Terms and Conditions
In order to avail access to an online web link to the CarStory Reports on the Company’s website (“Web-Link”) and to include such Web-Link in your websites, you, the automobile dealer/User, agree to our terms and conditions for accessing the Web-Link and the CarStory Reports. Please read and accept the same.
The Company, in its sole discretion, reserves the right to modify the T&Cs from time to time, without notice by updating this link. Your continued use of the Web-Link and accessing the CarStory Reports shall constitute your acceptance of such modifications.
Responsibility of the User
By using our Web-Link and accessing the CarStory Reports, you, represent and warrant that you are an authorized automobile dealer and authorized to bind the dealership that you are representing, are over the legal age eligible for entering into a contract; and are of sound mind capable of contracting, as understood under the applicable provisions of law and have the right, authority, and capacity to accept these T&Cs and to abide by the same.
Use Of The Carstory Report
You acknowledge and agree that the CarStory Report and all its information and contents are purely being made available for use as a reference to the said report by you and your end users (being your customers and potential customers) for the purposes of creating leads or generating sales for your dealership. Apart from the right to access, use and refer, as stated hereunder, there are no other rights being assigned to you by the Company in the CarStory Reports.
You agree, to the extent that you or your agent has contributed any inventory information reflected in the CarStory Report, the use of such information shall be governed by the content agreement available at, http://www2.carstory.com/TOS
Ownership of Intellectual Property Rights
You acknowledge and agree that the content of the CarStory Reports have been created by the Company and all rights including intellectual property rights, title and interest in the same vests with the Company. All trademarks, service marks, and logos used in the CarStory Reports are the trademarks, service marks or logos of the Company or permitted by the proprietors of the said trademarks, service marks, or logos for display in the CarStory Reports and you shall not alter or attempt to alter any of the trademark notices, service marks, or logos for display in the CarStory Reports and you shall continue to retain all the said trademark notices, service marks, or logos for display in the CarStory Reports and any copies thereof.
You agree that you acquire no ownership, title, right or interest of any kind in the Company’s CarStory Reports and any other intellectual property. You shall not use the Company’s names, logos, trademarks, the CarStory Reports and any other works of authorship without the Company’s prior written consent. You shall not copy any information or content provided as a part of the CarStory Reports and the Web-Link to any other website or similar forums as your content or otherwise. You hereby agree to attribute the Web-Link and the CarStory Report to the Company.
Our warranties and disclaimer
THE COMPANY PROVIDES THE WEB-LINK AND ACCESSING THE CARSTORY REPORTS ON AN “AS IS” AND “AS AVAILABLE” BASIS.
To the fullest extent permissible under applicable law, the Company hereby disclaims all representations and warranties, express, implied or statutory, including, without limitation, all warranties of title, non-infringement, and all representations and warranties relating (a) to the adequacy, timeliness, accuracy or completeness of any information in the CarStory Reports, (b) that your use of the Web-Link and access to the CarStory Reports will be uninterrupted, error-free, or secure, (c) to any errors or defects in the CarStory Reports will be corrected, (d) the website or the servers on which the website holding the CarStory Reports is hosted are free of viruses or other harmful components, (e) the results that may be obtained from the use of the CarStory Reports shall be accurate or reliable and/or (f) merchantability and fitness of the CarStory Reports for a particular purpose.
Your use of the Web-Link and accessing the CarStory Reports will be at your sole risk. You assume total responsibility and risk for your use of, or reliance on, the CarStory Reports and any information provided in such reports. Company shall not be liable for any damage to your computer system or loss of data that may result from the download of any material from the Web-Link and/or the CarStory Reports and any loss or damage of any kind including loss of property or otherwise. No advice or information obtained by you from the Web-Link and accessing the CarStory Reports shall create any warranty not expressly stated in these T&Cs. You explicitly agree not to represent any terms to the end users of the CarStory Reports that exceed the warranties provided in these T&Cs.
Disclaimer of Damages and Limitation of Liability
You expressly understand and agree that the Company shall not be responsible or liable for any direct, indirect, incidental, special, consequential, exemplary, punitive or other losses or damages, or for any damages pertaining to loss of profits or business, loss of goodwill or reputation, loss of use or data or other intangible damages or losses, even if such party has been advised of the possibility of such damages, under any contract, tort including, without limitation, negligence and strict liability or other legal theory, howsoever caused, arising out of or relating to the Web-Link and the CarStory Reports.
Your sole remedy for dissatisfaction with the CarStory Reports is to stop accessing the CarStory Report and de-linking the Web-Link from your website. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Company to you for all damages, losses, and causes of action whether in contract, tort including and without limitation negligence and strict liability, or otherwise at any time shall be $100 (USD One hundred).
You expressly agree that you shall indemnify, defend and hold harmless the Company from and against any and all claims, allegations, demands, liabilities, losses, damages, awards, judgments or settlements, including all reasonable costs and expenses related thereto including legal fees, that may be asserted, granted, imposed or brought against the Company for claims from the end users related to any transactions between you and such end users.
These T&Cs may be terminated by either you or the Company, subject to a notice of five (5) days being provided to the other party. Such notice, where applicable, shall be provided by the Company to you directed at the email Id provided by you during the process of registration with the Company’s website; and by you to the Company directed at email@example.com. Upon termination, you will stop accessing the CarStory Report and de-link the Web-Link from your website.
These T&Cs shall be governed by and construed in accordance with the laws in the State of Texas, without regard to conflict of laws’ provisions. You hereby irrevocably consent to the exclusive jurisdiction of the courts in Travis County, Texas, for all disputes arising out of or relating to the use of the Web-Link and the CarStory Reports.
If any provision of this T&Cs is found to be unlawful, void or unenforceable, then that provision shall be deemed severable from this T&Cs and shall not affect the validity and enforceability of any remaining provisions. This T&Cs shall not be assignable or transferable by you except with the Company’s prior written consent. No waiver by the Company of any breach, default or condition hereunder shall be deemed to be a waiver of any other preceding or subsequent breach, default or condition. Any heading, caption or section title contained in this T&Cs is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This T&Cs constitutes the entire agreement between you and the Company relating to the subject matter herein and supersedes any or all prior or contemporaneous written or oral agreements.
You certify that you have read and understood the above T&Cs and that you agree to be bound by these T&Cs.
BY CLICKING THE “ACCEPT” BUTTON, OR BY USING THE WEB-LINK AND ACCESSING THE CARSTORY REPORTS, YOU INDICATE YOUR PERSONAL ACCEPTANCE AND YOUR CONCURRENCE TO BE BOUND BY THE TERMS OF THIS T&Cs. IF YOU DO NOT AGREE TO THE TERMS OF THIS T&Cs, PLEASE DO NOT CLICK ON THE “ACCEPT” BUTTON AND DO NOT USE THE WEB-LINK AND ACCESS THE CARSTORY REPORTS.