This Website is owned and operated by AutoBrag Inc.
17770 Regents Rd. Suite #113-253
San Diego, California 92122

AGREEMENT BETWEEN USER AND AUTOBRAG

Your use of this Website constitutes your agreement to all such terms, conditions and notices contained herein.

ONLINE VEHICLE DATA, CONDITION, WARRANTY, PRICE AND PAYMENT QUOTES

The information on the AutoBrag ("AutoBrag") Website is being provided for educational purposes only. This Website is designed to enable users to obtain automobile price and payment quotes. These quotes are derived from dealerships and their websites not AutoBrag. All quotes are estimates only and exclude state and local taxes, as well as any state and local governmental charges, including without limitation, registration, license and title fees, documentary fees, emissions certification fees and added accessories. On occasion errors may occur in the entry of condition, warranty, pricing and/or payment data that forms the basis of such quotes furnished through the AutoBrag Website. In such an event, as much as we all wish that a $30,000 car can be bought for $30 AutoBrag is not responsible for any errors that may be quoted to users. AutoBrag, in its sole discretion, will make the determination as to whether a quote is materially inaccurate as a result of unintentional data entry errors and remove the price entry from the search engine. ALWAYS CHECK YOUR CONTRACT BEFORE BUYING OR LEASING AN AUTOMOBILE.

Copyright Notice

All content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of AutoBrag, Inc. and/or its third-party providers including, without limitation, the auto manufacturer (s), auto dealership(s), or other services through this Site ("Providers"). Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

Corporate Identification and Trademarks

"AutoBrag", "AutoBrag.com", and any and all other marks appearing on this Site are trademarks of AutoBrag in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without AutoBrag's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited unless pre-approved by AutoBrag in writing.

Acceptable Use

This Site is intended for personal, noncommercial use. You may not use robots or other automated means to access this Site, unless specifically permitted by AutoBrag. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.

Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above is prohibited without AutoBrag's prior written consent.

Privacy Policy

You confirm that you have read and accept our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of this policy are reasonable and satisfactory to you. You consent to the use of your personal information by AutoBrag, Inc. and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. AutoBrag, Inc. makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. AutoBrag, Inc. will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

Warranty Disclaimer

USERS EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. AUTOBRAG, ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND AUTOBRAG, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. AUTOBRAG AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. AUTOBRAG CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. AUTOBRAG RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT YOURSELF TERMS AND CONDITIONS, AUTOBRAG DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

AUTOBRAG, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF AUTOBRAG, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.

Termination of Service

Users understand and agree that in AutoBrag's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and AutoBrag may exercise any other remedy available and remove any Materials, if AutoBrag believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of AutoBrag, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to AutoBrag for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that AutoBrag post a bond. AutoBrag is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in AutoBrag's sole discretion, you have violated these Terms of Service.

Miscellaneous

These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. AutoBrag may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Site includes links to other websites not established or supervised by AutoBrag or any Affiliate. AutoBrag and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in San Diego County, California, within three months after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in San Diego County, California, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by AutoBrag to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.

VEHICLE AVAILABILITY AND PRICES

AUTOBRAG DOES NOT GUARANTEE VEHICLE PRICES OR AVAILABILITY. All transactions are conducted by and fulfilled through state licensed and franchised auto dealers. All vehicle descriptions and prices provided to you on our website are made by the dealer possessing the desired vehicle and not by AutoBrag. ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST IS PROCESSED. All data and information used in our research tools for configuring vehicles, selecting options, determining pricing, invoice or incentives on this Website are supplied by third party vendors for educational purposes only and are not intended to be binding on AutoBrag or the subscribing dealer. All tools appearing on this Website that allow for configuring vehicles with different options do so with such items that are typically available from the manufacturer and are typically available at local dealerships and may not be indicative of all of the configurations and equipment available on the vehicle being configured or the exact price(s) for a vehicle so equipped.

AutoBrag is not responsible for statements made by others on web pages or websites not controlled by AutoBrag. AutoBrag is not responsible for the accuracy, usefulness for a particular purpose or completeness of information provided by third parties that are available on or through AutoBrag's website.

AutoBrag reserves the right not to forward your purchase request to a dealer, automobile manufacturer or any other entity in its sole discretion. At its discretion, AutoBrag will seek to forward your request to one or more dealers within AutoBrag's network although AutoBrag can not assure you that AutoBrag will be able to match your request with a dealer in AutoBrag's network of dealers. In addition, AutoBrag may determine to send your request to only one dealer even if there is more than one dealer available to provide to you a response to your purchase request. AutoBrag may be obligated to send your purchase request to a specific dealer on an exclusive basis. AutoBrag may also forward your purchase request to an automobile manufacturer for use by that manufacturer. AutoBrag may resell your purchase request to another Internet marketing services company. In certain circumstances AutoBrag may not be able to match your purchase request to any dealer, manufacturer or alternative Internet marketing services company in which event you will probably not hear back from AutoBrag or any one referred to you by AutoBrag.

