Carfolks| 151 Innovation Drive,
Suite 320 | Elyria, OH 44035
Carfolks owns and operates Carfolks.com
and requires that all visitors to the Site adhere to the following Terms of Use.
By accessing the Site and any of its pages, you indicate your acknowledgement and
acceptance of the Terms of Use set forth below without limitation or qualification.
Carfolks may revise these Terms of Use at any time by updating this posting, which
revisions will be binding upon all visitors to the Site. You should therefore visit
this posting to review these Terms of Use from time to time as you visit the Site.
For purposes of these Terms of Use references to Carfolks include its affiliates,
directors and employees.
Laws and Regulations
User access to and use of the Site
is subject to all applicable federal, state and local laws and regulations. Unauthorized
use of this system is prohibited and violators can be prosecuted under federal and
state laws. Ohio law and Federal law will govern the interpretation and enforcement
of these Terms of Use.
Copyright and Trademark Information
The information contained at the
Site, including but not limited to text and images herein (other than certain images
licensed from third parties) and their arrangement, are copyright © 2007 by Carfolks.
All rights reserved.
The Carfolks name, representation
and its logo are trademarks of Carfolks. All other trademarks are property of Carfolks
unless otherwise designated or clearly implied herein as belonging to third parties.
Nothing contained at the site shall be construed as granting by implication, estoppel,
or otherwise any license or right under any patent, trademark, copyright (except
as expressly stated above) or proprietary rights of Carfolks or of any third party.
You are authorized by Carfolks to
copy, transmit or display any information registered or owned by Carfolks on any
page of the Site solely for your personal, non-commercial use, provided that any
such copy, transmission or display includes any copyright, trademark or service
mark attribution as it appears on such page. The information and materials contained
at the Site may not otherwise be copied, transmitted, displayed, distributed, downloaded,
licensed, modified, published, posted, reproduced, used, sold, transmitted, used
to create a derivative work or otherwise used for commercial or public purposes
without prior written consent from Carfolks.
The Site, including this page, may
contain other proprietary notices and copyright information, the terms of which
must be observed and followed. Certain images and information at the Site are the
copyright or trademark of third parties and any use is subject to the Terms of Use
of such third parties.
Limitation of Liabilities and
Warranties
INFORMATION ON THE SITE IS PROVIDED
"AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The information contained at the
Site may include technical inaccuracies or typographical errors. Carfolks from time
to time amends, changes, adds, deletes, updates or alters the information contained
at this Site, including information regarding the products and services described
at the Site, without notice. Carfolks assumes no liability for any errors or omissions
in the information contained at the Site and expressly disclaims any responsibility
to update the information contained at the Site.
IN NO EVENT SHALL CARFOLKS BE LIABLE
FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS,
WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT
AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE,
COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH,
THE SITE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES
OR ANY OTHER FORM OF SOFTWARE).
This site is protected under Section
230 of the Communications Decency Act of 1996 which states: ”No provider or user
of an interactive computer service shall be treated as the publisher or speaker
of any information provided by another information content provider. …. No provider
or user of an interactive computer service shall be held liable on account of any
action voluntarily taken in good faith to restrict access to or availability of
material that the provider or user considers to be obscene, lewd, lascivious, filthy,
excessively violent, harassing, or otherwise objectionable, whether or not such
material is constitutionally protected.”
Marketing
Regardless of whether you have chosen
to opt out of certain marketing offers from Carfolks, by using the email addresses
and/or links provided, you agree that we may market our services and the services
of other companies on the Site through the use of banner ads, "hyper-links,"
and other similar marketing devices. Products offered will be at the sole discretion
of Carfolks, and may be provided by companies not affiliated with Carfolks. Non-affiliated
companies will be solely responsible and liable for the provision of or failure
to provide stated services, benefits, or products. Carfolks does not legally endorse
or guarantee products or services provided by non-affiliated companies.
Links to Other Internet Web Sites
Some of the Web sites listed as
links herein are not under the control of Carfolks, but rather are exclusively controlled
by third parties. Accordingly, Carfolks makes no representations whatsoever concerning
such Web sites. Although Carfolks may provide a link to a third party, such a link
is not an authorization, endorsement, sponsorship or affiliation by Carfolks with
respect to such Web site, its owners or its providers. Carfolks is providing these
links only as a convenience to you. Carfolks has not tested any information, products
or software found on such Web sites and therefore cannot make any representations
whatsoever with respect thereto. It is up to you to take precautions to ensure that
whatever you select is free of such items as viruses, worms, trojan horses and other
items of a destructive nature.
IN NO EVENT WILL CARFOLKS BE LIABLE
TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR
ANY USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING
SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Comments, Content and Material
Sent to or posted on Carfolks.com
Any comments or materials sent to
Carfolks, including feedback data, such as questions, comments, suggestions or the
like regarding the content of any such documents (collectively "Feedback"),
posted photos, videos, and profile information posted by participating auto retailers
and their employees or contractors, shall be deemed to be the property of Carfolks
and may be used by Carfolks or its affiliated companies in any manner they see fit.
Use of the Feedback will be in compliance with the Carfolks Privacy Policy, which
is set forth on the Site, and applicable laws. Carfolks shall have no additional
obligations with respect to such Feedback and shall be free to reproduce, use, disclose,
exhibit, display, transform, create derivative works and distribute the Feedback
to others without limitation. Further, Carfolks shall be free to use any ideas,
concepts, know-how or techniques contained in such Feedback for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing products incorporating
such Feedback. Application information submitted to Carfolks shall be treated confidentially
to the extent required by applicable law or as disclosed in the application.
