Terms of Use - Our Auto Expert

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY OUR AUTO EXPERT WEBSITE (OR ANY CONTENT, PRODUCT, SERVICE, OR FEATURE AVAILABLE THROUGH THE WEBSITE, INCLUDING THE EMBEDDED VIEWER) (COLLECTIVELY, THE “SITE”), YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE (COLLECTIVELY, THE “SITE TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.

These Site Terms are not intended to alter the terms or conditions of any Affiliate Content License Agreement you may have with Our Auto Expert, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your Affiliate Content License Agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Our Auto Expert for violations of these Site Terms.

Ownership of the Site and its Contents

The Site is owned by Our Auto Expert Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Our Auto Expert Content”), is owned by Our Auto Expert, its licensors, or its third-party image partners. All elements of the Site, including Our Auto Expert Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Use of the Site

The Site and Our Auto Expert Content are intended for customers of Our Auto Expert. You may not use the Site or Our Auto Expert Content for any purpose not related to your business with Our Auto Expert. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or Our Auto Expert Content without, or in violation of, a written license or agreement with Our Auto Expert; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or Our Auto Expert Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Our Auto Expert product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or Our Auto Expert Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing, or in any way commercializing the Site or Our Auto Expert Content without specific written authorization from Our Auto Expert; and (h) using the Site or Our Auto Expert Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Our Auto Expert has adopted a policy of terminating, in appropriate circumstances and at Our Auto Expert’s sole discretion, account holders who infringe the intellectual property rights of Our Auto Expert or any third party.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Copyright Agent
Our Auto Expert

Michanicol Media

Jack Studios

6814 S. East Jack Rd.

Milwaukee, OR 97222

Trademarks

Our Auto Expert Trademarks, the Our Auto Expert® logo, the Ourautoexpert.com® logo and any other product or service name or slogan contained in the Site are trademarks of Our Auto Expert and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Our Auto Expert or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Our Auto Expert” or any other name, trademark or product or service name of Our Auto Expert without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Our Auto Expert and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links

You may not use an Our Auto Expert logo or other proprietary graphic of Our Auto Expert to link to the Site without the express written permission of Our Auto Expert Further, you may not frame any Our Auto Expert trademark, logo or other proprietary information, including the Our Auto Expert Content, without Our Auto Expert’ express written consent.

Our Auto Expert makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Our Auto Expert and Our Auto Expert is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Our Auto Expert provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Our Auto Expert of any site, or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Our Auto Expert shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Embedded Viewer

Where enabled, you may embed Our Auto Expert Content on a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”). Not all Our Auto Expert Content will be available for embedded use, and availability may change without notice. Our Auto Expert reserves the right in its sole discretion to remove Our Auto Expert Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or Our Auto Expert Content. You may only use embedded Our Auto Expert Content for editorial purposes (meaning relating to events that are newsworthy or of public interest). Embedded Our Auto Expert Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.

Our Auto Expert (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded Our Auto Expert Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you.

Registration Data and Account Security

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Our Auto Expert immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.

Indemnification

You agree to defend, indemnify and hold harmless Our Auto Expert, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Our Auto Expert Content, or your violation of any rights of another.

Disclaimer

THE SITE, INCLUDING WITHOUT LIMITATION THE EMBEDDED VIEWER AND THE OUR AUTO EXPERT CONTENT, ARE PROVIDED “AS IS” AND OUR AUTO EXPERT AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR AUTO EXPERT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE OUR AUTO EXPERT CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT OUR AUTO EXPERT, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE OUR AUTO EXPERT CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE OUR AUTO EXPERT CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Our Auto Expert uses reasonable efforts to ensure the accuracy, correctness and reliability of the Our Auto Expert Content, but we make no representations or warranties as to the Our Auto Expert Content’s accuracy, correctness or reliability.

Our Auto Expert offers a search feature within the Site. Our Auto Expert explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Our Auto Expert also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability

IN NO EVENT SHALL OUR AUTO EXPERT, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE OUR AUTO EXPERT CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM OUR AUTO EXPERT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR AUTO EXPERT’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OUR AUTO EXPERT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO OUR AUTO EXPERT FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Venue

Any dispute relating in any way to your use of the Site or the Our Auto Expert Content shall be submitted to a court of competent jurisdiction in Portland, Oregon, except that, to the extent you have in any manner violated or threatened to violate Our Auto Expert’ intellectual property rights, Our Auto Expert may seek injunctive or other appropriate relief in any state or federal court in the State of Ohio, and you consent to exclusive jurisdiction and venue in such courts.

Termination

Notwithstanding any of these Site Terms, Our Auto Expert reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Miscellaneous Provisions

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Our Auto Expert If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Site Terms

Our Auto Expert reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

Questions and Contact Information

Questions or comments about the Site or Site Terms may be directed to Our Auto Expert Our Auto Expert at:

Michanicol Media

Jack Studios

6814 S. East Jack Rd.

Milwaukee, OR 97222