2. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Materials and the compilation of all content included on Our Sites are owned or licensed by Us and protected by United States and international copyright laws. Copyright ?2001-2012 LooksLike, Inc. All Rights Reserved. We do not claim ownership of copyrights owned by third parties.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that your copyrighted work has been copied without your authorization and is available on Our Sites in a way that may constitute copyright infringement, You may provide notice of Your claim to Our Designated Agent listed below. For Your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on this Sites;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Attn: Parker Dunn
5584 South Fort Apache
Las Vegas, Nevada 89148
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Our Sites. All other inquires to the Designated Agent will not be answered.
We own trademarks for Our many goods and services, including, without limitation, EBIZAUTOS and Motorcar.com and the associated graphics, logos and service marks are Our trademarks and may not be used without Our prior written consent. All other trademarks, product names, and company names and logos appearing on the Sites are the property of their respective owners.
D. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Us in connection with Your use of this Site shall become Our exclusive property. You agree that unless otherwise prohibited by law We may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
E. Ownership by LooksLike.
All Content and Intellectual Property provided by LooksLike, excluding Site data on the Dealer Website(s), is and shall remain the property of LooksLike or its licensors and is governed by the intellectual property rights identified in this Agreement. LooksLike retains all rights to any information and material submitted (for purposes of modification, commercial and archival use only). LooksLike will export the information and materials Dealer and Sites provide to LooksLike to online auctioneers and other third parties at Dealer and Site? request; provided, however, LooksLike shall be under no obligation to export such information or materials to LooksLike? competitors.
3. Privacy and Protection of Personal Information.
4. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of Our Sites, services, and Materials is at Your sole risk. Neither We nor any of Our officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Us (collectively "Providers"), or the like, warrant that sites affiliated with Providers, including, but not limited to, Our Sites, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on Our Sites may contain inaccuracies or typographical errors. We make no warranty as to the results that may be obtained from the use of Our Sites or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided on or through Our Sites.
A. Disclaimer of Warranties.
OUR SITES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITES, SECURITY OF OUR SITES, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH OUR SITES, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON OUR SITES. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability.
WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITES OR ANY RELATED SERVICES. THE OPERATION OF OUR SITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE OUR SITES OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A YOU ON ANY INFORMATION OBTAINED FROM OUR SITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, 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 RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR SITES.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR GOODS OR SERVICES, FROM INABILITY TO USE OUR GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of Our Sites, Your sole and exclusive remedy is to discontinue Your use of the Sites.
5. Third Party Links.
6. Online Conduct.
You agree to use Our Sites and any services provided through Our Sites only for lawful purposes. Unacceptable uses of Our Sites include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringe the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Sites or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (viii) using any automated mechanism (such web robots, crawlers, or spiders) to access, query or otherwise collect information or scrape data from Our Sites or any other service or website owned or operated by Us; or (ix) stalking or harassing another; (x) disobeying any requirements, procedures, policies or regulations of networks connected to Our Sites; (xi) engaging in any other activity deemed by Us to be in conflict with the spirit or intent of Our Sites.
We reserve the right to monitor all network traffic to Our Sites to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to Our Sites in any fashion. Anyone using Our Sites expressly consents to such monitoring.
12. Applicable Law/Jurisdiction.
14. Statute of Limitations.
15. Entire Agreement.
DATE LAST MODIFIED: April 25, 2012
LOOKSLIKE, INC. IS COMMITTED TO YOUR PRIVACY
WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND WHY?
We collect and maintain a variety of Personal Information about You to enable Us to provide You with the best service. "Personal Information" is information about You by which You may be identified. We currently collect Personal Information through email and various online inquiry forms on Our Website. The Personal Information We collect and maintain about You includes:
- Your name,
- Your email address,
- Your phone number,
- your zip code, and
- Unique identifiers, such as a customer number held in a cookie, an Internet Protocol (IP) address, a processor or device serial number, or other unique identifiers.
- Contacting You
We may use Your Personal Information to communicate with You in the event We have any questions with regard to any online inquiry You may have or if, in accordance with Our Terms and Conditions, We need to contact You. We may also contact You to tell You about products and services provided by Our Partners, other affiliates and other third-party organizations.
Each time You interact with Our Website, the details of Your interaction are collected and retained by Us.
We intend to retain any correspondence, including facsimiles, mail and emails, sent to Us. We also may retain correspondence such as customer service emails from Us to You. We may delete such records over time.
WHAT GENERAL INFORMATION DO WE COLLECT FROM YOU AND WHY?
