IMAGESAUTOBODY.NET Legal Information
This Web site enables you a client of imagesautobody.net ("we", "us", "IAB", "Images Autobody" or "imagesautobody.net") to access our Web site for the purpose of exploring our services. Exercise of these services and opportunities are conditional to our acceptance of your application. In consideration for the use of imagesautobody.net services, and other good and valuable consideration, the receipt of which is hereby acknowledged, the client of this service ("you" or "Customer" or "Client") assents without modification to the terms and conditions below.
Because your privacy is important to us, we operate by these principles: (1) We explicitly ask when we need information that personally identifies you ("Personal Information"), and no personal Information will be disclosed by us without your prior written consent.
We will not and you will not use this Web site or the information obtained from using this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. By way of example, and not as a limitation, we and you shall not: Use the Service to solicit information from children under the age of eighteen (18); Publish, post, distribute, upload or disseminate files that contain software, images, or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; Knowingly upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded; Configure a survey or any file in a manner that causes information, programs, content or images to be uploaded that jeopardize the operation or execution of the Service or the computer of others; Download or upload any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; Use any information or services provided by kingcoll.com to knowingly, intentionally, or unintentionally, publicly or privately, injure, bring to harm, or harm imagesautobody.net, our Partners or Clients--either directly or indirectly; Use the Service for any unlawful purpose.
RESTRICTIONS ON USE OF MATERIALS
The functionality of the Web site, or any Web site owned, operated, licensed, or controlled by the Images Autobody Company may not be duplicated, replicated, or reverse engineered in any form or fashion. All trademarks, service marks, and trade names are proprietary to imagesautobody.net, except those of their respective owners. All contents of the Service and any Web site owned, operated, licensed, or controlled by the Images Autobody Company are subject to copyright protection.
WARRANTIES AND DISCLAIMERS
imagesautobody.net warrants that it has the right to enter into this Contract and perform its obligations hereunder. Information provided by this Service is produced in accordance with commonly accepted market research methods and, as such, is subject to limits of statistical error. IAB will have no liability for any claims, loss, or damages resulting from use of the information and Services and you assume complete responsibility for submission of any data, information, or written reports provided to IAB. The IAB Company will take reasonable measures consistent with industry standards to ensure the confidentiality of surveys and other communications, in part or entirety, or any information that it collects or maintains on your behalf as part of our services. However, imagesautobody.net cannot guarantee absolute security of any information, in part or entirety, or information. EXCEPT AS EXPRESSLY STATED HEREIN, THE SERVICE, INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IAB AND/OR ITS RESPECTIVE PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND LIABILITY FOR ERRORS, OMISSIONS, INADEQUACIES, MISUSE, OR INTERPRETATIONS OF ANY DATA, INFORMATION, OR WRITTEN REPORTS PROVIDED BY IAB, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR ERRORS. imagesautobody.net AND/OR ITS RESPECTIVE PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE NOR DOES THE IMAGESAUTOBODY COMPANY AND/OR ITS RESPECTIVE PARTNERS WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE IAB COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. imagesautobody.net RESERVES THE RIGHT AT ANY TIME TO UPDATE, CHANGE, MODIFY, OR IMPROVE THE FUNCTIONS AND/OR INFORMATION THAT IS PROVIDED BY THIS WEB SITE. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE IAB COMPANY AND/OR ITS PARTNERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. IN NO EVENT SHALL IAB AND/OR ITS PARTNERS 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 WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OR ANY OF ITS PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
JURISDICTION AND EXPORT
This site is controlled and operated by The Images Autobody Company from its offices within the United States of America. IAB makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable.
ADDITIONAL AGREEMENTS WHEN WE PROVIDE RESPONDENTS
As partial consideration for using this Service, you agree to grant a license to the IAB Company to use information that is obtained or derived through the use of this Service provided that such use does not reveal your identity, product/service, or specific Survey results. The data derived from each Survey is intended for the proprietary use of Images Autobody, our Partners and Clients only. Such data may not be resold or syndicated without the express written permission of the Images Autobody Company. The information derived from this Service is not intended for use in litigation, and use for litigation purposes is prohibited except with approval in writing by imagesautobody.net prior to using the Service. IAB will not use this Web site or the information obtained from using this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. By way of example, and not as a limitation, we shall not: Include within a survey, questions that solicit information regarding the consumption or use of, alcohol, tobacco or any unlawful or controlled substance or act; Use the Service for the purposes of direct mail/targeting, advertising, etceteras.
