You acknowledge and agree that by accessing the Beyondnice Website that this is a legally binding agreement between you and Beyondnice supported by reasonable and valuable consideration, and that you have read these terms carefully.
You acknowledge and agree that the Beyondnice Website and all materials on it, including without limitation, the Website’s content, software, technology and databases, contain proprietary information and data that is protected by applicable copyright, trademark, trade secret and other intellectual property laws (Beyondnice’s "Proprietary Information").
The Proprietary Information also includes, without limitation, the software programming and html and other code contained in the Beyondnice Website, Beyondnice Valuation Tools and other vehicle information, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Beyondnice Website.
Beyondnice Valuation Tools is a compilation of information and data on the price of vehicles that is derived from a variety of sources including Beyondnice’s own proprietary data and Beyondnice’s own valuation experts. All Proprietary Information on Beyondnice’s Website is owned by or licensed to Beyondnice and may only be used pursuant to the “License for Personal Use” below.
By offering the Beyondnice Website for use, we grant you a limited, nonexclusive, nontransferable, revocable license and permission to access and make non-commercial personal use of the Beyondnice Website strictly subject to these terms (“License for Personal Use”). You may not download, modify, reproduce, re-use, display to the public, sell or otherwise extract data, images, or any other content from any portion of the Beyondnice Website (other than your own "User-Generated Content," as described below), except with Beyondnice’s written (“written” includes e-mail) consent.
This license does not include any resale or commercial use of the Beyondnice Website or its content; any collection or use of any vehicle information or Beyondnice Vehicle Values for commercial purposes; any collection or use of the editorial content or the content submitted by visitors to the Beyondnice Website; any derivative use of the Beyondnice Website or its content; or any use of data mining, robots or similar data gathering or extraction tools or processes; and you agree not to do any of the foregoing. Except as explicitly provided in these terms, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the contents of any portion of the Beyondnice Website for any commercial purpose.
Notwithstanding the preceding paragraphs, you may display and print a single copy of pages of the Beyondnice Website for your personal non-commercial use.
All contents of the Beyondnice Website are: Copyright 1996-2016 by Beyondnice Group, LLC and its affiliates or subsidiaries. All rights reserved.
All Beyondnice copyrights, trademarks, and other Beyondnice marks, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of The Beyondnice Group, LLC or its affiliates and subsidiaries are the property of Beyondnice. Beyondnice trademarks and trade dress may not be used in connection with any product or service that is not Beyondnice's, in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits Beyondnice. All other trademarks not owned by Beyondnice or its affiliates that appear on this site are the property of their respective owners.
We respect the intellectual property of others. If you believe that your work has been copied — by us or by any third party on the Beyondnice Website — in a manner that constitutes copyright infringement, please provide us with the following written information.
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. Notice of claims of copyright infringement on the Beyondnice Website should be sent to:
Attention: Legal Department
141 River’s Edge Dr., Suite 200
London City, MI 49684
You agree that you will not use the Website in violation of any term or condition of this Agreement, outside of its customary and intended purposes, to violate the rights of third parties, or to violate any applicable rule, law, regulation, ordinance, treaty, or statute, whether local, state, provincial, regional, national, or international. You are explicitly prohibited from:
The Beyondnice Website may provide certain ways for you to participate in surveys, contests, promotions or to otherwise communicate with other Website users or visitors or with us by submitting content to the Website. When you submit content, you agree to abide by the following terms:
If you provide your email address to Beyondnice, you consent to receive communications from Beyondnice to that email address. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your use of the Beyondnice Website is solely at your own risk. The materials, information, software, products and services (collectively “services”) contained on or available through the Beyondnice Website are provided “as is” and without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. There is no warranty that the services will meet your requirements, or that your access to the Website will be uninterrupted or error-free.
The Beyondnice Website may contain third-party advertising and sponsorship. The advertisers and sponsors are responsible for the content of this information, and Beyondnice makes no representations or warranties as to the accuracy or legality of these advertisements. Beyondnice will not be responsible for the illegality of, or any error or inaccuracy in, advertisers' or sponsors' materials, or for the acts or omissions of such advertisers or sponsors.