Dealer Eligibility
Our dealer directory is intended
to include all new vehicle franchised dealers and upon request we will include eligible
Independent auto dealers. For an Independent auto dealer to be included they
should maintain an average inventory of 15 or more units, have a website which provides
a physical address and phone number and lists their current inventory. Carfolks
reserves the right to exclude or remove any dealership from our directory.
Dealers, as a company selling vehicles and services to the public are included
in our directory for the public to rate their products, services and personnel.
Auto Brokers can be included in the directory by participating in our monthly sponsorship
program.
Email and Spam
You may not use the Carfolks network
for sending of bulk unsolicited commercial email (spam). It is also prohibited for
you to use a third-party network not under the control of Carfolks for the purposes
of sending spam or that advertises or refers recipients of the spam to any content
that is stored, delivered, or otherwise made available on the Carfolks network.
Further, you may not send email messages with forged email header information or
messages that otherwise indicate that Carfolks was involved in the transmission
of such material.
Network and System Security Violations
Network and system security violations
are prohibited by Carfolks, and Carfolks reserves the right to pursue criminal and/or
civil charges and/or work in conjunction with legal authorities in relation to any
such violation. Examples of such violations include, but are not limited to, the
following:
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Unauthorized access of the Site,
networks, data, servers, databases, etc.
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Any attempt to test, probe,
or scan any Carfolks system or network (or use the Carfolks network or systems for
the purposes of such tests) in order to ascertain vulnerability, or any attempt
to breach security or authentication measures without authorization.
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Unauthorized monitoring of
traffic or data on any network or system without authorization from the owner of
such network or system.
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Any attempt to interfere or
disrupt any service or network by using the following, but not limited to, methods:
flooding, mail-bombing, denial of service attacks, or any other deliberate attempts
to overload a system.
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The forging of any TCP-IP
packet headers or any part of the header information in newsgroup posting or emails.
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Any usage or attempted usage
of services for which you are not authorized to use.
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Carfolks.com does not guarantee
or warrant that the website or any information found on the website will be free
of infection, viruses, worms, or other codes or features that manifest contaminating
or destructive properties, nor can Carfolks.com provide any assurance that unauthorized
persons will not be able access your computers, data or systems by means of this
website or systems or through use of e-mail addresses, user names or other information
they may find on the website.
Users and participants on the website
are responsible for implementing sufficient procedures to satisfy your particular
requirements for system security, accuracy of data input and output and for maintaining
your own means for the reconstruction of any lost data or otherwise dealing with
system security breaches.
Reviews
The Carfolks website includes reviews of public and private vehicle dealerships,
vehicles and employees of retail auto dealerships. Although Carfolks.com does not
control the content or information in the reviews and as a policy will not edit
any reviews, it reserves the right to edit or remove any review that violates any
of these terms and conditions or for any other reason might be objectionable to
Carfolks.com and its neighbors. It is a condition of your use of this website that
you do not:
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Post, transmit or link to any untrue,
abusive, unlawful, threatening, vulgar, libelous, defamatory, obscene, harassing,
fraudulent, pornographic, profane, or indecent information of any kind, including
without limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate
any local, state, national or international law.
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Restrict or inhibit any a registered
user from posting a review.
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Post more than one review per purchase
transaction
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Make any posting using a false or
misleading user name, email address or other identifier.
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Post, transmit, link to or in any
way exploit any Information, software or other material for commercial purposes,
or which contains advertising or other forms of solicitation, including chain letters,
pyramid schemes or anything else that is not relevant to the stated purpose of Carfolks.com.
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Post or transmit any material that
you don't have the right to transmit under law (e.g., that which is the intellectual
property of another). Carfolks.com will follow the procedures required under the
Digital Millennium Copyright Act if it believes in good faith that copyrighted material
that has been illegally copied and submitted to this website.
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Indemnification
By using this website, you agree to indemnify, defend and hold Carfolks.com harmless
from and against any losses, actions, claims, proceedings, suits, judgments, settlements
or liabilities arising out of your violation of these terms and conditions or out
of any review or information you may post or submit. You are responsible for maintaining
the security of your user name and password and you are responsible for all statements
or reviews made and acts that occur through the use of your user name and password.
Reporting Terms of Use Violations
and Carfolks Remedies
It is your responsibility to immediately
take action to prevent any known or suspected Terms of Use violations and immediately
report the violation to Carfolks. Should Carfolks become aware of any violation
as solely determined by Carfolks, Carfolks reserves the right to block access to
any content, suspend or terminate any affected service, block access to the Site
or take action deemed appropriate by Carfolks. Carfolks will attempt to provide
you with notice if Carfolks deems it necessary to suspend or terminate a service
or block access to the Site, but Carfolks reserves the right to suspend or terminate
a service or block access to the Site immediately and without notice to you if Carfolks,
at its sole discretion, determines that the violation is harming Carfolks service,
visitors, network, customers, or users. Carfolks will not be liable for any damages
of any nature that may result from a violation of this Terms of Use, and you hereby
agree to indemnify Carfolks against any and all damages that may arise from a violation
of this Terms of Use by you or other users and visitors.
Complaints or reports of a violation
of these Terms of Use can be sent to us via our contact form on the website or you
may write to us at Carfolks| 151 Innovation Drive, Suite 320 | Elyria, OH 44035