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Terms
and Conditions
THE
FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH
USERS MAY USE SPERRY AUTO GROUP’S WEB SITE.
Welcome to
Sperry Auto Group’s Web Site. These terms and
conditions govern your use of Sperry Auto Group’s
website. Any information contained herein is susceptible
to change and may be changed at the company’s
discretion.
Amendments. The owners of Sperry Auto Group may
amend, modify or suspend these Terms and Conditions or
any service provided at the Sperry Auto Group’s Web Site
at any time without liability by posting the amended
terms on Sperry Auto Group’s Web Site. The amended terms
or suspension of any service described in this Terms and
Conditions shall be effective automatically immediately
after they are initially posted on Sperry Auto Group’s
Web Site.
Resale
or Commercial Use of Service. Each user's right to
use the services provided on Sperry Auto Group’s Web
Site is personal. Each user agrees not to resell or make
any commercial use of these services without the express
written consent of the owners of Sperry Auto Group’s Web
Site. Each user acknowledges that the content appearing
on Sperry Auto Group’s Web Site may be protected by
copyrights, trademarks or other proprietary or personal
rights and that the use of such content will be governed
by the laws which create those rights and provide for
their enforcement. Each user agrees that without the
prior written consent of the operator of Sperry Auto
Group’s Web Site, no user shall resell any service on
Sperry Auto Group’s Web Site or use any service provided
on Sperry Auto Group’s Web Site for the transmission of
commercial solicitations or for the receipt of
responses. Each user agrees not to upload, transmit,
reproduce, distribute or participate in the transfer or
sale of, or in any way exploit any, content obtained
from any service provided on Sperry Auto Group’s Web
Site for a commercial purpose. Each user agrees not to
forge communications transmitted through any service
provided on Sperry Auto Group’s Web Site.
Indemnification. Each user agrees to indemnify and
hold the owners of Sperry Auto Group’s Web Site (and its
officers, directors, employees, agents and contractors)
harmless from any claims (including attorney's fees),
demands, liabilities, obligations or damages (actual and
consequential) of every kind and nature, known or
unknown, accrued or unaccrued, fixed or contingent,
disclosed or undisclosed, made by any third party due
to, arising out of or in any way connected with, such
user's use of any service provided on Sperry Auto
Group’s Web Site (including any violation of any
intellectual property right or any other right of any
person or entity) or any violation or infringement of
these Terms and Conditions by such user or any other
person using any service provided on Sperry Auto Group’s
Web Site through such user's computer or registration
information.
Personal Information. Personal information includes
any information any particular user transmits to Sperry
Auto Group’s Web Site or through any e-mail ("Personal
Information"). With respect to Personal Information:
Each user
is solely responsible for Personal Information. The
owners of Sperry Auto Group’s Web Site may take any
action with respect to such information it deems
necessary or appropriate, in its respective sole
discretion, if the operator believes such information
may create liability for Sperry Auto Group’s Web Site or
may cause the loss (in whole or in part) of the services
of suppliers. Each user agrees to notify the operator of
Sperry Auto Group’s Web Site of any change in any of
Personal Information to the extent such change affects
completion of any transaction on Sperry Auto Group’s Web
Site.
Personal
information and all items that are the subject of any
transaction for which the services provided on Sperry
Auto Group’s Web Site are utilized: (a) shall not be
fraudulent or involve the sale of counterfeit or stolen
items; (b) shall not infringe any third party's
copyright, patent, trademark, trade secret or other
proprietary right or right of publicity or privacy; (c)
shall not violate any law, statute, ordinance or
regulation (including without limitation those governing
export control, consumer protection, unfair competition,
anti-discrimination or false advertising); (d) shall not
be defamatory, trade libelous, unlawfully threatening or
unlawfully harassing; (e) shall not be obscene or
contain child pornography or, if otherwise harmful to
minors, shall be posted only in the Adults Only section
and shall be distributed only to people legally
permitted to receive such content; (f) shall not contain
any viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines that
are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system,
data or personal information; and (g) shall not link
directly or indirectly to, or include descriptions of,
items or services that: (i) are prohibited under this
Terms and Conditions; or (ii) such seller does not have
a right to link to or include.
Solely to
enable the owners of Sperry Auto Group’s Web Site to use
Personal Information, so that the owners of Sperry Auto
Group’s Web Site is not violating any rights a
particular user might have in Personal Information, each
user agrees to grant to the owners of Sperry Auto
Group’s Web Site a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free right, including the right to
sublicense (through multiple tiers), to exercise the
copyright and publicity rights (but no other rights)
each user has in their Personal Information, in any
media now known or not currently known. The owners of
Sperry Auto Group’s Web Site will only use Personal
Information in accordance with the then current Privacy
Policy for each site.
Limitation of Liability. THE OWNERS OF SPERRY AUTO
GROUP’S WEB SITE ALONG WITH ITS AFFILIATES SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE ANY SERVICE PROVIDED ON SPERRY AUTO
GROUP’S WEB SITE OR FOR THE COST OF PROCUREMENT OF
SUBSTITUTE ITEMS AND SERVICES RESULTING FROM ANY SERVICE
ON SPERRY AUTO GROUP’S WEB SITE OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR
DATA, INCLUDING BUT NOT LIMITED TO, CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES OR DAMAGES FOR LOSS OF
PROFITS, INCOME, USE, DATA OR INTANGIBLES OR PUNITIVE
DAMAGES, EVEN IF THE OWNERS OF SPERRY AUTO GROUP’S WEB
SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
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