Terms of Use

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Effective Date: November 26, 2013

 

Welcome to DalePollak.com, a website owned and operated by vAuto, Inc (“vAuto”).  These terms of use (“Terms”) are for employees and representatives of motor vehicle dealerships, manufacturers and other business entities.  Unless explicitly stated otherwise, any features or services added to this website are also subject to these Terms.  By accessing this website, you agree that you are at least eighteen (18) years of age and are bound by these Terms and by our Privacy Statement, which is incorporated by reference into these Terms.

vAuto may change the Terms from time to time in its sole discretion and will revise the effective date when it does so.  Your continued use of this website after the posted effective date constitutes your acceptance of the Terms as revised, provided, however, that revisions to the Terms do not apply to any dispute arising prior to their effective date.

Description of Service. The Website is operated only as a forum and research service; vAuto is not a party to any transaction between vehicle buyers and sellers. The Website may contain advertisements, resources and other content, including user-generated content, (collectively, the “Content”).

The Content is for your general informational purposes only.  The Content may include errors or omissions, and it may include material collected from and provided by third parties that we have not verified or reviewed.  We make no guarantees regarding the accuracy or reliability of any of the Content, and you should not rely on it without independent verification.  However, we make an effort to provide high quality, useful information to our users, and we invite you to bring to our attention any material that you believe to be inaccurate by contacting our Customer Service Manager at [email protected] or at vAuto, 3003 Summit Blvd, Suite 200, Atlanta, Georgia 30319.

We reserve the right at any time to modify, update, suspend or discontinue all or part of this website and/or the Content, including your account(s) and any content that you create, with or without notice to you.  You agree that vAuto will not be liable to you or to any third party for any such modification, suspension or discontinuation.

Ownership and Permissions. This website and the Content are the property of vAuto, its affiliates and licensors, and are protected by U.S. copyright laws, international conventions and other copyright laws.  vAuto®, Velocity®, Provision, Redwagon, Autowriter, Real Deal, Live Market View, and Automatch Technology are registered trademarks of  vAuto. The names of other products and services on this website may be the trademarks of their respective owners.  The Content and any trademarks and service marks on this website shall at all times remain the property of vAuto, its affiliates or third party owners. 

Except as explicitly provided in these Terms, you may not sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from or otherwise exploit any part of this website or any of the Content.  You may not use automated means, such as robots, screen scrapers or spiders, to collect and/or index any of the Content.  You may display, print or save a single copy of any page of this website or a single copy of any downloadable report, brochure, research paper, presentation or other downloadable document for your own use, but you may not otherwise reproduce any of the Content without the written consent of the owner.  You may not store any significant portion of, or distribute copies of, the Content in any form (including electronic form), without vAuto’s prior written consent.  To request consent, contact our Customer Service Manager at [email protected] or at vAuto, 3003 Summit Blvd, Suite 200, Atlanta, Georgia 30319.

You may place on your website a hyperlink to the homepage of this website as long as nothing about the link or the context in which it is placed states or implies any endorsement or sponsorship of you, your company or your website by vAuto.  You may not frame any part of this website, nor incorporate into another website, application or service any intellectual property of vAuto, its affiliates or its licensors.

We may terminate your access to this website if you appear to have infringed the intellectual property rights of others, and/or we may remove material that has prompted a complaint of infringement or appears to us to be infringing. If you believe that your intellectual property rights have been infringed by content posted or distributed via the website, please notify us by sending an email to [email protected] or by sending a notice by U.S. Mail to: vAuto, Inc., 3003 Summit Boulevard, Suite 200, Atlanta, Georgia 30319, Attn:  Legal Department/Copyright.

User-Generated Content. This website includes social media tools and other interactive areas where you and other users may post material accessible to others or transmit communications to others.  You assume total responsibility and risk for your use of these social media tools and interactive areas.  You acknowledge that any of the Content posted or transmitted through these social media tools or in these interactive areas represents the views of the author, and not of vAuto.  You also acknowledge that your use of or reliance on such Content is at your own risk.

User Conduct. When using any of these social media tools or interactive features, you agree that you will not post or transmit:

1. any copyrighted material unless you own or control the copyright in and to such material;

2. material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule or regulation;

4. material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark or other intellectual property rights;

5. profanity in subject lines, messages or signatures;

6. any material containing viruses, Trojan horses, worms or any other disruptive or harmful component;

7. material that breaches another’s privacy, i.e., containing phone numbers, addresses or other personal information;

8. spam, including but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, material that is unrelated to the forum in which it is posted;

9. materials that contain advertisements or commercial solicitations;

10. materials that discuss illegal activities or links to websites that deal with such activities.

