This Agreement sets forth the terms and conditions for your use of this Site. Your use of the Site constitutes your agreement to these terms and conditions.
AutoCricket Corporation grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials provided hereon, and to download or print content displayed on our Site provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way.
AutoCricket Corporation may charge you fees for certain products or services offered for sale through our Site. Certain Site services are available only through the purchase of a Site subscription (Subscription-Based Services), some of which, at your option, may be billed either monthly or once annually. In order to provide you with uninterrupted service, most of our online Subscription-Based Services and print subscription products (when purchased online) renew automatically at the end of the applicable subscription period at the rate then in effect. We alert you at the point of offer when a subscription product is offered on an auto-renewing basis. As explained below, AutoCricket Corporation will automatically charge your payment card for an auto-renewing subscription unless you cancel your subscription by going to your My Account page, logging in with your username and password, and then selecting cancel subscription.The My Account page can be accessed through a link on the home page. You will be sent a reminder notice before the expiration of your subscription term.
(a) You agree to pay, using a valid payment card which AutoCricket Corporation accepts, all fees and charges, including applicable taxes, you have in AutoCricket Corporationr red through your account, including the monthly or annual subscription charges to access the Subscription-Based Services. AutoCricket Corporation reserves the right to increase fees and surcharges, including fees for Subscription-Based Services, or to institute new fees at any time, upon reasonable notice posted in advance on this Site or sent to you based on contact information you provide in your My Account page. Notwithstanding the foregoing, if you purchase a Subscription-Based Service or print subscription product on an annual basis, your rate remains in effect throughout the subscription year, and is subject to increase only for subsequent subscription years. If you purchase a Subscription-Based Service on a monthly basis, the rate for that Subscription-Based service is subject to change at any time for subsequent months, effective upon prior notice to you.
(b) Unless you take action to cancel your auto-renewing subscription through one of the methods described below, AutoCricket Corporation will automatically charge your payment card listed in your account to renew your Subscription-Based Services and certain print subscription products available for purchase through our Site. AutoCricket Corporation will send you a reminder about the renewal, which will contain the applicable subscription rate, to the email address provided in your account before your payment card is charged. In the event AutoCricket Corporation cannot charge the payment card listed in your account, we reserve the right to terminate your access to the Subscription-Based Services or print subscription product purchased through our Site.
(c) You may cancel your subscription and non-subscription Site services at any time subject to the following terms:
* If you purchase a one-year Subscription-Based Service, which is billed once annually at the time you subscribe, you may cancel at any time during that subscription year by logging in to your My Account page and selecting cancel subscription.Upon cancellation, AutoCricket Corporation will refund the remainder of your subscription fees on a pro-rata basis that will cover the unused months of your subscription. Partial months will not be refunded. Your access to a Subscription-Based Service will terminate on the next monthly anniversary of your subscription date. For example, if you subscribed on January 15 and cancel on May 10, your access will terminate on May 15 and you will obtain a refund for the period May 15 – January 14. If you purchase a one-year Subscription-Based Service and would like to cancel effective as of the end of your annual subscription period instead of immediately, you may do so by calling us at any time at 1-800-376-2226 or by writing to us at Subscription Services, 155 East Blue Heron Blvd. Suite 407 Riviera Beach, Florida 33404
* If you purchase a monthly Subscription-Based Service, which is billed monthly, you may cancel at any time by logging in to your My Account page and selecting cancel subscription. Partial months will not be refunded. Upon cancellation, your access to an online Subscription-Based Service will terminate on the next monthly anniversary of your subscription date. For example, if you subscribed on December 15 and cancel on December 28, your access will terminate on January 14.
* In addition to canceling a Subscription-Based Service (annual or monthly) through your My Account page, you may also write to us at Subscription Services, 155 East Blue Heron Blvd. Suite 407 Riviera Beach, Florida 33404 , or call us at the following toll-free numbers: 1-800-376-2226.
* If you purchase a print subscription product online, you may cancel at any time during the subscription year by following these steps: go to the My Account page, click Access Account, enter your Login information (you’ll need your magazine or newsletter account number listed on your publication issue, your last name and your se AutoCricket Corporationrity code), click Edit Account, and select Cancel. Upon cancellation, AutoCricket Corporation will refund you the remainder of your subscription fees on a pro rata basis for the print issues which have not yet been mailed to you.