ADDITIONAL AGREEMENTS FOR USE OF AN E-MAIL LIST
When you use imagesautobody.net with an e-mail list, you assent without modification to the following terms and conditions: 1. Use of Survey Services with Emails. As a condition of using imagesautobody.net services, Customer agrees to abide by all applicable local, state, national and international laws and regulations regarding the transmission of electronic data. Customer further acknowledges that imagesautobody.net services and information may not be used to create any communications that are sent to prospective participants by unsolicited electronic mail or "spam". Customer also agrees not to create a false identity for the purpose of misleading others as to the identity of the sender or origin of a message that is in anyway associated with imagesautobody.net services. 2. Indemnification Obligation. Customer acknowledges that transmission of unsolicited email or spam is unlawful in many states ( e.g., Cal. Bus. & Prof. Code §§ 17538.4 and 17538.45; Del. Code Ann. Tit. 11, §§ 937, 938). Customer agrees to indemnify, defend and hold harmless the Images Autobody Company and its management, officers and employees, and any subsidiary, parent or holding company of the Images Autobody Company, against any third party action, suit, claim, damages, losses, or harm, including reasonable attorneys' fees, incurred by or brought against the Images Autobody Company and arising from any email that is sent or caused to be sent by the Customer, including, but are not limited to, any civil lawsuit, criminal prosecution, third party allegation of spamming that arises in response to the Customer sending or causing to send any email that includes an invitation to participate in a imagesautobody.net survey. 3. Nonexclusivity. The indemnification or advancement or reimbursement of expenses granted pursuant to or provided by the provisions of this Agreement shall be in addition to, and shall not be exclusive of, any other rights to indemnification and advancement or reimbursement of expenses to which IAB may otherwise be entitled by law, Certificate of Incorporation, By-Law (or other constitutional documents of any entity), insurance policy, contract or otherwise, provided that the Company shall not be required to indemnify an Indemnitee more than once for the same loss. Customer agrees to pay any and all direct, indirect and consequential damages, including but not limited to lost profits, business interruption costs, network fees and any other actual damages that can be reasonably calculated, including reasonable attorneys' fees, that are incurred by IAB and arising from any email that is sent or caused to be sent by the Customer. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then Customer agrees to pay imagesautobody.net liquidated damages of $500.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account. 4. Termination. imagesautobody.net may immediately suspend or terminate all service to any and all Customer accounts which it believes, in its sole discretion, is sending, causing to send, or is otherwise connected with any spam or other unsolicited bulk email. Upon suspension or termination of service, Customer's right to use the imagesautobody.net services immediately ceases and IAB shall have no obligation to maintain any content associated with Customer's accounts or to forward any information or data to the Customer or any third party.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of Services and deleting or destroying all information and materials obtained from any and all imagesautobody.net site(s) whether obtained under the terms of these terms or otherwise. These terms will terminate immediately without notice from imagesautobody.net if in imagesautobody.net's sole discretion you fail to comply with any condition, term, or provision of these terms. Upon termination, you will delete or destroy all information and materials obtained using Services or from this site and all copies thereof, whether made under the terms of these terms or otherwise.
AMENDMENT OF TERMS AND CONDITIONS
IAB expressly reserves the right to change the terms, conditions, and notices under which this Web site is offered.
Any rights not expressly granted herein are reserved to The Images Autobody Company. These terms and conditions herein shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Santa Clara County, California and you hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of any such action. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. 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 above, 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 the agreement shall continue in effect. IAB performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of its right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by the Images Autobody Company with respect to such use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IAB as a result of this agreement or use of this Web site.
This agreement constitutes the entire agreement between you and imagesautobody.net with respect to the Services and this Web site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and imagesautobody.net with respect to this Web site. 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. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.