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PLEASE REVIEW
BEFORE USING THIS SITE
AUTOVOD, a California corporation, provides this Web site
(the "Site") as a service to its customers. By using
the Site, you agree to be bound by these Terms of Use. IF YOU
DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. AUTOVOD
may change these Terms of Use from time to time, at AUTOVOD's
sole discretion. Your continued use of the Site following the
posting of such changes will constitute your assent to all
such changes. Please periodically visit this section of the
Site to review the current version of these Terms of Use. AUTOVOD
also operates other Web sites which may be subject to their
own terms. Please review those Web sites for their applicable
terms of use.
SECTION 1: GENERAL PROVISIONS
USE OF INFORMATION AND SOFTWARE AVAILABLE ON THE SITE
You acknowledge that AUTOVOD reserves the right to modify,
revise or discontinue the Site, or any features, functionality
or services provided as part of or in connection with the Site,
without prior notice.
Generally speaking, all information or materials contained
on the Site, including but not limited to all graphics, images,
video clips, audio, video, images, or other types of content
(the "Site Information"), is the property of AUTOVOD
or its suppliers or licensors.
Certain portions of the Site have been designated as areas
in which registered users may post information or materials
(defined below as "Posted Information"). All such
Posted Information remains property of its respective owner.
Please see "Section 2: Posted Information" below
for further details regarding Posted Information.
Unless otherwise noted in a particular document, AUTOVOD hereby
authorizes you to electronically copy or print in hard copy
any document published by AUTOVOD on the Site solely for your
internal reference purposes within your organization. In consideration
of and as a condition to this authorization, you agree that
all such copies shall retain all copyright and other proprietary
notices contained therein.
Any other use of information provided by AUTOVOD without prior
written approval from AUTOVOD or the appropriate supplier or
licensor is strictly prohibited.
Certain documents published on the Site may contain other
restrictions, proprietary notices or copyright information
relating to that individual document, including but not limited
to notices that limit or prohibit your ability to make copies
of that document. Please review all additional notices before
making any copies.
Nothing contained in these Terms of Use shall be construed
as conferring by implication, estoppel, or otherwise any license
or right under any patent, copyright or trademark of AUTOVOD,
its suppliers or licensors, or any other third party.
Any software available to download from the Site is the copyrighted
work of AUTOVOD or its suppliers or licensors. Use of such
software is governed by the terms of any end user license agreement
that accompanies or is included with the software ("License
Agreement"). Copying the software to any other location
for further reproduction or redistribution is expressly prohibited,
unless otherwise permitted by the terms of the License Agreement.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY
NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING
YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR
INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF
APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED
TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
DESIGN AND LAYOUT
The design of the Site is the property of AUTOVOD. Elements
of the Site, including but not limited to logos, graphics,
sounds or images, are protected by copyright and other laws,
and may not be copied or imitated, unless specifically indicated.
LINKS TO OTHER SITES
Any links to other sites are provided solely for your convenience.
Such sites are not under the control of AUTOVOD, and AUTOVOD
is not responsible for their content, any changes or updates
to them, or the collection of any personal data or information
by the operators of such sites.
USER PRIVACY INFORMATION
In general, people may visit the Site while remaining anonymous
and not revealing any personal information. AUTOVOD does use "cookie" technology
to obtain non-personal information from its on-line visitors,
and to provide customization options at login, or to keep track
of where you are in the Site in order to provide the correct
customization options when you use the Site. In addition, you
may be required to provide certain personal information, such
as your name, title, address, and email, before you can participate
in certain portions of the Site. AUTOVOD does not, without
your permission, sell to third parties information you have
submitted to this Site that identifies you personally. For
a complete description of how AUTOVOD uses cookies or the information
collected from the Site, please see AUTOVOD's Privacy Policy
applicable to the Site, which is incorporated into these Terms
of Use by reference. Some portions of the Site may permit you
to post certain information about yourself if you choose to
do so. If you decide to use those portions of the Site and
post information about yourself, the information you post is,
of course, exempt from this Privacy Policy. Please see "Section
2: Posted Information" for additional information.
AUTOVOD intends to cooperate with any order from a court of
competent jurisdiction for information as to the identity of
individuals submitting or posting information to AUTOVOD or
on the Site.
