Site User Agreement
1. These User Terms
2. Licence to Use Material on the Web Site
2.1 CarDealerLocator grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) (CarDealerLocator Material') on the basis set out in Clause 2.2. 2.2 You are entitled to view, copy, print, access, download and transmit (for the purposes expressly permitted in these User Terms) and store the CarDealerLocator Material for your own personal, non-commercial use provided that you do not: 2.2.1 remove any notices relating to the ownership of copyright or other intellectual property rights in the CarDealerLocator Material; 2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the CarDealerLocator Material; 2.2.3 rent, lease, sub-licence, loan, copy or give or transfer any rights in the CarDealerLocator Material in any form, to any person or entity without the prior written consent of CarDealerLocator. 2.3 Any product, process or technology referred to in the CarDealerLocator Material may be subject to other intellectual property rights of CarDealerLocator and are not made available hereunder.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, CarDealerLocator retains all ownership, title and interest in the intellectual property rights contained in the CarDealerLocator Material including, but not limited to; copyright, database rights, trade marks, patents, service marks, design rights (whether registered or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registered or not in any jurisdiction in the world.
4. Duration of User Terms and Termination
4.1 These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following: 4.1.1 you breach any of the terms of the licence granted to you in accordance with Clause 2; 4.1.2 CarDealerLocator terminates these User Terms by notice to you at any time in accordance with Clause 9.2; or 4.1.3 you terminate these User Terms by notice to CarDealerLocator at any time in accordance with Clause 9.1. 4.2 In the event that these User Terms are terminated for any of the reasons stated above, you agree to comply with the following obligations: 4.2.1 the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the CarDealerLocator Material; 4.2.2 you must delete or destroy any of the CarDealerLocator Material stored by you in electronic or hard copy form as soon as reasonably practicable; and 4.2.3 you will have no further rights to access or use the Web Site or any of the services provided on the Web Site.
5. CarDealerLocator's Responsibilities
5.1 CarDealerLocator undertakes to use commercially reasonable means to prevent breaches of security of the Web Site. 5.2 The Web Site is provided by CarDealerLocator on an "as is" and "as and when available" basis to you. You use the Web Site at your own risk. 5.3 CarDealerLocator makes no representation or warranty that the Web Site or services offered via the Web Site will be accessible, or useable by you or error free. CarDealerLocator uses reasonable efforts to include accurate, up-to-date information on the Web Site. The information, documents or other items provided or available on this Web Site could include technical inaccuracies or typographical errors. CarDealerLocator makes no warranties or representations as to its accuracy. CarDealerLocator assumes no liability or responsibility for any errors or omissions in the content on the Web Site. 5.4 CarDealerLocator is not an agent for, and does not represent those persons, companies and other organisations whose goods or services may be displayed or referred to on the Web Site. 5.5 The advertisements placed on the Web Site by you or any other third party does not constitute any part of an offer or contract. CarDealerLocator makes no warranty or representation that the items advertised for sale via the Web Site are offered: (i) free of encumbrance, charge or any other unexpired right in the item; or (ii) that such advertising is a statement or representation of fact. You should carry out any checks or searches that may reveal faults in the title or suitability of the item for your own purposes and receive independent advice before you purchase such item. 5.6 CarDealerLocator reserves the right, without notice to you, to remove any CarDealerLocator Material from the Web Site or to suspend or alter the operation of the Web Site or any of the services on the Web Site, at its sole discretion or for legal or technical reasons. CarDealerLocator will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons. CarDealerLocator may make improvements and/or changes to the information or documents provided or available on this Web Site at any time. 5.7 CarDealerLocator may make available to you information based on the opinion of CarDealerLocator or on the opinion of an affiliate of CarDealerLocator. You should not rely upon any such opinion as a recommendation by CarDealerLocator of the goods or services available of the Web Site. Professional advice should be sought before purchasing any item on the Web Site or before entering into any legally binding agreement.
6. Your Responsibilities
6.1 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any of the services on the Web Site. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the services on the Web Site using your user name or password. 6.2 You agree that you will not use the Web Site or any of the services on the Web Site as follows: 6.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound; 6.2.2 to send or distribute multiple unsolicited emails or messages (i.e. 'spam') or to cause any other person annoyance, inconvenience or worry; 6.2.3 for any purposes connected to any business, including sending any unsolicited advertisements or promotional material. 6.3 You agree to indemnify CarDealerLocator against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or the services on the Web Site in contravention of Clauses 6.1 and 6.2. Further, in these circumstances, CarDealerLocator shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by CarDealerLocator forthwith, without notice to you.
8.1 You may send a legal notice to CarDealerLocator, or any questions you may have concerning these User Terms by e-mail to support@CarDealerLocator.co.uk. Such notices will be effective within 3 days of receipt by CarDealerLocator. 8.2 CarDealerLocator may send you notice by general notice on this Web Site, by email to your email address on record with CarDealerLocator, or by post to the geographical address on record with CarDealerLocator. Such notice will be effective if sent by email or posted on the Web Site, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by CarDealerLocator.
9.1 CarDealerLocator reserves the right to add to or change the terms of these User Terms in its sole discretion without your prior consent. All changes to the User Terms will be effective once posted on the Web Site. CarDealerLocator will provide notice on the Web Site of any changes to the User Terms for 30 days after CarDealerLocator has posted the amended User Terms on the Web Site. Your continued use of the Web Site or any of CarDealerLocator's services available on the Web Site following CarDealerLocator's posting of such changes will be regarded by CarDealerLocator as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use any of CarDealerLocator's services on the Web Site in the future. 9.3 No variation or amendment to these User Terms by you is valid unless otherwise agreed by CarDealerLocator in writing and signed by a duly authorised representative of CarDealerLocator and you. 9.4 If any part of these User Terms is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected. 9.5 Your use of the internet is solely at your risk and subject to all applicable laws, and CarDealerLocator has no responsibility for any information, software, services or other materials accessed or obtained by you using the internet. CarDealerLocator does not assume any liability for timely, trouble-free and uninterrupted access to the internet. 9.6 These User Terms do not affect any consumer rights that you may have under the provisions of any applicable law or regulation. 9.7 These User Terms shall be governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts, CarDealerLocator makes no representation that any information, materials or functions included are appropriate for use in any other jurisdiction. If you access the Web Site, you do so on your own initiative and are responsible for compliance with applicable local laws and regulations.