Legal Statement/Terms Of Service

 

Automobiles Illustrated reserves the right to revise these Terms of Service without advance notice. We will always have a current version of these Terms of Service posted on the site. We strongly encourage you to read these Terms of Service carefully before accessing, or using Automobiles Illustrated. Your use of or access to Automobiles Illustrated constitutes an agreement to abide by the Terms of Service then in effect.

 

Automobiles Illustrated is owned and operated by L. Conrad Bell & Associates. Whenever we refer to “Automobiles Illustrated” in these Terms of Service, we are including L. Conrad Bell & Associates, its parent company, its subsidiaries, and other affiliates.

 

Any questions regarding the specific terms of these Terms of Service should be directed to ContactUs@AutomobilesIllustrated.com.

 

Interactive Services.

 

The information, advice (such as legal and financial advice), ideas and opinions appearing on Automobiles Illustrated do not necessarily reflect the views of Automobiles Illustrated. Automobiles Illustrated does not assume responsibility or accept liability for the content, accuracy, truthfulness or reliability of information, advice, ideas and opinions appearing on Automobiles Illustrated, or for any claims, damages or losses resulting from the dissemination or use of any information, advice, ideas and opinions appearing on Automobiles Illustrated.

 

Unless explicitly stated otherwise, any new features that augment or enhance the current Terms of Service shall be part of this Agreement. You understand and agree that the Terms of Service is provided “AS-IS” and that Automobiles Illustrated assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, personal web pages or personalization settings.

 

In order to use the Terms of Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

 

You Specifically Agree

 

Automobiles Illustrated is not responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Terms of Service.

 

You also specifically agree that Automobiles Illustrated is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.

 

You further specifically agree that Automobiles Illustrated is not responsible for any content sent using and/or included in the Terms of Service by any third party.

 

Although we are not required to monitor or edit the interactive portions of Automobiles Illustrated, we reserve the right to do so and to delete any content provided by a user. Automobiles Illustrated is not responsible for any failure or delay in removing inaccurate or harmful content.

 

Automobiles Illustrated Expects You To Respect The Rights And Dignity Of Others

 

Accordingly, you may not;

 

Harass, intimidate or threaten another user;

 

Victimize, degrade or intimidate an individual or group on the basis of race, ethnicity, gender, sexual orientation, religion, age, or disability;

 

Interfere with another user’s rights to privacy (including harvesting or collecting information about Automobiles Illustrated users);

 

Distribute junk or bulk e-mail, chain letter, surveys, contests, lotteries, or any other form of unauthorized solicitation;

 

Post to Automobiles Illustrated any material that is defamatory, fraudulent, tortuous, obscene, pornographic, or otherwise indecent;

 

Post to Automobiles Illustrated any trademarks, logos, logs, trade secrets, or copyrighted material you aren’t authorized to post;

 

Post to Automobiles Illustrated any virus, worm, Trojan Horse, or any other computer code, file, or program that may be—or is—intended to damage the operation of any hardware, software, or telecommunications equipment;

 

Advertise or offer to sell or buy any goods or services for any non-personal purpose without the approval of Automobiles Illustrated;

 

Impersonate any person or entity, including, but not limited to, an Automobiles Illustrated official, forum leader guide, or host. Or, falsely state or otherwise misrepresent your affiliation with a person or entity; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any transmissions through the Terms of Service.

 

You grant Automobiles Illustrated a nonexclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, display, adapt, modify, distribute, promote, and publish any materials you post to Automobiles Illustrated in any manner, place or media at Automobiles Illustrated’s sole discretion, and without any obligation to compensate you or anyone else.

 

Automobiles Illustrated is a general interest site not intended for children under 13 years of age. Persons under 13 years of age are not permitted to register for any Automobiles Illustrated service.

 

Trademarks

 

Automobiles Illustrated and all marks, titles, logos, characters, and names we display on Automobiles Illustrated are, to the extent applicable, trademarks used with permission.

 

Copyrights

 

All content on Automobiles Illustrated is protected under copyright law (although Automobiles Illustrated makes no representations or warranties, nor accepts any liability for the content created, reproduced, published or posted by end users in personal web pages).

 

You may download one copy of the content of Automobiles Illustrated to any single computer, mobile device, or any other suitable means of delivery that may have yet to be devised for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

 

You may not otherwise license, sell, modify, copy, publish, distribute or display any Automobiles Illustrated content.

 

In the event you have a claim of copyright infringement with respect to material contained on Automobiles Illustrated, please follow the procedures below:

 

Written notification must be submitted by eMail to ContactUs@AutomobilesIllustrated.com. Please use the phrase "Copyright Infringement Claim" in the Subject line. To be effective, the Notification must include the following:

 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed upon.

 

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

 

3. Identification of the material claimed to be infringing, or to be the subject of infringing activity and is to be removed or access to which is to be disabled, with guidance information reasonably sufficient to permit the service provider to locate the material.

 

4. Information reasonably sufficient to permit the service provider 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 expressing the Complaining Party's good faith belief use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

6. A statement expressing the information in the notification is accurat and—under penalty of perjury—expressing the Complaining Party is authorized to act on behalf of the owner of the exclusive right allegedly infringed upon.

 

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above; Automobiles Illustrated shall investigate and if necessary, remove or disable access to the material alleged to be infringing; Automobiles Illustrated shall also forward the written notification to such alleged infringer (“Subscriber”); and Automobiles Illustrated shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

 

Counter Notification

 

To be effective, a Counter Notification must be a written communication provided to the Service Provider’s Designated Agent that includes substantially the following:

 

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 the Federal District Court in Oakland, Calif. and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

 

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above;

 

Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification; Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;

 

Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider’s network or system termination.