* If you purchase a New or Used Car Buying Kit, you may cancel at any time by logging in to your My Account page and selecting cancel subscription.Upon cancellation, AutoCricket Corporation will refund the remainder of your fee on a pro-rata basis that will cover the unused months of your online service. Partial months will not be refunded. Your access to the New or Used Car Buying Kit will terminate immediately. In addition to cancelling a New or Used Car Buying Kit service through My Account,you may also call us 1-800-376-2226 or write to AutoCricket Coporation at East Blue Heron Blvd. Suite 407 Riviera Beach, Florida 33404.
* If you purchase a New or Used Car Price Report and elect to receive it online through the tool permitting thirty-day access to the report you select, you may cancel at any time by calling 1-800-376-2226 or by writing to AutoCricket Coporation at East Blue Heron Blvd. Suite 407 Riviera Beach, Florida 33404. The purchase price will not be refunded.
(d) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access our Site, including the Subscription-Based Services.
(e) For purposes of identification and billing, you agree to provide AutoCricket Corporation with complete, and updated information required when purchasing a product or service on our Site, including registering for a Subscription-Based Service (“Registration Data”). Registration Data may include your name, address, telephone number(s), email address and applicable payment card data (e.g., payment card number and expiration date). You may check your My Account page to determine whether your Registration Data is AutoCricket Corporationrrent and acAutoCricket Corporationrate. You may update your Registration Data at any time through the My Account feature by clicking the My Account link located at the top of the AutoCricket.com home page and logging in with your username and password. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at AutoCricket Corporation’s option, result in immediate suspension or termination of your right to use our Site, including the Subscription-Based Services.
(f) You agree to promptly update your Registration Data in your My Account page if you know of or suspect unauthorized use of your Subscription-Based Service or other Site service, or in the event of any known or suspected breach of seAutoCricket Corporationrity, including loss, theft, or unauthorized disclosure of your password or payment card information. In the event of a breach of seAutoCricket Corporationrity on your part, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your payment card expires, is canceled, is lost or is subject to use without your authorization, or if your Subscription-Based Service or other Site service is subject to use without your authorization, go to your My Account page to update your Registration Data or call AutoCricket Corporationstomer Service at 1-800-376-2226.
All materials on the Site, including without limitation text, images, software, audio and video clips, databases, user product reviews and ratings, Subscription-Based Services and other Site services and products (collectively, the “Content”) are owned or controlled by AutoCricket Corporation or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof, including without limitation our product reviews and ratings and those product reviews and ratings posted by other subscribers, for any public and/or commercial use without the prior written permission of AutoCricket Corporation.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of AutoCricket Corporation or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of AutoCricket Corporation or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of AutoCricket Coporation ;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that AutoCricket Coporation sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
AutoCricket Coporation, and other related marks used on this site are registered trademarks of AutoCricket Coporation of U. S., Inc. in the United States and other countries.
AutoCricket Corporation may make available to users of the Site e-mail notices, newsletters, chat rooms, message boards, bulletin board services, user product reviews and ratings tools, or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the “Forums”). You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the “Communications”). AutoCricket Corporation and its Affiliates do not endorse or accept any Communication as their own or representative of their views. By transmitting any public Communication to the Site, you grant AutoCricket Corporation an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to AutoCricket Corporation. You hereby waive all rights generally known as “moral rights” in your Communications (including your Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction.
You acknowledge and agree that any Communications, including Reviews described in Section 8, made to or by means of any Forum are public. You acknowledge that you have no expectation of privacy in any public Communication and no confidential, fiduciary, contractually implied or other relationship is created between you and AutoCricket Corporation by reason of your transmitting a public Communication to any Forum on the Site.
AutoCricket Corporation cannot review all Communications made on or through the Site. However, AutoCricket Corporation reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any Communications (or portions thereof) which AutoCricket Corporation in its sole discretion deems inappropriate, offensive or contrary to any AutoCricket Corporation policy, or that violate this Agreement.
To help AutoCricket Corporation maintain a safe and civil environment, you agree not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of fact;
(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
(vii) violates any applicable laws, rules, or regulations;
(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(ix) impersonates another person or entity, or that collects or uses any information about Site visitors.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the seAutoCricket Corporationrity of the Site.
Additional terms and conditions apply to the Review Tool Forum described in Section 8 of this Agreement.
You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by AutoCricket Corporation in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
The AutoCricket Coporation Site offers subscribers a Forum consisting of a third-party product review and ratings tool (“Review Tool”), whereby subscribers may submit reviews and ratings of products (collectively, “Reviews”) and/or read reviews and ratings of products submitted by other Site subscribers.
BY ACCESSING, BROWSING OR USING THE REVIEW TOOL ON THE SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT MODIFICATION THEREOF, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE REVIEW TOOL, INCLUDING THE SUBMISSION OF ANY REVIEWS.
