Terms and Conditions of Use
Your use of this site and/or any of the products or services offered on our site (collectively, the "Services") is subject to these Terms and Conditions of Use (these "Terms"). We may modify these Terms at any time without notice to you, but by posting revised Terms on our sites. Your use of our site constitutes your binding acceptance of these Terms, including any modifications that we make.
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
Limitations of Use: All material published on our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, tools, calculators, flash animation, and other content contained herein, are the property of SmarterMotors.com and is protected by the United States and international copyright law. All rights to such materials are reserved to their respective copyright owners.
Permission is granted to download, view, copy, and to print in hard copy portions of this web site solely for personal, informational, and non-commercial uses. Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of SmarterMotors.com is strictly prohibited.
Unlawful or Prohibited Use: As a condition of your use of the Site, you warrant to SmarterMotors.com that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Use Of Communication Services: The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
SmarterMotors.com has no obligation to monitor the Communication Services. However, SmarterMotors.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SmarterMotors.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
SmarterMotors.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SmarterMotors.com's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SmarterMotors.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, SmarterMotors.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SmarterMotors.com spokespersons, and their views do not necessarily reflect those of SmarterMotors.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided and/or Posted to Site: SmarterMotors.com does not claim ownership of the materials you provide to SmarterMotors.com (including feedback and suggestions) or post, upload, input or submit to any Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SmarterMotors.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. SmarterMotors.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SmarterMotors.com's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Disclaimer: This web site and any site linked from this site are provided on an "as is" basis. SmarterMotors.com expressly disclaims all warranties and responsibilities for any loss, injury, claims, liability, or damage as a result of the use of this site or any site linked from this site. SmarterMotors.com is not responsible for any errors, omissions, and inaccuracies listed on this or any associated sites.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER WE NOR ANY OF OUR PARTNERS MAKE ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT OR ANY OF OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK TO THE QUALITY AND PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NONE OF OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Third Party Content: Our site contains links to other internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third party content or a link to a third party site is not an endorsement of that content or third party site.
We do not sell, resell or license any of the services we review or list on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.
Minors: Any person under the age of 18 is not eligible to use this site and/or our services. We request that minors do not submit any personal information or process any orders through SmarterMotors.com.
Indemnification: You agree to indemnify and hold SmarterMotors.com its officers, directors, employees, shareholders, agents, and affiliates harmless from any and all claims resulting from any loss, damage, injury, if any and every nature, whatsoever, including attorney fees, expert witness fees, special or consequential damages, resulting from or any way connected with your access and/or use of the site.
Limitation of Liability: SmarterMotors.com is not liable for any injury, claim, liability, or damage of any kind resulting from the use of this site. If you are not satisfied with our service please contact our Customer Support Department at Support@SmarterMotors.com and we will take every reasonable effort to provide you with satisfaction.
Severability: If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Venue: This agreement shall be governed by the laws of the State of California. Since SmarterMotors.com provides no warranties and limit our liabilities, there should be little reason to have a grievance with us. However, should a legal action be brought, you and SmarterMotors.com exclusively and irrevocably agree it shall be instituted in a state or federal court in California, and in the County of Los Angeles, within one (1) year after such claim or cause of action arose or be forever barred. As a disincentive for unwarranted litigation, you and SmarterMotors.com agree that if you sue us and do not win, you will pay for our defense costs, including, but not limited to, reasonable legal fees for both in house and outside counsel.
Acceptance: By using this site and/or any services related herein, you agree that you have read, understand, and agree to the terms and conditions of use. Furthermore, by using SmarterMotors.com you hereby agree that regardless of where you reside or where your web browser is located, the use of SmarterMotors.com's website and/or services shall have the same effect as if you have physically traveled to the County of Los Angeles, State of California to view our site and/or obtain such services and that the laws of California shall govern any disputes arising from the use of SmarterMotors.com's web site. You agree that the courts of the County of Los Angeles in the State of California shall have exclusive jurisdiction over any disputes arising from the use of SmarterMotors.com's web site.