Usage Terms and Disclaimers
Last Revised: June 7, 2007
This website was designed by and is owned and hosted by Autobytel Inc. (“Autobytel”, “we” or “us”), 18872 MacArthur Boulevard, Irvine, California 92612-1400. “Autobytel” as used in this Agreement includes any website owned by Autobytel Inc. or its subsidiaries, including but not limited to Autobytel.com, MyRide.com, Autoweb.com, Car.com and CarSmart.com (collectively, the “Website”).
This Website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein (this “Agreement”). Your use of this Website constitutes your agreement to and acceptance of all such terms, conditions and notices.
Any rights not expressly granted herein are reserved.
Questions regarding the Agreement can be sent to ConsumerCare@autobytel.com
I. GENERAL TERMS APPLICABLE TO THE WEBSITE
PERSONAL AND NON-COMMERCIAL USE LIMITATION
COPYRIGHT INFRINGEMENT NOTIFICATION
MODIFICATION OF THIS AGREEMENT
II. OTHER TERMS
VEHICLES, PARTS AND SERVICES DATA, CONDITION, WARRANTY, PRICE AND PAYMENT QUOTES
USED VEHICLE TERMS AND DISCLAIMERS
PARTS AND SERVICES TERMS AND DISCLAIMERS
VEHICLES, PARTS AND SERVICES AVAILABILITY AND PRICES
VEHICLE HOLD REQUIREMENTS, DEPOSITS AND SERVICE FEES
III. MYRIDE COMMUNITY TERMS
MYRIDE COMMUNITY GENERAL TERMS
I. GENERAL TERMS APPLICABLE TO THE WEBSITE
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. The content available through this Website is the sole property of Autobytel or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Autobytel-owned content received through this Website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by Autobytel licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Website to anyone, including, but not limited to, others in the same company or organization without Autobytel's express prior written consent. (top)
LIABILITY DISCLAIMER
ALL CONTENT PROVIDED ON THIS WEBSITE IS FOR INFORMATIONAL OR ENTERTAINMENT PURPOSES ONLY. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. AUTOBYTEL OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THIS WEBSITE AT ANY TIME. AUTOBYTEL AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEBSITE FOR ANY PURPOSE. THIS INCLUDES PRODUCTS OR SERVICES ADVERTISED OR MADE AVAILABLE BY THIRD PARTIES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AUTOBYTEL AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL AUTOBYTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AUTOBYTEL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.(top)
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you warrant to Autobytel that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. A violation or anticipated violation of this provision may result in legal action against you.(top)
LINKS TO THIRD PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Autobytel. Autobytel does not control such websites, and is not responsible for their contents. Autobytel's inclusion of hyperlinks to such websites is solely for advertising and informational purposes only and does not imply any endorsement of the material, content or purpose on such websites. (top)
PRIVACY
The rules governing our collection, use and disclosure of personally identifying information are set forth in our Privacy Policy, incorporated herein by reference.
Please note that all content posted by users to our Website is governed by the provisions of Section III of this Agreement, dealing with User Content.(top)
COPYRIGHT INFRINGEMENT NOTIFICATION
If you are a copyright owner or an agent thereof and believe that any content on our Website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material (providing URLs in the body of an email is the best way to help us locate content quickly);
(iv) Information reasonably sufficient to permit us or our agents to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is: Legal Department, DMCA Complaints, Autobytel Inc., 18872 MacArthur Blvd., Irvine, CA 92612-1400 / Fax: (949) 862-1323 / Email: CustomerCare@autobytel.com.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.(top)
GENERAL TERMS
This Agreement is between you and Autobytel and is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, USA in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between you and Autobytel as a result of this Agreement or use of this Website. Autobytel's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Autobytel's right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Autobytel with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth in this Agreement, 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 this Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and Autobytel with respect to the subject matter hereof and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Autobytel with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.(top)
MODIFICATION OF THIS AGREEMENT
Autobytel reserves the right to change any provision of this Agreement at any time without notice. We will endeavor to post the date of the most recent revision at the top of this Agreement. You understand the need to revisit this Agreement from time to time to ascertain whether changes have been made. All such modifications shall take effect immediately upon posting on the Website.(top)
II. OTHER TERMS
VEHICLES, PARTS AND SERVICES DATA, CONDITION, WARRANTY, PRICE AND PAYMENT QUOTES
