Terms of Use | Vehicle

The following Terms and Conditions of Use (the â€œTerms of Useâ€) cover use of the Vehicle website and any related subdomains (the â€œSiteâ€), located at www.vehicleagency.com. By using the Site, you are agreeing to this Terms of Use.

Vehicle Agency LLC (â€œCompanyâ€) reserves the right to change, modify, add or remove portions of this Terms of Use, at any time. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

1. Passwords/Security:

You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Site. You agree that you will be solely responsible to Company for all activities that occur under your account and Company is not liable for any loss or damage arising from any unauthorized access or use of your username and password. If you become aware of any unauthorized use of your username and/or password, you agree to notify Company immediately.

2. User Conduct:

a. You agree to use the Site only for lawful purposes.

b. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or any Site content.

c. You agree not to access (or attempt to access) any portion of the Site by any means other than through the interface that is provided by Company, unless you have been specifically allowed to do so in a separate agreement with Company. This includes any area of the Site or content in the Site that you know or reasonably should know that you have not been given permission to access.

d. You agree to not use any automatic scripts, â€œspidersâ€ or any similar device or methodology to circumvent the navigational structure and/or permissions in the Site, unless you have been specifically allowed to do so in a separate agreement with Company. You agree to not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach or attempt to circumvent the security or authentication measures on the Site or any network connected to the Site.

e. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity.

f. You are entirely responsible for all content that you upload, post or otherwise transmit via the Site. You agree not to upload, post or otherwise transmit content that: (a) includes unauthorized disclosure of personal information; (b) includes any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or any other proprietary rights; or (c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Company reserves the right to edit or remove any content.

3. INDEMNITY:

You agree to indemnify and hold Company and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your content, your use of or connection to the Site (including any use by you on behalf of your employer), your violation of this Terms of Use, or your violation of any rights of another.

4. DISCLAIMER OF WARRANTIES:

4.1 YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE.

4.2 COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.

4.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

5. LIMITATION OF LIABILITY:

TO THE FULL EXTENT PERMITTED BY LAW, COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF COMPANY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT INCLUDING NEGLIGENCE.

6. FORCE MAJEURE:

Company shall not be liable for any delay or default in performing its obligations in this Terms of Use if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond its reasonable control.

7. Governing Law; Jurisdiction; Attorney’s Fees:

This Terms of Use will be governed by, and construed in accordance with, the laws of the State of Washington as applied to contracts performed therein but without reference to its choice of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. Each Party (You and Company) hereby irrevocably consents to exclusive personal jurisdiction and venue in the state and federal courts located in King County, Washington with respect to any actions, claims, or proceedings arising out of or in connection with this Terms of Use, and agrees not to commence or prosecute any such action, claim, or proceeding other than in the aforementioned courts. In any dispute concerning or arising under this Terms of Use or any transaction relating hereto, the prevailing Party will be entitled to reasonable attorneys\’ fees and costs.

8. Assignment:

Subject to the terms and limitations of this subsection (d) below, this Terms of Use shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, successors, subcontractors, and assigns. You may not assign this Terms of Use without the prior written consent of Company, which consent shall not be unreasonably withheld. Company may assign this Terms of Use for any reason without your prior written consent, including but not limited to an assignment upon the sale by Company of all or substantially all of Company’s stock or assets.

9. Waiver:

Neither party (You or Company) may waive or release any of its rights under this Terms of Use except in writing. The failure of the parties to assert a right under this Terms of Use or to insist upon compliance with any term shall not constitute a waiver of that right by the parties or excuse a similar subsequent failure to perform by the parties.

10. Entire Agreement:

This Terms of Use constitutes the entire agreement between You and Company, regarding the subject matter of general Site useage and supercedes all prior and contemporaneous representations, proposals, discussions, and communications, whether oral or in writing, regarding the same subject matter.

11. Severability:

Any term in this Terms of Use which is deemed unenforceable or illegal shall be severed from the Terms of Use and shall not affect the enforceability of other terms of the Terms of Use.