PLEASE READ THESE TERMS OF USE CAREFULLY. IT IS IMPORTANT TO UNDERSTAND THAT THIS IS A LEGALLY BINDING CONTRACT BETWEEN THE OPERATOR OF THIS WEB SITE AND YOU. BY USING THIS WEB SITE YOU ARE AGREEING TO BE BOUND BY EACH OF THESE LEGAL TERMS AND CONDITIONS OF USE ("TERMS OF USE"):
Activant Solutions Inc. is a leading designer and provider of management and information systems, data, and services to the automotive aftermarket. All references to Activant Solutions Inc. herein include, if applicable, its parent corporation, as well as any and all subsidiaries, affiliates, successors, and assigns.
1. INTELLECTUAL PROPERTY
A. Copyright:
Unless otherwise indicated, all materials on this web site are copyright protected by United States law and international treaties. "Content" includes the entire content accessible through the web site, including: wallpaper; icons; characters; artwork; graphics; music information; materials; images; text; and, software and code. Activant Solutions Inc. also claims copyright in the look and feel attributes of the site, as well as the selection, coordination, and arrangement of the Content.
Except for any limited license that may be contained herein, you have no right to copy Content from this web site, including downloading or printing or to distribute the materials in any way, including transmitting them in electronic form, etc. Permission to use the materials other than as authorized hereunder must be granted in writing prior to the use.
B. Trademarks and Service Marks:
Unless otherwise indicated as belonging to a third party, all marks associated with products or services on this web site are the property of Activant Solutions Inc.. These marks may not be used or reproduced in whole or in part in any way without the express permission of Activant Solutions Inc..
C. Other Intellectual Property Rights:
This web site and its Content may have additional protection in the form of patent and trade secret law. Activant Solutions Inc. reserves all rights and will protect its intellectual property to the fullest extent of the law.
2. USER SUBMISSIONS
A. Conduct.
By using this web site, you warrant to Activant Solutions Inc. that you shall use the web site for lawful purposes only and that you shall not post or transmit through the web site any information or materials which violate or infringe in any way the rights of third parties or which are unlawful, vulgar, obscene, defamatory, racist, profane, hateful, or objectionable in any manner as determined by Activant Solutions Inc..
B. Referrals or Internet Links to Other Information or Service Providers.
From time to time, Activant Solutions Inc. may provide information ("Information") from third party information content providers ("Information Providers"), either on the web site, or through Internet links to such Information Providers. Activant Solutions Inc. may also provide Internet links ("Referrals") to service providers ("Service Providers"). Such Information Providers and Service Providers are collectively referred to as "Third Party Providers". With respect to any such Information and Referrals to Third Party Providers, you agree as follows:
(i) Such Information and Referrals are provided only for your information and convenience, and you acknowledge that Activant Solutions Inc. is not responsible for the content of the Information or the services being provided by such Third Party Providers. Accordingly, you shall be solely responsible for determining whether and how to use the Information, and whether the Third Party Providers are qualified and capable of meeting your needs for the Information and/or the services being offered. Unless otherwise noted, a link to another website does not constitute an endorsement of that site, nor of any product or service on such site.
(ii) Activant Solutions Inc. makes no representation and disclaims any warranty that the Information or the descriptions of the services being offered by any Third Party Providers are true, complete or accurate. All such Information and the descriptions of the services are provided on an "AS-IS" basis without any warranty of any kind.
3. DATA COLLECTION AND PRIVACY
A. Data and Consent.
Activant Solutions Inc. may collect general statistical information about those accessing or viewing the web site such as, but not limited to, the total number of visitors, most-accessed services or areas on the web site, user business types, etc. Activant Solutions Inc. may use such data to better serve users of its web site and to improve the web-site's features.
B. Activant Solutions Inc. may, and you hereby consent to, disclose data to third parties in aggregated form with no information identifiable to a specific user of this Site.
