ALG TERMS OF SERVICE
1. ACCEPTANCE OF TERMS.
ALG, Inc. (“ALG”, “we”, “us”, or “our”) provides users with online automotive information, as well as related services, with the ability to purchase certain products and/or services, that can be accessed from or through this website (collectively, “Services”). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use, or if applicable, purchase of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services. These Terms of Service also apply to any framed version of this website.
Your use of certain materials and features of this website, and/or the Services, and/or the purchase of certain products and/or services through this website, may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms of Service.
This website is controlled and operated by ALG from its offices within the United States. ALG makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
2. USER CONDUCT
Except if stated otherwise in a written agreement between you and ALG signed by ALG, you are only authorized by ALG to access and use the Services, including the information on this website, solely for informational purposes. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without ALG’s express prior signed written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited.
You agree not to use the Services, including this website, for any unlawful purpose.
In order to access certain features of this website you may be required to register. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify ALG in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. You agree not to modify the Services or use modified versions of the Services (except if modified by ALG), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by ALG for use in accessing the Services.
All information provided on this website is for informational purposes only, and/or where applicable, to purchase Services. In addition, the availability, quality, or safety of vehicles, is not guaranteed or controlled by ALG, and ALG also assumes no responsibility for the foregoing. The information listed as to a vehicle may exclude sales tax, finance charges, title, license, regulatory, dealer, documentary, emission testing, and/or compliance fees, and/or other items. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding vehicle residual value, depreciation, availability, condition, pricing, and the like are not the responsibility of ALG. You are encouraged to thoroughly review any documents relating to the purchase or lease of a vehicle or of other products or services.
We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to email@example.com.
ALG is not a vehicle seller, a broker or agent for vehicle sellers, nor a provider of, or broker or agent for other automotive-related products or services offered by third parties. ALG may receive a fee paid to it from purchasers or licensees of ALG’s products and/or services.
5. NO COMMERCIAL USE OF SERVICES
Except if you have a separate written agreement with ALG signed by ALG specifying such, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.
6. RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES
ALG reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. ALG also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that ALG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
7. DISCLAIMER OF WARRANTIES; EXCLUSIONS AND LIMITATION
THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED OR EXPRESS WARRANTIES OF ACCURACY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT. IN ADDITION, ALG DOES NOT MAKE ANY REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ALG OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
You will indemnify, defend and hold harmless ALG and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “ALG Entities”) from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Claim against an ALG Entity, subject to such ALG’s Entity’s right to participate with counsel of its own choosing, at its own expense; provided that solely at the option of an ALG Entity, the ALG Entity shall take over sole defense of a Claim, in which case upon request of an ALG Entity, you shall reimburse the ALG Entity for all costs and expenses arising out of or in connection with a Claim. Whether or not you or an ALG Entity is defending a Claim, you are solely responsible for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against an ALG Entity, provided that you will not agree to any settlement that imposes any obligation or liability on an ALG Entity without its prior express written consent.
9. LIMITATION OF LIABILITY/ WAIVER
IN NO EVENT SHALL THE ALG ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND/OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES (OR PART THEREOF) AND/OR THIS WEBSITE IS TO STOP USING THE SERVICES AND/OR WEBSITE.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE ALG ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS FOR SUCH MAY NOT APPLY TO YOU.
ALG may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You agree that ALG will have no liability associated with or arising from your failure to maintain and supply ALG with accurate information, including (i) contact information about yourself, and (ii) your failure to receive important information and updates about the Services or this website.
12. ALG TRADEMARKS AND INTELLECTUAL PROPERTY
You agree that all of ALG’s trademarks, trade names, service marks, logos, brand features, and product and service names are trademarks and the property of ALG, Inc., and that you will not display or use any of the foregoing without ALG’s prior written approval in each instance.
You agree that the Services contain proprietary information that is protected by applicable intellectual property and other laws in favor of ALG. You further agree that content and/or information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
13. COPYRIGHT OR INTELLECTUAL PROPERTY COMPLAINTS
ALG respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
• a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
• a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
• a description of where the material that you claim is infringing is located on our website;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:
Attn: Legal Department
3760 State Street, Suite 200
Santa Barbara, CA 93105
14. CHOICE OF LAW; VENUE; CLASS ACTION WAIVER.
These Terms of Service and the relationship between you and ALG are governed by the laws of the State of California without regard to its conflict/choice of law provisions and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to these Terms of Service, or the relationship between you and ALG, shall be brought exclusively in the state or federal courts located in the County of Santa Barbara, California, or located in the County of Los Angeles, California. You and ALG waive any and all objections to the exercise of jurisdiction over the parties by such courts and venue in such courts. ANY CLAIM AGAINST ANY OF THE ALG ENTITIES SHALL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. AS SUCH, YOU AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION SUIT AGAINST ANY OF THE ALG ENTITIES. You may not be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, including this website, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. GENERAL INFORMATION
These Terms of Service may be amended from time to time without notice in ALG’s sole discretion. Any changes to these Terms of Service will be effective immediately upon the posting of the revised Terms of Service on this website. Except if you have a separate written agreement signed by ALG specifying such, these Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and ALG and govern your use of the Services, including this website, and supersede any prior version of these Terms of Service between you and ALG with respect to the Services. The failure of ALG to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Please report any violations of these Terms of Service to firstname.lastname@example.org Questions regarding these Terms of Service should be sent to email@example.com.
Last updated on and effective as of July 5, 2012.
3760 State Street, Suite 200
Santa Barbara, CA 93105