The information on the Website is provided for informational purposes only. This Website is designed to enable users to obtain online and offline price and payment quotes from dealers and independent providers of automobiles, vehicle parts or accessories (collectively, "items") and related services. These quotes do NOT come from Autobytel. Unless otherwise expressly noted, all quotes are estimates only and exclude state and local taxes, as well as, to the extent applicable, any state and local governmental charges, including without limitation, registration, license and title fees, documentary fees, emissions certification fees and added accessories you choose to place on the vehicle. On occasion, unintentional but material errors may occur in the entry of condition, warranty, pricing or payment data that forms the basis of such quotes furnished through the Website. In such an event, Autobytel will not honor such quotes. Autobytel, in its sole discretion, will make the determination as to whether a quote is materially inaccurate as a result of unintentional data entry errors. KNOW WHAT YOU ARE SIGNING AT THE TIME OF PURCHASE OR LEASE, as a dealer or other vendor is free to set or negotiate with you all of the terms and conditions of the final transaction. Your acceptance of and execution of a contract for the purchase or lease of a vehicle, item or service with any terms differing from those quoted to you on this Website will supersede any posted or referenced terms, conditions and warranties displayed on our Website.(top)
USED VEHICLES TERMS AND DISCLAIMERS
NONE OF THE VEHICLES LISTED IS OWNED BY AUTOBYTEL. AUTOBYTEL OFFERS NO EXPRESS OR IMPLIED WARRANTY ON ANY VEHICLE. Any vehicle displayed for sale on the used vehicle area of the website may be sold with or without warranty from a dealer. UNLESS STATED OTHERWISE, ALL VEHICLES ARE SOLD "AS-IS," WITH ALL FAULTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED REPRESENTATIONS REGARDING A VEHICLE ARE THAT OF THE DEALER AND NOT AUTOBYTEL. The dealer is solely responsible for ensuring each vehicle meets applicable legal requirements, including state and federal emissions and safety standards.
It is YOUR RESPONSIBILITY TO READ THE DESCRIPTION PROVIDED BY THE DEALER AND TO PHYSICALLY INSPECT THE VEHICLE PRIOR TO COMPLETING YOUR PURCHASE. We do not guarantee either expressly or by implication that an image, photo or other representation of a vehicle on our Website is an accurate representation of the vehicle identified. It is the dealer’s responsibility, and NOT Autobytel’s, to provide accurate images of the vehicle offered for sale. In the event that a dealer does not provide any image of a vehicle, Autobytel may decide to post “stock photos” which are not images of the actual vehicle identified in the website. Such photos are provided solely for your convenience and may not accurately reflect the vehicle for purchase or lease, and you should not rely on any image, photo or other representation of a vehicle provided prior to the purchase or lease.
Vehicles posted maybe of any model year or mileage. Vehicles may also be under consignment. Dealer, and NOT Autobytel, is responsible for disclosing prior rental and demonstration history, frame damage, salvage history, stolen-recovery history, flood damage, and any material cosmetic or mechanical damage, defect or irregularity of the vehicle. Dealer, in its sole discretion, may offer a limited warranty for a vehicle or in the alternative, offer a vehicle, without warranty, “AS-IS.”(top)
PARTS AND SERVICES TERMS AND DICLAIMERS
NONE OF THE PARTS OR ACCESSORIES OR SERVICES LISTED IS OWNED OR PROVIDED BY AUTOBYTEL. AUTOBYTEL OFFERS NO EXPRESS OR IMPLIED WARRANTY ON ANY PART, ACCESSORY OR SERVICE. Any item displayed for sale or service offered on our website may be sold or provided with or without warranty from a vendor. UNLESS STATED OTHERWISE, ALL PARTS AND ACCESSORIES ARE SOLD AND SERVICES ARE PROVIDED "AS-IS," WITH ALL FAULTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED REPRESENTATIONS REGARDING A PART, ACCESSORY OR SERVICE ARE THAT OF THE VENDOR AND NOT AUTOBYTEL. The vendor is solely responsible for ensuring each item or service meets applicable legal requirements.
WHERE AND WHEN APPLICABLE, it is YOUR RESPONSIBILITY TO READ THE DESCRIPTION PROVIDED BY THE VENDOR AND TO PHYSICALLY INSPECT THE PART OR ACCESSORY PRIOR TO COMPLETING YOUR PURCHASE. We do not guarantee either expressly or by implication that an image, photo or other representation of a part or accessory on our Website is an accurate representation of the part or accessory identified. It is the vendor’s responsibility, and NOT Autobytel’s, to provide accurate descriptions or images of the item offered for sale.(top)
VEHICLES, PARTS AND SERVICES AVAILABILITY AND PRICES
AUTOBYTEL DOES NOT GUARANTEE PRICES OR AVAILABILITY OF VEHICLES, PARTS, ACCESSORIES OR SERVICES. All vehicle, parts, accessories and services descriptions and prices provided to you either on this Website or via separate contact following your submission of a request, are made by the participating dealer or vendor possessing the desired vehicle or item, or providing the service, and NOT by Autobytel. All vehicle, item or service prices and descriptions listed as available on our Website are established by the dealer/vendor who owns the vehicle or item, or provides the service and NOT Autobytel. ALL VEHICLES, PARTS, ACCESSORIES AND SERVICES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST IS PROCESSED. In some cases, vehicle prices shown may be starting bids related to an auction and not the price at which the vehicle is being offered for sale. ALL TERMS, INCLUDING PRICE, ARE SUBJECT TO AGREEMENT BETWEEN YOU AND THE APPLICABLE DEALER OR VENDOR.
