated with your business are your own responsibility and you may not represent yourself as having any right or authority to obligate or bind autohitlist.com in any manner whatsoever.
The payment of any and all sales or other tax, arising out of a transaction on this site, shall be the sole responsibility of the users of this site, and such users shall pay any such applicable taxes.
Use of Content.
All ideas, methods of operation, processes, know-how, aesthetic aspects, sub-systems and modules included in the autohitlist.com site, the graphical user interfaces for the autohitlist.com site, and the look and feel of the autohitlist.com site (collectively, the "Content") is protected by copyright and other intellectual property laws. The Content is owned by or licensed to autohitlist.com and/or its affiliated companies, licensors and suppliers. The Content is intended for personal use only. While you may interact with or download a single copy of any portion of the Content, you may not reproduce, sell, publish, distribute, modify, display, repost or otherwise use any portion of the Content in any other way or for any other purpose without the written consent of autohitlist.com.
If you operate a Web site and wish to link to this site, you must link to autohitlist.com's home page (www.autohitlist.com). autohitlist.com reserves the right to reject or terminate any links to the Content or the Service for any reason.
Limitation of Liability.
This site merely acts as a conduit for persons to conduct sales and for buyers to purchase a sellers' goods. autohitlist.com has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. autohitlist.com cannot and does not control whether or not sellers will complete the sale of items they offer. autohitlist.com cannot and does not control whether or not buyers will complete the purchase of items they have bid on. Because autohitlist.com does not and cannot control the action of others, in the event that you have a dispute with one or more buyers or sellers, you hereby release autohitlist.com (and our agents and employees and any third party partners and/or licensees of autohitlist.com) from all claims, demands and damages (actual and consequential) of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such a claim or demand. If you are a resident in a state which restricts the effect of a general release, you hereby waive any such provision to the fullest extent allowable by law and agree that this release of liability shall apply to this agreement to the fullest extent possible.
The Service and the Content are provided on an "as is" or "as available" basis and autohitlist.com makes no representations or warranties, expressed or implied, to any actual or prospective purchaser or owner of any vehicle as to the existence, ownership, or condition of the vehicle or as to the accuracy or completeness of any information about the vehicle contained in this service. You acknowledge that any reliance upon any such materials shall be at your sole risk. autohitlist.com reserves the right, in its sole discretion, to correct any error or omission in any portion of the Service or Content.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER autohitlist.com, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND autohitlist.com SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT.
autohitlist.com, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF autohitlist.com, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 3 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
Listing on autohitlist.com.
Listings shall be composed of text and/or visual descriptions that are submitted to autohitlist.com on the web site or by other means by a listing party. Your listing information may include any information you provide to us during the registration, listing, or purchase and sale process. With respect to your listing information, you agree that:
1.You are solely responsible for your listing information, and autohitlist.com acts only as a passive conduit for your online distribution and publication of your listing information. However, autohitlist.com reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion, including, without limitation, deleting, editing or restricting or suspending access to such information.
2.You hereby represent and agree that your listing information and the sale of your listed goods on this site shall not: (a) knowingly infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, false advertising, or the transportation of hazardous material); (c) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; or (d) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Furthermore, you may not post on autohitlist.com or sell through autohitlist.com any item that, by paying to us the transaction fee, could cause us to violate any applicable law, statute, ordinance or regulation.
3.You hereby grant autohitlist.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable right to exercise the proprietary rights that you may have in your listing information, in any media now known or not currently known, with respect to your listing information, as necessary to accomplish the purpose of this agreement.
autohitlist.com may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall be automatically effective when it is posted to the site. This Agreement may not be otherwise amended except in writing signed by both parties.
The Service of this web site is available only to individuals who can form legally binding contracts under applicable law. Our Service is not available to minors.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of our site. You may not take any action which imposes an unreasonable or disproportionately large load on our site's infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
autohitlist.com may terminate your membership, any of your current listings, or current transactions immediately if you breach this Agreement or if autohitlist.com is unable to verify or authenticate any information you provide to us. In the event that autohitlist.com should terminate the ability of a person or entity to use this site, it shall incur no liability in connection with such action.
Except as explicitly stated otherwise, any notices shall be sent via E-mail to firstname.lastname@example.org (in the case of autohitlist.com), or such other address as the party shall specify. Notice shall be deemed given 24 hours after E-mail is sent, unless the sending party is notified that the E-mail address is invalid. Alternatively, autohitlist.com may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to autohitlist.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing
This Agreement shall be governed in all respects by the laws of the State of Idaho, or in which state autohitlist.com is currently registered for business, without giving effect to any provisions in connection with choice of laws. Both parties submit to jurisdiction in Idaho or in which state autohitlist.com is currently registered for business, and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in that state.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
autohitlist.com does not guarantee continuous, accurate, uninterrupted, or secure access to our Service, and operation of our site may be interfered with by numerous factors outside of our control.
Software / Website Warranty Policy
Auto Search Technologies, Inc will make a sincere attempt to resolve problems which interrupt the usability of the software and/or websites provided the software and/or website documents and source code has not been tampered with or modified without written permission from Auto Search Technologies, Inc. We value customer satisfaction and will make every attempt to create a mutually beneficial relationship. However, Auto Search Technologies, Inc does not guarantee error-free software or websites. Auto Search Technologies, Inc does not warranty any project, software, website, service, or product unless otherwise specified in a written contract between Auto Search Technologies, Inc and the customer.