You are solely responsible for all Reviews that you upload, post, email or otherwise transmit via the Review Tool.
Liability Disclaimer for Reviews. AutoCricket Corporation is not liable for any statements, representations, descriptions, comments, or opinions provided by subscribers in Reviews posted on the Site. Reviews are displayed for entertainment and informational purposes only. AutoCricket Corporation cannot guarantee the acAutoCricket Corporationracy, integrity, or quality of Reviews. Under no cirAutoCricket Corporationmstances will AutoCricket Corporation or any third-party providers of the Review Tool be liable in any way for any Review, including, but not limited to, any errors or omissions in any Review, or any loss or damage of any kind inAutoCricket Corporationrred as a result of the use of the Review Tool or the use of any content posted in a Review.
With respect to your conduct while using the Review Tool, you agree not to:
* attempt to disguise the origin of any content transmitted to the Review Tool;
* act in any manner that could negatively affect other users’ ability to use the Review Tool;
* impersonate any person or entity, including, without limitation, a moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity;
* upload, post or otherwise transmit any content that:
- is not relevant to the product, service, person or entity being reviewed or rated;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, copyrighted material, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- is unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
In addition to the grant of rights described in Section 4 above, by transmitting Reviews to the Site via the Review Tool, you hereby grant AutoCricket Corporation the right to use on the Site the user name, identifier, or any portion thereof, submitted in connection with such Reviews, if AutoCricket Corporation so chooses.
You further represent and warrant that (i) the Reviews you submit are either original to you, or all third party rights have been fully cleared for use as contemplated by this Agreement; (ii) such Reviews do and will not, in any way, violate or breach any of the terms of this Agreement, and (iii) AutoCricket Corporation shall not in any cirAutoCricket Corporationmstance be required to pay or inAutoCricket Corporationr any sums to any person or entity as a result of its use or exploitation of the Reviews.
Once Reviews are submitted to the Site, AutoCricket Corporation may take any or no action with respect to such Reviews, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Reviews with no notice and at AutoCricket Corporation’s sole discretion. AutoCricket Corporation may use your user name and geographical location to attribute authorship of Reviews to you.
Waiver of “Moral Rights”. If it is determined that you retain “moral rights” (including rights of attribution or integrity) in the Reviews in spite of the waiver of moral rights described in Section 4, you agree and warrant that
(a) you do not require that any personally identifying information be used in connection with the Reviews; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Reviews on the Site; and
(c) you forever release AutoCricket Corporation and its successors and assigns, from any claims that you could otherwise assert against them by virtue of any such moral rights.
System and Network AutoCricket Corporation and Integrity. You are prohibited from violating the AutoCricket Corporation of any system or network comprising the Review Tool. Such violations may result in criminal and civil liability.
Enforcement. Notwithstanding anything to the contrary in this Agreement, AutoCricket Corporation reserves the right to investigate any misuse of the Review Tool, or its systems, equipment or network. AutoCricket Corporation reserves the right to screen, edit, modify, remove or disable access to any content that violates these provisions or that AutoCricket Corporation deems objectionable. AutoCricket Corporation reserves the right to screen Reviews for standard errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.). Without limitation of the foregoing, AutoCricket Corporation reserves the right to report any activity or persons (including the disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third parties that AutoCricket Corporation suspects has violated any law or regulation. AutoCricket Corporation also may cooperate with appropriate law enforcement agencies to assist in the investigation and proseAutoCricket Corporationtion of any illegal conduct.
Our Site contains educational information concerning health and safety, diet and nutrition advice, exercise and fitness, and information about treatments and drugs, including alternative medicines. This information is intended for you to use in AutoCricket Corporations with your physician or other qualified health care provider. AutoCricket Corporation encourages you to print out the information contained in this section of our Site for disAutoCricket Corporationssion with your health care provider. Please note that health or nutrition-related content is for educational use only and is not a substitute for professional medical advice, diagnosis or treatment. Unfortunately, AutoCricket Corporation cannot help you with individual medical questions. Always seek the advice of your physician or qualified health provider with any questions you may have regarding a medical condition. Never disregard, avoid or delay in obtaining medical advice from your doctor or other healthcare professional because of something you have read on our Site.
AutoCricket Corporation follows a rigorous editorial process to ensure that health-related information in our Site is acAutoCricket Corporationrate and describes generally accepted clinical practices. If AutoCricket Corporation finds, or is alerted to an error, we will correct it as quickly as possible. If you notice an error contained in any health-related content on our Site, please notify us by sending an e-mail to firstname.lastname@example.org.