All data and information used in our research tools for configuring vehicles, selecting options or determining pricing, invoice or incentives on this Website are supplied by third party vendors for informational purposes only and are not intended to be binding on Autobytel or a dealer or vendor. All tools appearing on this Website that allow for configuring vehicles with different options do so with such items that are typically available from the manufacturer and are typically available at local dealerships and may not be indicative of all of the configurations and equipment available on the vehicle being configured or the actual price(s) for a vehicle so equipped. Any discrepancies or mistakes made regarding vehicle or other item or service availability, condition or pricing are NOT the responsibility of Autobytel and should be directed to the applicable dealer or vendor.
We do not guarantee either expressly or by implication that we will find a vehicle, item or service that meets your specifications. Exact matches can be extremely difficult to find because of geographic location, vehicle or item popularity, and limited production or factory-to-dealer allocations. Autobytel is not responsible for statements made by others on our Website. Autobytel is not responsible for the accuracy, usefulness for a particular purpose or completeness of information provided by third parties that are available on or through this Website. Your request may have come to Autobytel from another party or website. Autobytel is not responsible for anything stated by such party or on such website.(top)
FORWARDING OF YOUR REQUEST
Autobytel reserves the right not to forward your request to a dealer, automobile manufacturer or any other entity in its sole discretion. At its discretion, Autobytel will seek to forward your request to one or more dealers or automobile manufacturers within Autobytel's network, although Autobytel cannot assure you that Autobytel will be able to match your request with a dealer in Autobytel's network of dealers. In addition, Autobytel may determine to send your request to only one dealer even if there is more than one dealer available to provide to you a response to your request. Autobytel may determine to send your request to more than one dealer available to provide you a response to your request. Autobytel may be obligated to send your request to a specific dealer on an exclusive basis. Autobytel may also forward your request to an automobile manufacturer for use by that manufacturer for subsequent distribution to a participating dealer. Autobytel may resell your request to another Internet marketing services company or another party. In certain circumstances Autobytel may not be able to match your request to any dealer, manufacturer or alternative Internet marketing services company or another party in which event you will probably not hear back from Autobytel or anyone referred to you by Autobytel.
When you do hear back from a dealer or automobile manufacturer or anyone else to whom Autobytel may refer your request, please remember that Autobytel is not responsible for anything they may say to you or any agreement you may enter into with them. Autobytel is not an automobile or truck broker and is not seeking in any way to arrange on your behalf a purchase of an automobile or truck for you. That is up to you. The statements made by any such person to you or any agreement you reach with that or any other third party are strictly between you and that party, and we disclaim all responsibility.(top)
CREDIT EVALUATION
You are not required to apply for vehicle financing as a condition of your using this Website or any of the services offered herein. Independent third party lenders and NOT Autobytel provide all vehicle-financing programs. If you choose to apply for financing through a third party lender, you do so with this understanding and at your own risk. You will be asked to submit an application for credit and other documentation, as the lender deems necessary in order to facilitate the loan. Payment information provided to you on this Website is for general informational purposes only and shall not be considered as final. Your actual payment will be based upon, among other things, the results of an independent credit evaluation, current prevailing interest rates, and the length and amount of the loan requested, as determined by the lender and NOT Autobytel.(top)
REBATES AND INCENTIVES
Information regarding rebates or incentives as they appear on this Website are provided to Autobytel from independent third-party data providers and republished for informational or advertising benefit only. Such information is not intended to be a substitute for direct communication between you and the manufacturer, the manufacturer's dealer/agent or other vendor. Any regional and national cash incentives or rebates offered to consumers by the manufacturer are exclusively between you and the manufacturer, dealer or vendor and may affect the actual sale price of a vehicle or item. Autobytel does not participate in any such program and is not responsible for ensuring the incentive amount or your receipt of such benefits.(top)
INSURANCE INFORMATION
Any information regarding insurance rates and comparisons that may appear on this Website is provided to Autobytel from independent third-party providers and republished for informational or advertising benefit only. Autobytel is not an insurance broker acting on behalf of any consumer, nor is Autobytel acting as an agent for a particular insurance company. Autobytel is an information service where from time to time consumers may review a number of different automobile insurance products on the market today. Any coverage presented by participating insurers is designed to meet the insurance needs of a majority of consumers. Your particular circumstances may differ and thus may require additional information. By supplying these information resources, Autobytel is not making any recommendations or providing any advice as to whether or not any particular insurance coverage is suitable for your individual circumstance. Autobytel does not endorse or recommend any specific insurance company or coverage plan. Your decision to select any particular insurance company and coverage plan should be based upon your own assessment of your individual needs and the amount of insurance coverage that meets those needs. In some cases, Autobytel sources may provide comparative estimates that may be higher or lower depending upon individual underwriting criteria applied by particular insurers. This is not an application for insurance. Any and all premiums displayed are estimates and not guaranteed.(top)
VEHICLE HOLD REQUIREMENTS, DEPOSITS AND SERVICE FEES
IT IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU ARE BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR VEHICLE PURCHASE OR LEASE.