4. LINKS TO THIRD PARTY
Links may be provided on this web site to third party sites. Activant Solutions Inc. is not responsible for, nor can it guarantee the goods or services of the operators to whose sites it provides links. Unless otherwise noted, a link to another site does not constitute an endorsement of that site, nor any product, service, or other material offered on that site by Activant Solutions Inc.. Activant Solutions Inc. shall not be responsible or liable for any damages or loss caused by or in connection with use of third party sites.
5. DISCLAIMER OF WARRANTY
THIS SITE, ITS CONTENT, AND ANY SERVICES PROVIDED HEREIN ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." Activant Solutions Inc. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT OR OPERATION OF THIS SITE. THIS DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES OF ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL Activant Solutions Inc. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF DATA, LOSS OF COMPUTER HARDWARE, DOWNTIME, LOSS OF GOODWILL, LOSS OF BUSINESS, LOST PROFITS, COMPUTER MALFUNCTION, OR OTHERWISE, NOR SHALL Activant Solutions Inc. BE LIABLE FOR ANY DAMAGES INCLUDING DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES BASED UPON STRICT PRODUCTS LIABILITY OR UPON THE NEGLIGENCE OF Activant Solutions Inc., ITS EMPLOYEES, OFFICERS, DIRECTORS OR CONSULTANTS, NOR WILL Activant Solutions Inc. BE LIABLE FOR ANY CLAIM OR DEMAND RELATED TO THE SITE AND THE PROPRIETARY MATERIALS HEREIN MADE AGAINST A USER OF THIS SITE BY ANY OTHER PARTY.
7. STATUTORY COMPLIANCE AND DISPUTE RESOLUTION
A. Export Control.
Content made accessible under these Terms of Use may be subject to United States export control laws and regulations. You agree not to transfer or otherwise export any of the Content, to third parties who are residents or nationals of countries subject to United States embargo. You agree to comply with all relevant export laws and regulations of the United States to assure that the Content or anything related to the web site are exported, directly or indirectly, in violation of any applicable law or regulation, including all U.S. export control laws and regulations.
B. Arbitration.
You hereby agree that all disputes and causes of action arising from these Terms of Use or the use of the web site shall be resolved by expedited arbitration using a single arbitrator under the rules of the American Arbitration Association, including summary judgment procedures under the Texas Rules of Civil Procedure. The judgment of the arbitrator shall be binding and executable in any civil court.
C. Venue and Governing Law.
You agree to submit to personal jurisdiction, and that the venue of any lawsuit, dispute, or cause of action arising hereunder shall be in Austin, Travis County, Texas. These Terms of Use shall be governed by, and construed in accordance with, the laws of Texas, without regard to conflict of laws principles.
8. MISCELLANEOUS
A. Integration.
These Terms of Use comprise the entire agreement between Activant Solutions Inc. and the user of this web site. There are no agreements, understandings, promises or conditions oral or written, express or implied, concerning the subject matter of these Terms of Use or in consideration hereof that are not merged herein or superseded hereby.
B. Modification of Terms.
Activant Solutions Inc. hereby expressly reserves the right to modify these Terms of Use at any time, and such modification shall be effective immediately upon posting of the modified Terms of Use on the web site.
C. No Waiver.
The failure by Activant Solutions Inc. to insist upon strict performance of any of the terms and conditions herein, or to exercise any rights or remedies, shall not be construed as a waiver of its rights to assert any of the same or to rely on any such terms or conditions at any time thereafter.
D. Severability and Survival.
The unenforceability in whole or in part of any term or condition herein shall not affect the enforceability of any other parts of these Terms of Use.
E. Termination.
Activant Solutions Inc. reserves the right to terminate the operation of the web site or to change its contents at any time, for any reason, and without notice.
F. Headings; Construction.
The headings contained in these Terms of Use are for reference purposes only and shall not modify or affect these Terms of Use in any manner whatsoever. Wherever required by this context, any gender shall include any other gender, the singular shall include the plural, and the plural shall include the singular.
G. Agreement.
THIS IS A LEGALLY BINDING CONTRACT. YOUR USE OF THIS WEB SITE CONSTITUTES ACCEPTANCE OF THE TERMS OF THIS CONTRACT.
Home » Privacy Policy