All sales are final, no refunds are provided unless otherwise expressly dictated by Auto Search Technologies, Inc. Auto Search Technologies, Inc does not generally offer refunds. However, because we value our customer's satisfaction, If a customer feels that an Auto Search Technologies, Inc product or service has excessively failed their expectations then they may contact Auto Search Technologies, Inc in writing (via email) for individual consideration of a full or partial refund. Refunds are fully left to the discretion of Auto Search Technologies, Inc. Refunds will not be given, under any circumstance, after 30 days from any project delivery date, software sale, product sale, service provided, or any other production of Auto Search Technologies, Inc, unless other wise contracted or expressly dictated by Auto Search Technologies, Inc.
Project Timeframe and Deadlines
Software and website development and distribution deadlines are meant to be a guideline, and Auto Search Technologies, Inc fully intends to meet all deadlines quoted to their customers. In the software industry unrealistic deadlines can result in a poor quality of software and therefore Auto Search Technologies, Inc on occasion will extend deadlines to assure high quality and usable products are produced from our projects. Auto Search Technologies, Inc does not guarantee that project completion will occur by the quoted deadline or within the quoted timeframe. Auto Search Technologies, Inc will not be held accountable for exceeding deadlines or timeframes specified for a project unless otherwise specified in a written contract between Auto Search Technologies, Inc and the customer.
Projects take a great deal of resources to undertake. Written contracts on an individual basis will be provided by Auto Search Technologies, Inc to most (but not all) of its customers when undertaking a project. If a written contract exists for a project then the refund or reuse policy will be set via the contract, and if a written contract does not exist then the contract will default to this document. If a written contract does not exist, and a customer has expressed a desire (in writing via email) to terminate the continuation of a project then Auto Search Technologies, Inc will review the project termination request with the customer to determine the conditions of the project termination and validity of the request for project termination, prior to cancellation of the project. Project Termination will be dictated by Auto Search Technologies, Inc. Upon cancellation no refunds will be provided, and no additional monies will be collected by Auto Search Technologies, Inc for the project. After cancellation of a project, full ownership of all software, source code, website documents, and other products that were produced by Auto Search Technologies, Inc for the project is retained and/or assumed by Auto Search Technologies, Inc, and the customer relinquishes all ownership rights. The customer or business entity who cancelled the project is prohibited from use, reverse-engineering, distribution, or any other right that could be considered an ownership or licensee right to all items that were produced for the project by Auto Search Technologies, Inc.
Software Ownership of Software Developers
At Auto Search Technologies, Inc we recognize software for the art-form that it is. Just as there can never be a more true owner of the "Mona Lisa" than Leonardo da Vinci himself and no work can be scrubbed from the artist's mind who created it, software also has the same intimate qualities with the software developer. Because of our appreciation for the inherent ownership qualities of art we grant our software developers special privileges and rights that most other software companies vehemently deny. Unless otherwise contracted by Auto Search Technologies, Inc the following policy applies. Auto Search Technologies, Inc and its software developers maintain full ownership of all software produced by Auto Search Technologies, Inc. Software developers employed or sub-contracted by Auto Search Technologies, Inc may not reuse source code that was written and paid for by Auto Search Technologies, Inc in a manner that is in direct competition with Auto Search Technologies, Inc or one of its partner companies, otherwise all rights of ownership are reserved for all software developed by means of Auto Search Technologies, Inc to a co-ownership between the software developer that produced the software and Auto Search Technologies, Inc. Software ownership of developers is limited to the software that was specifically produced by the particular developer.
Software Ownership and Licensing to Customers
Unless otherwise contracted or expressly dictated by Auto Search Technologies, Inc the following policy applies. Use and publication of software and websites developed by Auto Search Technologies, Inc is restricted to Licensee, Auto Search Technologies, Inc, and the software developers who produced the source code. Auto Search Technologies, Inc and its software developers maintain full ownership of all software produced by Auto Search Technologies, Inc. Customers are not granted ownership of software. Customers are licensed to use and/or publish software and websites produced by Auto Search Technologies, Inc, but do not have ownership rights or privileges unless expressly stated in written form by Auto Search Technologies, Inc. Modification of source code and documents produced by Auto Search Technologies, Inc is prohibited without written consent of Auto Search Technologies, Inc. All distribution privileges are restricted to Auto Search Technologies, Inc and its software developers. Software developers must adhere to the "Software Ownership of Software Developers" policy in this document.
Auto Search Technologies, Inc makes an attempt to inform the customer of what to expect from projects, software, websites, products, and services. Auto Search Technologies, Inc will not be held accountable if customer expectation is not met due to misinterpretation of projects, software, websites, products, or services as outlined by Auto Search Technologies, Inc. In the event that Auto Search Technologies, Inc fails to fully inform the customer of what to expect from the said items and the customer does not request in written form (via email) an itemized list of expectations (which must be approved by Auto Search Technologies, Inc) then Auto Search Technologies, Inc has no liability for the customers expectations.
Auto Search Technologies, Inc will not sell, distribute, reveal, or otherwise make available any customer information, with the exception of listing our client's software and/or website in our portfolio and on our website. If a customer objects to being listed, then the customer should inform Auto Search Technologies, Inc in written form (via email), and Auto Search Technologies, Inc will promptly remove your information.
Disclaimer of Liability
Auto Search Technologies, Inc disclaims all liability for, and does not accept any responsibility for, anything that may happen to you, your equipment, your computer system, your software, or any loss incurred by you through use of Auto Search Technologies, Inc's software, products, services, or any other of Auto Search Technologies, Inc's productions, the use of any of the software products or services provided by Auto Search Technologies, Inc, or the suspension or termination of your service by your website hosting company.