Autobytel does not charge a fee to consumers for our services except where expressly noted.
Any deposit requirement is strictly negotiable between you and the dealer and NOT Autobytel. From time-to-time a vehicle dealer with whom you are negotiating for a purchase or lease may require a good faith monetary deposit as a good faith showing of your intent to purchase or lease a general make, model or type of vehicle and/or to hold a particular vehicle on your behalf. BEWARE OF INTERNET SCAMS REQUESTING A DEPOSIT OR SERVICE FEE. IT IS YOUR RESPONSIBILITY TO VERIFY THE NATURE AND AUTHENTICITY OF ANY DEPOSIT YOU ARE BEING ASKED TO MAKE AS PART OF YOUR VEHICLE PURCHASE OR LEASE.
Absent a specific agreement between you and the dealer, a dealer is not required to hold any vehicle off the market and is free to sell any vehicle at any time before you have executed a contract to purchase such vehicle. The act of submitting a request through our Website does NOT place a hold on any specific vehicle in a dealer or manufacturer's inventory, even if you are notified of such by a dealer. A monetary deposit made by you to the dealer is not a guarantee that a specific vehicle will be available for you to purchase unless you and the dealer specifically agree to such term and the vehicle is clearly identified on a deposit receipt by the Vehicle Identification Number or Dealer Stock Number. It is your responsibility to confirm with the dealer that the vehicle will be held off the market until you can arrive at the dealership to complete the purchase and whether or not an additional deposit is necessary as a condition of the dealer holding the vehicle for you.
Whether your deposit is refundable or not is subject to your contractual agreement with the dealer and state law. You should not assume a deposit made by you towards the purchase or lease of a vehicle is fully refundable whether you purchase the vehicle or not. Deposits made on special ordered vehicles may not be refundable in the event you ultimately do not complete the purchase or lease.(top)
III. MYRIDE COMMUNITY TERMS
MYRIDE COMMUNITY GENERAL TERMS
Membership in the MyRide Community is subject, in our discretion, to termination at any time for violation of this Agreement or any other reason.
We may permit users who register with the community section of MyRide.com (“members”) to submit content onto the Website (“User Content”) and the hosting, sharing or publishing of such User Content. Notwithstanding our Privacy Policy, you understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any User Content.
As stated in our Liability Disclaimer, we do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content.
We reserve the right to decide whether User Content is appropriate and complies with this Agreement. We may remove User Content and terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.
By submitting the User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Website and our business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Website and under this Agreement.(top)
RULES FOR POSTING
By using the Website and participating in the MyRide Community, you represent and warrant that your identity and other personal information provided upon registration is accurate, that you will not maintain multiple registrations, that you will not impersonate any other person in your registration or in any posting, and that you are 16 years of age or older.
You are responsible for all User Content you submit to the Website.
You may not use the Website for any purpose in violation of local, state, federal or other applicable law.
You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic,harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the MyRide Community is used to disseminate statements which we determine to be offensive or harmful.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other users’ use of the Website, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Website, deleting or revising any User Content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Website infrastructure or that negatively affects the availability of the Website to others.
You may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features.
Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
You agree that any employment or other relationship you form or attempt to form with an employer, employee, contractor or any other party whom you contact through areas of the Website that may be designated for that purpose is between you and that employer, employee, contractor or third party alone, and not with us.
You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies which you obtain through the Website are prohibited.
Notwithstanding anything to the contrary in this Agreement, using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engines and search agents available from us on this Website and other than generally available third-party web browsers (such as Microsoft Explorer) is prohibited.
You may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website.(top)