When you do hear back from a dealer or automobile manufacturer or any one else AutoBrag may refer your purchase request to please remember that AutoBrag is not responsible for anything they may say to you or any agreement you may enter into with them. AutoBrag is not an automobile or truck broker and is not seeking in any way to arrange on your behalf a sale of an automobile or truck for you. That is up to you. The statements made by any such person to you or any agreement you reach with them are strictly between you and them and we disclaim all responsibility.


REBATES AND INCENTIVES

Information regarding rebates or incentives as they appear on this Website are provided to AutoBrag from independent third party data providers and republished for educational benefit only. Though AutoBrag uses reasonable efforts to ensure the accuracy of the information provided, such information is not intended to be a substitute for direct communication between you and the manufacturer or manufacturer's dealer/agent. Any regional and national cash incentives or rebates offered to consumers by the manufacturer are exclusively between you and the manufacturer or dealer and may affect the actual sale price of the vehicle. AutoBrag does not participate in any such program and is not responsible for ensuring the incentive amount or your receipt of such benefits.


VEHICLE HOLD REQUIREMENTS, DEPOSITS AND SERVICE FEES

IT IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU ARE BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR VEHICLE PURCHASE OR LEASE.

AutoBrag does not charge a fee to consumers for our services except as provided below. *

Any deposit requirement is strictly negotiable between you and the dealer (NOT AutoBrag). From time-to-time a vehicle dealer with whom you are negotiating for a purchase or lease may require a good faith monetary deposit as a good faith showing of your intent to purchase or lease a general make, model or type of vehicle and/or to hold a particular vehicle on your behalf.

Absent a specific agreement between you and the dealer, a dealer is not required to hold any vehicle off the market and is free to sell any vehicle at any time before you have executed a contract to purchase such vehicle. The act of submitting a purchase request through our Website does not place a hold on any specific vehicle in a dealer or manufacturer's inventory. A monetary deposit made by you to the dealer is not a guarantee that a specific vehicle will be available for you to purchase unless you and the dealer specifically agree to such term and the vehicle is clearly identified on a deposit receipt by the Vehicle Identification Number or Dealer Stock Number. It is your responsibility to confirm with the dealer that the vehicle will be held off the market until you can arrive at the dealership to complete the purchase and whether or not an additional deposit is necessary as a condition of the dealer holding the vehicle for you.

Whether your deposit is refundable or not is subject to your contractual agreement with the dealer and/or state law. You should not assume a deposit made by you towards the purchase or lease of a vehicle is fully refundable. Deposits made on special ordered vehicles may not be refundable in the event you ultimately do not complete the purchase or lease.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

This Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. The content available through this Website is the sole property of AutoBrag or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, AutoBrag-owned content received through this Website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by AutoBrag licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Website to anyone, including but not limited to others in the same company or organization without AutoBrag's express prior written consent.

LIABILITY DISCLAIMER

ALL CONTENT PROVIDED ON THIS WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN AutoBrag AND YOU. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. AutoBrag AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. AutoBrag AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AutoBrag AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AutoBrag AND/OR ITS SUPPLIERS 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 WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AutoBrag OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Website, you warrant to AutoBrag that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD PARTY SITES

This Website may contain hyperlinks to Websites operated by parties other than AutoBrag. Such hyperlinks are provided for your reference only. AutoBrag does not control such Websites, and is not responsible for their contents. AutoBrag's inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites.

MODIFICATION OF THESE TERMS AND DISCLAIMERS

AutoBrag reserves the right to change the terms, conditions, and notices under which this Website is offered at any time without notice.

GENERAL

This agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, USA in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AutoBrag as a result of this agreement or use of this Website. AutoBrag's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AutoBrag's right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by AutoBrag with respect to such use. 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 this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and AutoBrag with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AutoBrag 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.

Any rights not expressly granted herein are reserved.

Questions regarding the Terms Of Service can be sent to tos@autobrag.com

For the AutoBrag Privacy Policy please click here.

© 2009 AutoBrag Incorporated, all rights reserved.
AUTOBRAG and AUTOBRAG INC. are
service marks of AutoBrag, Inc. Incorporated.

Last Updated: Thursday, April 09, 2009 07:29:38 PST