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Acceptable Use Policy
USE OF AD TRAC INTELLIGENCE ON-LINE SERVICE (AS WELL AS THE WEB SITE ITSELF AND ALL OF ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THE TEXT, DATA, INFORMATION, MATERIAL, SOFTWARE, AND GRAPHICS PROVIDED IN CONNECTION WITH THE WEB SITE) (COLLECTIVELY, "WEB SITE") IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AD TRAC ON-LINE SERVICE AGREEMENT ("SERVICE AGREEMENT"). BY CHECKING THE "I HAVE READ AND AGREE TO THE SERVICE AGREEMENT" BOX AND CLICKING THE "CONTINUE" BUTTON AT THE BOTTOM OF THE REGISTRATION PAGE, OR BY USING THE WEB SITE IN ANY MANNER: (1) YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS SERVICE AGREEMENT AND HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO IT; AND (2) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. Ad Trac Intelligence Group may change the terms and conditions of this Service Agreement at any time at its sole discretion. You will find notification of any such changes in the Membership area of the Web Site. You will be responsible for regularly checking this area and for reviewing any such changes. In addition, Ownership and Copyright You acknowledge and agree that the Web Site is protected by U.S. and international copyright and other intellectual property laws. Furthermore, some the ads presented in this site may be copyrighted and reproduction in part or full may be a violation of U.S. and international copyright laws. Disclaimer of Warranties THE SERVICE AGREEMENT IS PROVIDED "AS IS" WITH ALL FAULTS. AD TRAC INTELLIGENCE GROUP DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE AGREEMENT OR THE WEB SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. AD TRAC INTELLIGENCE GROUP DOES NOT WARRANT THE ACCURACY, CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THE SERVICE AGREEMENT OR THE WEB SITE. AD TRAC INTELLIGENCE SHALL NOT BE RESPONSIBLE FOR DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS SERVICE AGREEMENT OR THE WEB SITE. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply. Limitation of Liability AD TRAC INTELLIGENCE GROUP SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS SERVICE AGREEMENT, THE WEB SITE, OR THE USE OF, OR RELIANCE ON, ANY OF THEM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A BREACH BY AD TRAC INTELLIGENCE GROUP OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS SERVICE AGREEMENT. THE AGGREGRATE LIABILITY OF AD TRAC INTELLIGENCE GROUP ARISING FROM OR RELATING TO THIS SERVICES AGREEMENT, THE WEB SITE, OR THE USE OF, OR RELIANCE ON, ANY OF THEM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVED UP TO AN AMOUNT NOT TO EXCEED $1,000. AD TRAC INTELLIGENCE GROUP SHALL NOT BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF AD TRAC INTELLIGENCE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply. Indemnification You agree to indemnify, defend, and hold harmless Ad Trac Intelligence Group from and against any and all claims, liabilities, losses, costs (including but not limited to attorneys' fees), or damages of any kind arising from or relating to: (i) your use of the Service Agreement or the Web Site; or (ii) your breach of this Service Agreement. Subscription and Service You may not use this On-line Service without a valid subscription from Ad Trac Intelligence Group. To obtain a subscription (either Trial or Full ), you must register for the On-Line Service either by completing the online registration form available on the Web Site or by calling the toll-free number listed below. Your subscription will not be valid unless and until Ad Trac Intelligence Group accepts your registration. By registering for the this On-Line Service, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify Ad Trac Intelligence Group promptly of any changes to this registration information. This notification can be effected either by editing your user profile in the Membership area of the Web Site or by calling the toll-free number listed below. Your On-Line Service will commence the date this Service Agreement is accepted and will continue for the length of time that you selected when you registered. You understand that, unless you notify us that you wish to terminate your subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal. The term "subscription term" shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term. AD TRAC INTELLIGENCE GROUP RESERVES THE RIGHT TO CHANGE THE SERVICE AGREEMENT AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). Your subscription is personal to you, and you may not transfer or share your subscription with any other person (including but not limited to your coworkers) (ii) your subscription is not simultaneously used by more than one person at any given time; and (iii) you agree to be responsible for any use of your subscription. User Password When you register as a subscriber, you select a password, which you may then modify at any time as often as you like. You may not select, and Ad Trac Intelligence Group may modify or delete, any password that Ad Trac Intelligence Group determines, in its sole discretion, violates any third party's rights or is offensive, improper, or inappropriate. Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this Service Agreement). YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY AD TRAC INTELLIGENCE GROUP (USING THE TOLL-FREE NUMBER OR E-MAIL ADDRESS LISTED BELOW OF ANY UNAUTHORIZED USE OF YOUR PASSWORD. Charges and Billing Practices Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and apply whether or not you actually use the On-Line Service during that term. You can always find the current subscription rates by reviewing the Web Site. Ad Trac Automotive Group reserves the right to charge additional monies for new/optional products. Subscription fees and all other fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the On-Line Service ("your credit card"). You must promptly notify Ad Trac Intelligence Group (as set forth below) if your credit card is no longer valid or of any other change to the information you provided Ad Trac Intelligence Group regarding your credit card (including, but not limited to, changes to your billing address or other pertinent contact information). Absent such notification, Ad Trac Intelligence Group will assume that your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription. If any subscription fees or other charges billed to your credit card are declined for any reason, Ad Trac Intelligence Group shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including attorneys' fees) incurred by Adtrac in collecting any unpaid subscription fees or other charges from you. Cancellation Upon execution of this Service Agreement, you are legally obligated to the term that you registered and your credit card will be billed accordingly. You may cancel your subscription by notifying Ad Trac Intelligence Group of such cancellation, by calling the telephone number listed below and Ad Trac Intelligence Group will not process cancellations submitted via email. Any cancellations of your subscription will be subject to the terms of your registration and will continue in effect until your anniversary day, than terminate on that day. (For example, if you register for a 1 year subscription on January 1 and you cancel on September 15, your membership will continue until December 31, at which time it ends.) Ad Trac Intelligence Group may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this Service Agreement; or (ii) your use of or access to the On-Line Service or the Web Site violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the On-Line Service or any other service offered by Ad Trac Intelligence Group on the Web Site. None of the foregoing limits any other legal, equitable, or contractual rights available to Ad Trac Intelligence Group. Ad Trac Intelligence Group may, in its sole discretion, choose not to renew your subscription by providing you with notice of non renewal at any time during your subscription term at the e-mail address you provided when completing your registration. In the event of the foregoing, your subscription will cease and will not automatically renew at the end of your then-current subscription term. Customer Service and Product Support For customer service related to your On-Line Service subscription (including information regarding registration and billing), contact Ad Trac Intelligence Group via telephone at (866)702-0310. Governing Law and Jurisdiction This Service Agreement shall be governed by and construed in accordance with the laws of the United States and the State of South Carolina, without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of South Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the United States or the State of South Carolina. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in Charleston County, SC, U.S.A., for any action or proceeding arising under or relating to this Service Agreement, the Web Site, or the use of, or reliance on, any of them, whether based in contract or tort or otherwise. Entire Agreement This Service Agreement constitutes the entire agreement between you and Ad Trac Intelligence Group regarding the subject matter hereof, and supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter. Severability To the maximum extent possible, each provision in this Service Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Service Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Service Agreement.