You further agree that you will not attempt or do any of the following:

1. interfere with or disrupt this website, vAuto or our computer systems, servers or networks;

2. attempt to gain unauthorized access to any part of this website, to accounts that belong to other users, or to computer systems or networks connected to this website;

3. engage in any systematic extraction of data or data fields, including, without limitation, email addresses;

4. collect information about others without their consent;

5. interfere with the use of this website by any other individual or party;

6. impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or

7. share any user name and/or password you have on this website with any other person.

Without limiting any of vAuto’s other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on this website and a ban from creating new accounts on this website.

Modifications and Deletions. vAuto reserves the right, but shall have no obligation, to monitor, remove, edit or move any user generated content at any time, without notice, in its sole discretion.  If you feel that posted material is objectionable, you may report it to us.  We may review it and decide in our sole discretion to remove or edit it, but are under no obligation to do so.

License to vAuto. You acknowledge that by transmitting or posting material via this website, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, modify, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use or distribute, at no cost whatsoever to us, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose.  The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark or patent laws that exist in any applicable jurisdiction.  Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or user name.  You will not receive any compensation of any kind for the use of any material you transmit or post via this website.

Survey Responses, Feedback and Other Communications with Us. By submitting ideas, survey responses, feedback, suggestions, comments, documents and/or proposals to vAuto (either directly or through our third-party service providers) through surveys, the “contact us” form, email or other communications, you acknowledge and agree that such communications: (a) do not contain confidential or proprietary information; and (b) automatically become the property of vAuto without any obligation of vAuto to you.  You agree that vAuto shall be entitled to use, copy, modify, disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute the content of any of your communications with us for any purpose, in any way, in any media worldwide, and that you are not entitled to any compensation or reimbursement of any kind under any circumstances with respect to your communications with us.

Your Account(s) and Registration(s). In the event that you create an account on this website or register for any service offered through this website, you agree to provide accurate, current and complete information about yourself and, if applicable, your company, and to update that information if it changes.  Failure to provide accurate and timely information may result in your account being closed and/or your access to the Content or this website provided through your account being suspended or discontinued. 

Your right to use this website is personal to you and you may not sublicense, transfer, sell or assign this agreement to any third party without our approval.  Any attempt to do so will be void.  You agree that you are responsible for all use of your account (under any name or password), and you agree that vAuto can assume that any communication from your account using your account name and password came from you.

As part of the process of creating an account or registering for a service provided through this website, you will choose a password.  It is your responsibility to keep this password confidential.  If you find out that your password or account is being used by someone else, or you discover any other breach of security, you agree to notify our Customer Service Manager immediately at vAuto, 3003 Summit Blvd, Suite 200, Atlanta, Georgia 30319.

vAuto reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Statement.

Termination. You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to all or part of this website.  Some of the reasons for such termination may include, but may not be limited to, (a) a breach or violation or suspected breach or violation of these Terms or other incorporated agreements or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of this website, (d) technical or security issues, or (e) fraudulent or illegal activities.  All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to this website or the Content.

Links and Widgets. This website may include links or widgets to other websites or to applications that we do not control.  We are not responsible for the content, products or services available through these websites or applications, which are subject to their own terms of use and privacy policies.  Such links and widgets are for your convenience and do not imply our endorsement.  You release vAuto, Inc. from any damages that you may incur, and agree not to assert any claims against us, arising from your use of any third-party websites or applications or from your purchase or use of third-party products and services.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK.  VAUTO PROVIDES THESE SERVICES TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.  VAUTO AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

VAUTO AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITES WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE CONTENT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF THE CONTENT AND OF ANY PRODUCTS OR SERVICES ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS; (v) SERVERS THAT MAKE THE CONTENT AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (vi) ANY ERRORS WILL BE CORRECTED.

LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VAUTO AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VAUTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITES OR THE CONTENT OR THE USE OF ANY MATERIAL MADE AVAILABLE THROUGH ANY OTHER WEBSITE OR SERVICE ACCESSIBLE FROM THE WEBSITES.  WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT VAUTO IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS OR ILLEGAL CONDUCT OF YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING ON, FROM, OR IN CONNECTION WITH THE WEBSITES OR THE CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.

INDEMNITY AND RELEASE. When you use this website, you are agreeing to indemnify vAuto, its owners, shareholders, subsidiaries, affiliates, officers, employees, partners and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from or related in any way to your use of this website or the Content, including any content you provide, or any breach of these Terms.

Miscellaneous. These Terms and the relationship between you and vAuto shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.  By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts of Fulton County, Georgia in all disputes arising out of or relating to this agreement or the use of this website.

Reporting Violations of These Terms. Please report any violations of these Terms to our Customer Service Manager at [email protected] or at vAuto, 3003 Summit Blvd, Suite 200, Atlanta, Georgia 30319.