 

Service Termination

 

Automobiles Illustrated may, at its sole discretion, terminate your right to use Automobiles Illustrated at any time, and without notice, for any reason, including your violation of any of these Terms of Service or any other policy Automobiles Illustrated posts.

 

Automobiles Illustrated also reserves the right to modify or discontinue any services it provides, or any portion thereof, without notice to you and without liability to you.

 

Automobiles Illustrated may immediately terminate any account that it believes, in its sole discretion, is transmitting, or is otherwise connected with any spam or other unsolicited bulk e-mail.

 

Awarding Of Damages

 

IBecause damages are often difficult to quantify, if actual damages cannot be reasonably calculated, you agree to pay Automobiles Illustrated liquidated damages of $15.00 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise, you agree to pay Automobiles Illustrated’s actual damages, to the extent such actual damages can be reasonably calculated.

 

International Use

 

By choosing to access Automobiles Illustrated from any location other than the United States of America, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports.

 

Linking to Third-Party Sites

 

Automobiles Illustrated may provide you with links to third-party Internet sites.

 

You assume full responsibility when you choose to follow any links on Automobiles Illustrated that lead to third-party sites. Automobiles Illustrated takes no responsibility for the content of—or for transactions involving— third-party sites to which it links. The inclusion of a link to a site does not necessarily imply endorsement of the site by Automobiles Illustrated, or any association with its operators.

 

Account Maintenance

 

You are responsible for maintaining the confidentiality of your account information and passwords. If you become aware of any unauthorized use of your account or account information, you should notify Automobiles Illustrated immediately.

 

Governing Law

 

These Terms of Service shall be governed by and interpreted in accordance with the laws of California and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in Oakland, California.

 

Enforcement

 

Any part of these Terms of Service found by a court of competent jurisdiction to be invalid or unenforceable will be replaced with language reflecting the original purpose in a valid and enforceable manner. All other  enforceable sections of these Terms of Service will remain binding upon the parties.

 

Customer Agreement

 

All materials contained in this site are the copyrighted property of Automobiles Illustrated. Automobiles Illustrated and all titles, characters, names and graphics are trademarks of Automobiles Illustrated.

To reproduce, republish, upload, post, transmit, distribute, or publicly display material from this website, you must seek and be granted written permission from Automobiles Illustrated. Users may view and download material from this site only for personal, non-commercial use.

 

Automobiles Illustrated makes no representation the materials in the site are appropriate or available for use outside of Oakland, California. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Users agree not to use the site for sale, trade, or other commercial purposes.

 

Users may not post language that is threatening, abusive, vulgar, discourteous or criminal to any area of the site. Users also may not post or transmit information or materials that would violate rights of any third party, or which contains a virus or any other harmful component.

 

Automobiles Illustrated reserves the right to remove or edit messages or material submitted by users.

 

Automobiles Illustrated is not responsible for material submitted to Automobiles Illustrated or posted in chat rooms or on bulletin boards by site users. By communicating with Automobiles Illustrated, users grant Automobiles Illustrated permission to use any information, suggestions, ideas, drawings or concepts communicated for any purpose Automobiles Illustrated chooses, commercial, public or otherwise—without any compensation whatsoever.

 

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE. PURSUANT TO APPLICABLE LAW, AUTOMOBILES ILLUSTRATED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. AUTOMOBILES ILLUSTRATED DOES NOT WARRANT OR REPRESENT INFORMATION IS ACCURATE OR RELIABLE, OR THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES.

 

Under no circumstances, including, but not limited to negligence, will Automobiles Illustrated be liable for special or consequential damages that result from the use or inability to use the materials in this site. In no event shall Automobiles Illustrated’s liability to a user for any loss, damage or claim exceed the amount paid by the user for accessing this site. Under no circumstances shall Automobiles Illustrated be liable for the injury, damage or expense arising from any materials contained in any site linked to or from this site.

This agreement is effective until terminated by either party. You may terminate this agreement at any time by discontinuing your use of the Automobiles Illustrated site and destroying all materials obtained from it.

 

IMPORTANT

 

YOUR USE OF AUTOMOBILES ILLUSTRATED, THE CONTENT ON AUTOMOBILES ILLUSTRATED, AND ANY GOODS OR SERVICES YOU ACQUIRE FROM AUTOMOBILES ILLUSTRATED ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

 

AUTOMOBILES ILLUSTRATED DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

AUTOMOBILES ILLUSTRATED WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF AUTOMOBILES ILLUSTRATED HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION,

 

AUTOMOBILES ILLUSTRATED WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE AUTOMOBILES ILLUSTRATED OR AUTOMOBILES ILLUSTRATED SERVICES, FROM GOODS ACQUIRED THROUGH AUTOMOBILES ILLUSTRATED, OR FROM ANY CONTENT POSTED ON AUTOMOBILES ILLUSTRATED BY AUTOMOBILES ILLUSTRATED OR ANYONE ELSE.

 

AUTOMOBILES ILLUSTRATED MAKES NO WARRANTY THAT:


(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,


(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,


(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,


(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR


(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

Entire Agreement

 

The foregoing constitutes the entire agreement between you and Automobiles Illustrated with respect to your use of Automobiles Illustrated and supersedes all prior or contemporaneous communications and proposals between you and Automobiles Illustrated.

 

Bottom line?

 

It's nice to be nice.

 

Be cool, we'll be here. Screw it up, we're gone!

 

 

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