Terms and Conditions of Site Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY
By accessing or otherwise using the Dealertrack Systems, Inc. (“Dealertrack”) consumables website] (the "Site" and each webpage thereon, a “Site”) you agree to be bound by these terms and conditions of use and any other applicable end-user agreements.
Changes to the Terms and Conditions
Dealertrack may change these terms and conditions of use at any time, without prior notice. If you access or use the Site after Dealertrack posts a change, you accept that change. If you do not accept the change, do not access or use the Site. You should check these terms and conditions of use periodically.
Access and Use of the Site
Dealertrack grants you a limited license to access and use the applicable Site, including to display, copy, distribute and download its content, only for your personal, non-commercial use and provided that you do not modify the Site, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these terms and conditions of use. Upon termination, you must immediately destroy all copies in your possession.
Unauthorized use of a Site or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Restrictions on Use of a Site
Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Site or its content in any form without Dealertrack's prior written permission.
The following activities are also expressly prohibited without Dealertrack's prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy a Site or any of its content; "mirroring" a Site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on a Site or otherwise interferes with its functioning.
Posting and Transmitting to a Site
You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. Dealertrack reserves the right to edit or remove any post or transmission that, in its judgment, is not appropriate.
Notice and Take-Down Procedures
If you believe any materials on the Site infringe your copyright or trademark rights, you may request such materials be removed by following the notice and take-down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Dealertrack's copyright agent (identified below) and provide the following information:
A clear statement identifying the works or other materials believed to be infringed.
A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
Sufficient information about the location of the allegedly infringing materials so that Dealertrack can find and verify its existence.
Your name, telephone number and email address.
A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Dealertrack's agent for notice of copyright issues on the Site can be reached as follows:
Dealertrack Systems, Inc.
1111 Marcus Ave., Suite M04
Lake Success, NY 11042
Attn: General Counsel
(ref: Copyright Infringement)
Accuracy of Information and Disclaimer of Warranty
Dealertrack has made every effort to present the content each Site accurately, but additions, deletions and changes may occur. Content on a Site is provided "as is"; neither Dealertrack nor its representatives make any representation or warranty with respect to the content.
Dealertrack and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to a Site or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, noninfringement, or fitness for any particular purpose.
Limitation of Liability
Under no circumstances will Dealertrack or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) a Site or its content, even if they have been advised of the possibility of such damages. You access and use each Site at your own risk.
By using the Site, you agree to indemnify Dealertrack and its affiliates for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys' fees) incurred by them arising out of or relating to your breach or alleged breach of these Terms and Conditions (including, without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. Dealertrack reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
While we make every effort to provide accurate information, inaccuracies or errors may occur, including price information and product specifications. In the unlikely event that there is a typographical error, we will, at our discretion, either contact you for instructions before shipping, or cancel your order and notify you about the cancellation. Dealertrack reserves the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your account charged.
Links to a Site
Dealertrack grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of each Site so long as the link does not portray Dealertrack or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the Dealertrack logo, Dealertrack trademark, or Dealertrack's name or trademarks, or other proprietary graphic in the link without the prior written permission of Dealertrack.
Links to Third Party Websites
The material provided on each Site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of each Site is owned by Dealertrack or others. Except for the limited rights granted above, all other rights are reserved.
All trademarks are the property of their respective owners. Some images are courtesy of manufacturers.
Dealertrack may, in its sole discretion, terminate or suspend your access to all or part of the Site, for any reason, including, without limitation, breach of these Terms and Conditions. In the event these Terms and Conditions are terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in these Terms and Conditions will survive termination. In the event that you are unsatisfied with the services provided by Dealertrack, your sole remedy is to terminate your use of the Site.
For Use in the United States
Each Site is controlled and operated by Dealertrack from its offices within the United States. Dealertrack does not represent that a Site is appropriate or available for use elsewhere; access to a Site from locations where its contents are illegal is not authorized. If you access a Site from outside the United States, you do so on your own initiative and at your own risk.