Beyondnice does not warrant, guarantee, or make any representations with respect to performance, accuracy, reliability, security, capability or currentness of the Website or services. Under no circumstances will Beyondnice be liable to you for any damages, including consequential, incidental, or special damages, arising out of the use or inability to use the Beyondnice Website or services, even if Beyondnice has been advised of the possibility of such damages. To the extent that any particular disclaimer, limitation on damages or liability, or any other provision of these terms is prohibited by law, then instead, Beyondnice will be entitled to the maximum disclaimer, limitation on damages, warrantees or liability, or other protection available under such law.
All vehicle values and other information displayed on the Beyondnice Website are gathered from public and non-public sources, including Beyondnice Proprietary Information, and are based on algorithms that are believed by us to be reliable (other than User-Generated Content, as to which we make no such representation), but no assurance can be given that this information is accurate, complete or current. Vehicle values will vary depending on specifications, vehicle conditions or other particular circumstances. We do not warrant the accuracy of, or assume (and you agree that Beyondnice does not bear any) responsibility for any errors or omissions in the information, advice, recommendations or guidance provided on the Beyondnice Website.
Beyondnice reserves the right to change the terms under which the Beyondnice Website is offered. We will let you know about them by revising the “last updated” date at the bottom of the terms. By continuing to use the Beyondnice Website after Beyondnice has posted changes to these terms, you agree to and accept the changes. You may not use Beyondnice Website and may not accept the terms if you are a person barred from using services that Beyondnice provides under the laws of any country in which you are resident or from which you use the Beyondnice Website. Beyondnice also reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the Beyondnice Website for any reason with or without notice to you.
The Beyondnice Website may contain links to other websites (“linked sites”). While we encourage you to consult such linked sites, Beyondnice does not control, endorse or guarantee any of the content found on such linked sites, or the content of any advertising we display; we are not responsible for the claims made by those third parties or for the products or services those third parties provide; and we do not guarantee or warrant the prices, terms, quality, reliability or performance of the products or services provided by those third parties.
You agree that Beyondnice is not responsible for any advertising that we display, or for any content, associated links, resources or services on or provided through sites not operated by us, and that Beyondnice shall not be liable for any loss or damage of any kind arising from or incurred in connection with your use of linked sites or any third-party content, services or products.
If applicable, you agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access Beyondnice services. Accordingly, you agree that you will be solely responsible to Beyondnice for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Beyondnice immediately.
You agree that you will be responsible for any damages resulting from any violation of these terms. You further agree to indemnify and hold The Beyondnice Group, LLC, and its affiliates, subsidiaries, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms, or any violation of any law or the rights of any third party that occurs in connection with your use of the Beyondnice Website.
Any violation of these terms will terminate the permission and license granted by Beyondnice to access and make use of the Beyondnice Website. Beyondnice shall not be liable to you or any third party for termination of access to the Beyondnice Website.
To the maximum extent permitted by law, these terms are governed by the laws of the State of Michigan excluding its conflicts of laws rules, and you hereby consent to the exclusive jurisdiction and venue for any claim or action arising out of or related to these terms or your use of the Beyondnice Website shall be in the courts located in the county of Grand London or in the Western District of Michigan in the State of Michigan, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
You also agree that in the event of any action to enforce or interpret these terms, the prevailing party shall be entitled to collect its reasonable attorneys’ fees. Use of the Beyondnice Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including without limitation this paragraph. You agree that any claim arising out of or related to these terms or your use of the Beyondnice Website must be filed by you within one (1) year after such claim arose, or it is forever barred.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beyondnice as a result of this agreement or use of the Beyondnice Website.
Beyondnice’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Beyondnice’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Beyondnice Website or information provided to or gathered by Beyondnice 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 the agreement shall continue in effect. Unless otherwise specified here, this agreement constitutes the entire agreement between the user and Beyondnice with respect to the Beyondnice Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Beyondnice with respect to the use of the Beyondnice Website.
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. It is the express wish of the parties that this agreement and all related documents be drawn up in English and the English language meaning of the terms will govern your relationship with Beyondnice.
You agree that if Beyondnice does not exercise or enforce any legal right or remedy which is contained in the terms (or which Beyondnice has the benefit of under any applicable law), this will not be taken to be a formal waiver of Beyondnice’s rights and that those rights or remedies will still be available to Beyondnice.
Last Updated April 2016.