USER FEEDBACK AND IMPROPER TRANSMISSIONS
Except for Posted Information or personal information, if
you transmit to or otherwise provide to AUTOVOD any feedback
(such as questions, comments, suggestions, or the like) or
data or materials ("User Feedback"), such User Feedback
shall be deemed to be non-confidential and non-proprietary.
AUTOVOD shall have no obligation of any kind with respect to
such User Feedback and shall be free to reproduce, use, disclose,
modify, display and distribute User Feedback to others without
limitation. By transmitting such User Feedback to AUTOVOD,
you are deemed to grant to AUTOVOD a perpetual, worldwide,
royalty-free, irrevocable, non-exclusive license (with rights
to sublicense) to use any ideas, concepts, know-how, or techniques
contained in such User Feedback for any purpose whatsoever,
including but not limited to developing, manufacturing and
marketing products incorporating such User Feedback. You are
prohibited from posting or transmitting to the Site any unsolicited
chain letters or "spam", or any threatening, harassing,
libelous, false, defamatory, offensive, obscene, or pornographic
material, or other material that would violate any applicable
law or regulation, including but not limited to any federal
or state laws or regulations governing equal employment opportunities.
However, if such communications do occur, AUTOVOD will have
no liability related to the content of any such communications.
Except where such information qualifies as "Posted Information," you
may not post or transmit to the Site any advertising, surveys,
promotional materials, or any other commercial or non-commercial
solicitations.
You are also prohibited from impersonating any individual.
Member accounts must be opened using real names and other requested
information.
AUTOVOD may, but is not obligated to, review or monitor areas
on the Site where users may transmit or post communications,
including discussion groups, bulletin boards, chat rooms, and
user forums. AUTOVOD is not responsible for the accuracy of
any Posted Information, including but not limited to information,
data, opinions, advice, or statements transmitted or posted
in discussion groups, bulletin boards, chat rooms, and user
forums.
DELETION AND LOCKOUT
Failure to adhere to any of these Terms of Use may result
in messages or Posted Information being blocked or deleted
from the Site, and possible lockout. AUTOVOD reserves the right
to take any additional actions it deems necessary or appropriate
to protect the Site and its content.
INTERNATIONAL INFORMATION
The Site may provide access to international data about AUTOVOD,
its suppliers or licensors, or other third parties, and therefore
may contain references or cross references to products, programs,
and services that are not available in your country. Such references
do not imply that AUTOVOD, its suppliers or licensors, or other
third parties intend to make available such products, programs
or services in your country.
LINKING AND FRAMING
You are permitted to view the Site only in its full presentation
form and are prohibited from "framing" the Site.
You may link to the Site only by linking to the home page located
at http://www.autovod.com. You are prohibited from "deep
linking" to any other pages in a manner to bypass the
home page.
VIOLATION OF TERMS OF USE
You acknowledge that AUTOVOD has the right, in its sole discretion,
to terminate your access to the Site, without liability to
you or any third party, if you violate any of these Terms of
Use, violate the rights of AUTOVOD, interfere with any other
user's access or use of the Site, or if AUTOVOD determines
that your use is otherwise detrimental to AUTOVOD, the Site,
or AUTOVOD's suppliers or licensors. If you believe that someone
has violated these Terms of Use, you may contact AUTOVOD at
info@autovod.com. AUTOVOD may decide, in its discretion, to
investigate the report and may decide, in its sole discretion,
to take any action relating to that report. AUTOVOD shall not
have any obligation or liability to you for the performance
or nonperformance of those activities.
SITE SERVICES
AUTOVOD may, from time to time, offer through the Site certain
services that may be subject to their own specific terms and
conditions ("Service Terms and Conditions"). In the
event of any conflict between those Service Terms and Conditions
and these Terms of Use, the applicable Service Terms and Conditions
shall control. Please be sure to review any applicable Service
Terms and Conditions before making use of a Site service.
GENERAL
These Terms of Use are governed by the laws of the State of
California, without regard to the rules of conflict which may
cause the laws of another jurisdiction to apply. You agree
to the sole and exclusive jurisdiction of the federal or state
courts of the State of California and agree that venue is proper
in the City of San Jose in the event of any dispute of any
kind arising from or relating to the Site, or your use or review
of it. The failure of AUTOVOD to enforce any provision or right
of these Terms of Use will not constitute a waiver of such
provision or right. These Terms of Use constitute the entire
agreement between the parties with respect to the subject matter
hereof and supersede and replace all prior or contemporaneous
understandings or agreements, written or oral, regarding such
subject matter. If for any reason a court of competent jurisdiction
finds any provision or portion of these Terms of Use to be
unenforceable, the remainder of these Terms of Use will continue
in full force and effect.
