Terms of Service

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THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE SERVICES PROVIDED ON THIS WORLD WIDE WEB SITE LOCATED AT iseecars.com (THE "SITE") OF iseecars.com ("iseecars.com"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. iseecars.com reserves the right to revise these Terms at any time and we shall notify you of such revisions by posting an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms at http://www.iseecars.com/Terms.jsp. Your continued use of the Site shall constitute your consent to such changes.

General Use Restrictions

iseecars.com and its licensors retain all rights in the information, documents, products, software and services provided on this Site, including trademarks, logos, graphics and images (the "Materials"). iseecars.com grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site on such computer, provided that: (1) both the iseecars.com copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded and (2) such display, copy or download is solely for your personal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media to any third party, or otherwise used or distributed for any commercial purpose). You acknowledge and agree that you have no right to, and will not, modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.

You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials on this Site on any other server or Internet-based device without the advance written authorization of iseecars.com or the owner of such Material, respectively.

Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials or any Third Party Content (as further described below) on any legal basis, without the advance written authorization of iseecars.com.

Third Party Content

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of iseecars.com (the "Third Party Content"). iseecars.com does not endorse or approve and is not responsible for monitoring, reviewing or the accuracy, completeness or reliability of any opinion, advice, information or statement made on this Site and you agree that you shall have no right of recourse against iseecars.com for any liability arising out of your use (or lack thereof) of such Third Party Content.

Availability

iseecars.com will not be responsible for any downtime or unavailability of the Site. iseecars.com reserves the right to alter, modify or discontinue the Site or any content or services therein at any time without notice.

Links To Third Party Sites

This Site includes links to other World Wide Web sites or resources ("External Web Sites"). iseecars.com does not control, endorse or approve such External Web Sites or any services, resources, products or content available therein. Because iseecars.com has no control over External Web Sites, you acknowledge and agree that iseecars.com is not responsible for anything relating to, or any results of, your use of or access to such External Web Sites or any services, resources, products or content therein. You further acknowledge and agree that iseecars.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any External Web Sites or any services, resources, products or content therein. Finally, such External Web Sites usually have their own terms and conditions, including privacy policies, over which iseecars.com has no control and which will govern your rights and obligations with respect to the use of those External Web Sites. You use such External Web Sites at your own risk, so iseecars.com encourages you to read and consider all such terms, conditions and policies before providing any information or using any services, resources, products or content available on any External Web Sites.

Privacy Policys

Any information you may supply to us via this Site is governed by the iseecars.com Privacy Policy that is available at (the "Privacy Policy").

Submissions

You acknowledge that you are responsible for the information and material that you submit to the Site (each a "Submission"), and that you, and not iseecars.com, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. By making any Submission, you represent and warrant that such Submission will not infringe, misappropriate or otherwise violates the rights of any other party, and shall comply with all laws and regulations; you agree to indemnify and hold iseecars.com harmless from any breach of the foregoing. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that iseecars.com shall be free to use, incorporate or disseminate a Submission on an unrestricted basis for any purpose without payment to any party. If you submit information to the Site, you grant iseecars.com a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, use, copy, exploit, and prepare derivative works of the Submission. YOU RETAIN ALL OTHER OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO iseecars.com.

Trademarks

The trademarks, service marks, brands, names, logos and designs ("Trademarks") of iseecars.com or others used on this Site are the property of iseecars.com or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of iseecars.com or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site, including but not limited to, the look and feel of the Site, text elements, site design, graphics, images, sound or video materials, and icons, as well as the selection, assembly and arrangement thereof, are the sole property of iseecars.com or its licensors, Copyright ? 2004-2005 iseecars.com, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material or the Trademarks is strictly prohibited without the express written consent of the owner.

Copyrights and Designated Agent for Notification of Claims of Infringement

iseecars.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the claim of infringement in writing to iseecars.com's designated agent with the following information: (1) a signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

iseecars.com's designated agent for notice of claims of copyright infringement:

Under the appropriate circumstances, it is iseecars.com's policy to remove and/or to disable access from the Site to web pages of repeat infringers, to terminate subscribers and account holders who are repeat infringers, and to remove and/or to disable access from the Web Site to web pages as to which there have been steps taken for the purpose of affecting iseecars.com's search results such as adding inappropriate "meta-tags."

Disclaimer of Warranty

You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by iseecars.com, and agree that iseecars.com does not warrant the accuracy, completeness or timeliness of the Materials and further agree that iseecars.com has no liability for any errors or omissions in the Materials, whether provided by iseecars.com or its licensors.

iseecars.com, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND ANY THIRD PARTY CONTENT. iseecars.com DOES NOT WARRANT THAT YOUR USE OF THE WEB SITE, OR THE OPERATION OR FUNCTION OF THE WEB SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

Limitation of Liability

NEITHER iseecars.com NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED OR LOSS OF USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS iseecars.com LIABILITY OR YOUR REMEDIES. THE MATERIALS ON THE SITE, OR OTHERWISE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF iseecars.com WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless iseecars.com, its affiliates, officers, directors, employees, and agents from and against any claims, actions, liability, damages and/or demands, including, but not limited to, reasonable legal and accounting fees, made by any third party due to or resulting from (1) your use of the Site and/or; your connection to the Site; (2) your violation of the rights of others, these Terms, or any intellectual property or other right of any person or entity; or (3) any intellectual property infringement by any other user of your account, if an account has been assigned to you.

General

iseecars.com controls and operates this Site from its headquarters in Andover, MA and makes no representation that the Materials or any Third Party Content on the Site are appropriate or will be available for use in locations other than the United States. If you use this Site you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Santa Clara County, California. These Terms are personal to you and you may not transfer, assign, or delegate these Terms to anyone without the express written permission of iseecars.com. Any attempt by you to assign, transfer, or delegate these Terms without the express written permission of iseecars.com shall be null and void. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of iseecars.com to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by iseecars.com in writing. These Terms comprise the entire agreement between you and iseecars.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.