"General Information" is information about You or Your activities on Our Website that do not identify You personally. When You use the Internet, Your web browser or software may communicate certain information to the host websites You visit. This information may include the capabilities and features of Your computer, Your mobile device, and Your movement and activity within a particular Site. We use this General Information to generate statistics about visitors to Our Website. The methods used to collect this information may include:
- Web Beacons
Small graphic images or web programming code called web beacons (also known as ?ixel tags?or ?lear GIFs? may be included on the pages of the Website and in email messages We send You. Web beacons or other similar technologies may be used for a number of purposes, such as to count visitors to the Website, monitor how You navigate the Website or to count how many particular articles or links posted on the Website were actually viewed.
- Mobile Device Identifiers
Certain mobile service providers uniquely identify mobile devices and We may inadvertently capture specific mobile information if You access the Website through a mobile device. Our Website does not require or use geo-specific information from mobile devices, but We do, however, receive device IP Address information that may give a rough location of the device.
- Embedded Scripts
An embedded script is programming code designed to collect information about Your use of this Website, such as the links You click on. The code is temporarily downloaded to Your computer from Our web server or a third party provider, is active only while You are connected to the Website and is deactivated or deleted once You leave the Website.
HOW WE USE YOUR INFORMATION
DISCLOSURE OF INFORMATION WE COLLECT
HOW WE PROTECT INFORMATION WE COLLECT
At times, We offer secure web pages to collect certain kinds of user information and We store certain kinds of data in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on Our system. Although no computer system is completely secure, We believe the measures implemented on Our Website reduce the likelihood of security problems to a level appropriate to the type of data involved.
HOW LONG WE KEEP USER INFORMATION
We generally keep user data on Our server or in Our archives for as long as We reasonably need it. We may alter this practice according to changing requirements. For example, We may delete some data if needed to free up storage space. We may keep other data for longer periods if the law requires it. In addition, information posted in a public forum could stay in the public domain indefinitely.
Data management requests are administered in an orderly manner to the extent feasible and within Our direct control. Please note that We have greater control over recently collected data than over archived data. Once data is removed from the system and archived, it may not be feasible to accommodate specific requests. In those cases, Our general data retention policy applies.
DO NOT TRACK
PERSONAL CHOICE IN THE DISCLOSURE OF YOUR INFORMATION
If You do not want Us to share Your Personal Information with Our Partners for marketing purposes, or if You do not want to receive certain communications and offers from Us You can ?pt out?of such sharing, communications and offers by contacting Us by email at email@example.com or writing Us at:Lookslike, Inc.
5584 S. Fort Apache Road
Las Vegas, Nevada 89148
If You believe that any Personal Information collected by Us about You is not correct or has changed, please send an email message to firstname.lastname@example.org explaining the correction or change and providing any relevant confirmation or reference number.
SPECIAL NOTE ABOUT CHILDREN
Our Website is targeted primarily for use by persons 18 years of age and older. We do not currently market to or create special areas for use by children. Accordingly, We do not knowingly collect age identifying information, nor do We knowingly collect any Personal Information from children under the age of 13 years. However, We hereby advise all visitors to Our Website under the age of 13 not to disclose or provide any Personal Information on Our Website. In the event that We discover that a child under the age of 13 has provided Personal Information to Us, in accordance with the Children? Online Privacy Protection Act (please see the Federal Trade Commission? website at www.ftc.gov for more information about this Act), We will delete the child? Personal Information from Our files to the extent technologically possible.
YOUR CALIFORNIA PRIVACY RIGHTS
Residents of the State of California may request and obtain from Us, once a year and free of charge, information about the Personal Information (if any) We have disclosed to third parties for direct marketing purposes in the preceding calendar year. If You are a California resident and would like to make such a request, please submit Your request in writing to:Lookslike, Inc.
5584 S. Fort Apache Road
Las Vegas, Nevada 89148
For all requests, You must put the statement "Your California Privacy Rights" in the body of Your request as well as Your name, street address, city, state, and zip code. Please note that We will not accept requests via the telephone, e-mail, or by facsimile, and We are not responsible for notices that are not labeled or sent properly, or that do not have complete information or postage.
IF YOU HAVE A PRIVACY QUESTION
If You have a privacy question about Our Website, please email: Customer Service at email@example.com
Or write to:
5584 S. Fort Apache Road
Las Vegas, Nevada 89148
DATE LAST MODIFIED: March 25, 2014
Motorcar.com and the Motorcar.com logo are registered trademarks of LooksLike, Inc. All rights reserved.
eBay? eBay Motors?and the eBay?logo are registered trademarks of eBay, Inc.
Designated trademarks and brands are the property of their respective owners.
Materials contained on this website may not be used or reproduced without written permission from LooksLike, Inc.