SECTION 2: POSTED INFORMATION
YOU AGREE THAT ALL POSTED INFORMATION IS RESONABLY SECURE
AND MEETS WITH YOUR SECURITY REQUIREMENTS AND STANDARDS.
AUTOVOD has reserved certain portions of the Site to permit registered
users to post materials or information, including but not limited to
training content, sales and marketing content, financial disclosure content,
demonstration materials such as video, audio, animations, graphics, images,
quizzes, opinions, comments, or questions ("Posted Information").
AUTOVOD has provided those special sections as a service to its customers
with the intent of making Posted Information available at a reasonably
secure site requiring all users to have obtained a user name and password
to access the content contained within.
By using these services and posting or transmitting to AUTOVOD
for posting such Posted Information, you thereby acknowledge
and agree that all Posted Information is reasonably secure
and meets with your security requirements and standards. You
further acknowledge and agree that AUTOVOD shall have no responsibility,
liability, or obligation to you with regard to the Posted Information,
its protection, its use or misuse in any way whatsoever by
any entity, including but not limited to AUTOVOD itself. Without
limiting the foregoing, you agree that the Posted Information
is exempt from the application of AUTOVOD's Privacy Policy.
LICENSE TO POSTED INFORMATION
By submitting the Posted Information for publication on the
Site, you grant to AUTOVOD, and its subsidiaries and affiliates,
a perpetual, worldwide, royalty-free, irrevocable, sublicenceable,
non-exclusive right to use, reproduce, display, modify, create
derivative works, and distribute, (in any format whatsoever)
the Posted Information for any purpose related to the Site.
You also hereby authorize any third party who lawfully accesses
the Posted Information via the Site to make an electronic copy
or print in hard copy the Posted Information, or portion thereof,
solely for such third party's internal reference purposes within
such third party's organization.
If your Posted Information includes links to internet sites
("Posted Links"), you are deemed, to the extent you
are able, to grant to AUTOVOD a worldwide, royalty-free, sublicenceable,
non-exclusive right to display Posted Links for so long as
the Posted Information is available on the Site. AUTOVOD requires
that Posted Links be restricted to home pages, and not "deep
links," unless the Posted Link is to an internet site
that you own, operate, or to which you are otherwise authorized
to link. AUTOVOD reserves the right in its sole discretion
to remove any Posted Links for any reason whatsoever.
Inclusion of any links (Posted Links or others) in Posted
Information does not imply any endorsement by or responsibility
of AUTOVOD with regard to the contents of sites related to
User Links.
USE AND MONITORING OF POSTED INFORMATION
The decision to make your information available as Posted
Information, or to use or respond to Posted Information made
available by others, is yours alone. AUTOVOD has only made
a portion of the Site available for the publication, distribution,
and review of Posted Information. AUTOVOD is not involved in
or responsible for any transaction between users who submit
Posted Information, and users who view or use such information.
Without limiting the generality of the foregoing, AUTOVOD is
not responsible for any employment, hiring, purchase, lease,
rent, or any other decisions whatsoever made by any person
or entity with regard to the Posted Information contained in
the Site.
In addition, please note that AUTOVOD cannot confirm the true
identity of any user, i.e., that any user is who they say they
are. You assume all risks relating to any dealings you may
undertake with anyone you encounter through the Site. AUTOVOD
has no obligation to review, screen, or edit any Posted Information,
either in advance, or after posting. AUTOVOD may post the Posted
Information as submitted by the person registered to post the
information, but will not accept any responsibility or liability
for the accuracy of or any omissions in such Posted Information.
Inclusion of Posted Information on this Site does not imply
any endorsement by AUTOVOD of the Posted Information.
AUTOVOD reserves the right, in its sole discretion, to take
any actions with respect to Posted Information that it deems
are in the best interests of AUTOVOD or the Site, including
but not limited to rejecting Posted Information, removing Posted
Information, or revoking the access of any user who violates
these Terms of Use.