We intend that all content provided on our Site respect the copyright and other proprietary rights of third parties. When Site visitors post content on our Site, of course, we are unable to monitor the copyright ownership of all posted content. If at any time you believe that any content on our Site infringes your copyrighted material, then you may request the content be removed from the Site in accordance with the Copyright Act, 17 U.S.C. 512(c)(3), and procedures described below.
You must send a notice that complies with the Copyright Act, 17 U.S.C. Â§512(c)(3) (“Notice”) to the agent we have designated with the Copyright Office:
To comply with the Copyright Act, your Notice must be in writing and must include:
(i) A physical or electronic signature of the 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 are covered by a single notification, a representative list of such works;
(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;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(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 acAutoCricket Corporationrate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When we receive a Notice that complies with the Copyright Act, we will remove the identified material promptly. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the alleged infringe) of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice (“Counter-Notice) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
(i) A physical or electronic signature of the alleged infringer;
(ii) Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;
(iv) The alleged infringerâ€™s name, address, and telephone number; and
(v) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.
Please note: the email address of our Designated Agent is intended specifically for the receipt of notices of claimed infringement under the Digital Millennium Copyright Act of 1998, 17 U.S.C. Â§512. It is not intended for the general inquiries and permission requests concerning the use of our content. If you wish to request permission to reproduce any of our content, please click here. If you have general inquiries, please click here to be redirected to the FAQ section of our Site.
As part of the registration process for Subscription-Based Services and certain other features, like Forums, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Subscription-Based Services and other products and features, and agree that AutoCricket Corporation will have no obligations with regard thereto.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site, including the Reviews, is at your sole risk. AutoCricket Corporation reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone acting in violation of this User Agreement at any time. You acknowledge and agree that AutoCricket Corporation is not responsible for any materials posted by users of the Site. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither AutoCricket Corporation nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.
You agree to use the Site, Forums and products and services you purchase through out Site, including the Subscription-Based Services, only in a noncommercial manner and in compliance with AutoCricket Corporation’s No-Commercial Use Policy. You specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation to any Forum) any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation to us: Write to AutoCricket Legal Department: , 155 East Blue Heron Blvd. Suite 407 Riviera Beach, Florida 33404
You represent and warrant to AutoCricket Corporation that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
You agree not to assign, transfer or sublicense your rights as a subscriber to the Subscription-Based Services. You agree to be financially responsible for all usage or activity on your Subscription-Based Services account.
You hereby agree to indemnify, defend and hold harmless AutoCricket Corporation and its Affiliates from and against any and all liability and costs in AutoCricket Corporation by AutoCricket Corporation or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. AutoCricket Corporation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of AutoCricket Corporation.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION-BASED SERVICES OR OTHER PAID PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AutoCricket Corporation DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SUBSCRIPTION-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SUBSCRIPTION-BASED SERVICES WILL MEET ANY PARTIAutoCricket CorporationLAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AutoCricket Corporation AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIAutoCricket CorporationLAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, AutoCricket Corporation, OR NON-INFRINGEMENT.
USE OF THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.
UNDER NO CIRCUMSTANCES SHALL AutoCricket Corporation OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR AutoCricket Corporation OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE SUBSCRIPTION-BASED SERVICES, EVEN IF AutoCricket Corporation, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE TOTAL LIABILITY OF AutoCricket Corporation AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SUBSCRIPTION-BASED SERVICES. YOU HEREBY RELEASE AutoCricket Corporation AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
In addition to any other rights of the parties set forth herein, AutoCricket Corporation may cancel or terminate this Agreement at any time. AutoCricket Corporation also reserves the right to restrict, suspend or terminate your access to the Site and/or the Subscription-Based Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If AutoCricket Corporation terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, AutoCricket Corporation reserves the right to refuse to provide access to the Site or a subscription or any Subscription-Based Services to you in the future.
(a) To the Agreement.
AutoCricket Corporation has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercial Use Policy. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of AutoCricket Corporation in providing the Site, including without limitation
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the Subscription-Based Services or print subscription products purchased through our Site,is to cancel your subscription in accordance with instructions provided in Section 2 above.
(b) To the Site.
AutoCricket Corporation has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site and the Subscription-Based Services. AutoCricket Corporation may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
This Agreement constitutes the entire agreement between you and AutoCricket Corporation with respect to the Site and to your purchase of AutoCricket Corporation’s products and services offered through this Site, if applicable, including the Subscription-Based Services, and supersedes all prior agreements between you and AutoCricket Corporation. Failure by AutoCricket Corporation to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Florida (excluding its choice of law rules). In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
©2008-2010 Auto Cricket Corparation.
Last updated on June 30, 2010.