USER REPRESENTATIONS AND WARRANTIES
AUTOVOD respects the intellectual property rights of others,
and expects its users to do the same. Users are prohibited
from posting anything on the Site that violates the intellectual
property rights of others.
Therefore, by registering or submitting Posted Information,
you hereby represent and warrant: a) You have all right, title,
and interest to such Posted Information, including but not
limited to any consent, authorization, release, clearance or
license from any third party (such as, but not limited to,
any release related to rights of privacy or publicity) necessary
for you abide by these Terms of Use and make the Posted Information
available; b) That such Posted Information does not violate
or constitute the infringement of any patent, copyright, trademark,
trade secret, right of privacy, right of publicity, moral rights,
or other intellectual property right recognized by any applicable
jurisdiction ("Intellectual Property Rights") of
any person or entity, or otherwise constitute the breach of
any agreement with any other person or entity; c) That you
are who you say you are, that you have not submitted fictitious,
false or inaccurate information about yourself, and that all
information contained in such Posted Information is true and
your own information; and d) That such Posted Information does
not contain any threatening, harassing, libelous, false, defamatory,
offensive, obscene, or pornographic, material, or other material
that would violate any other applicable law or regulation.
By reviewing or using the Posted Information, you represent
and warrant: a) That you will only use it for lawful purposes;
b) That your use will not violate or constitute the infringement
of the Intellectual Property Rights of AUTOVOD or any other
person or entity or otherwise constitute the breach of any
agreement with any other person or entity; and c) That your
use will not constitute an unlawful, threatening, harassing,
libelous, false, defamatory, offensive, obscene, or pornographic
use, or otherwise violate any other applicable law or regulation.
If you believe that any Posted Information infringes your
copyrighted works, you may provide a notification of claimed
copyright infringement to AUTOVOD's Designated Agent for copyright
complaints. Please see our Copyright Complaint Policy for further
information.
SECTION 3: DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION
For avoidance of doubt, please note that the term "Site" as
used in Section 3 encompasses all content of this Site whatsoever,
including but not limited to Posted Information.
DISCLAIMERS
THE SITE IS PROVIDED BY AUTOVOD "AS IS" AND WITH
ALL FAULTS. AUTOVOD AND ITS AFFILIATES MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD
TO THE SITE, ITS CONTENTS, ITS OPERATION, OR ITS PRIVACY POLICY.
TO THE FULLEST EXTENT PERMITTED BY LAW, AUTOVOD AND ITS AFFILIATES
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, AUTOVOD SPECIFICALLY STATES
THAT THE USE OF THE SITE IS AT YOUR OWN RISK. AUTOVOD AND ITS
AFFILIATES DISCLAIM ANY WARRANTY WITH REGARD TO THE OPERATION
OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS
CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN,
ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION
OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES
OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE
TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY
THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION
AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AUTOVOD
SPECIFICALLY INFORMS YOU THAT AUTOVOD AND ITS AFFILIATES MAKE
NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY,
TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AUTOVOD OR ITS AFFILIATES OR
THEIR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL,
INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR
LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING
BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION
OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO
USE THE SITE, OR THE USE OR INABILITY TO USE ANY OTHER SITE
LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE,
OR THESE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO
THIS SITE) EVEN IF AUTOVOD AND ITS AFFILIATES, THEIR SUPPLIERS,
OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE
LIABILITY OF AUTOVOD, AND ITS AFFILIATES, AND THEIR SUPPLIERS
AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify, hold harmless, and defend AUTOVOD
and its licensors, suppliers, officers, directors, employees,
agents, and affiliates (collectively "Indemnified Parties")
from and against any and all liability, loss, claim, damages,
expense, or cost (including but not limited to attorneys' fees),
incurred by or made against the Indemnified Parties in connection
with any claim arising from or related to your use of Site,
the placement, posting or transmission of any messages, information,
software, content or other materials on or through the Site
by you or users of your account, or any breach or violation
of these Terms of Use by you or users of your account. You
agree to fully cooperate as reasonably required by an Indemnified
Party. Each Indemnified Party may, at its own expense, assume
the exclusive defense and control of any matter for which it
is indemnified hereunder. You shall not settle any matter without
the consent of the applicable Indemnified Party.
Last Updated: June 27, 2002
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