Beyondnice.com Terms of Use

Visitor Agreement

The Beyondnice Group, LLC (“Beyondnice”) Website comprises various web pages operated by Beyondnice (collectively the “Beyondnice Website” or “Website”). The Beyondnice Website is offered to you subject to your acceptance of the provisions of these Terms of Use (“terms”) without modification. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site, and your agreement to be bound by these Terms of Service. By using the Site, you agree to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site. If you do not agree to these terms, please exit the Beyondnice Website immediately. Beyondnice reserves the right to change these terms at any time without notice. In addition to these terms, when using a particular Beyondnice product or service online, you and Beyondnice may also be subject to any additional posted guidelines, terms, rules or restrictions applicable to such product or service.

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.

Beyondnice Proprietary Rights

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.

License for Personal Use

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.

Copyright and Trademark Notices

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.

Copyright Complaints

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.

  1. A description of the copyrighted work that you claim has been infringed upon;
  2. A description of where the material that you claim is infringing is located on the Beyondnice Website, including the URL of the page on which it appears;
  3. Your address, telephone number and email address;
  4. 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
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

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:

Beyondnice
Attention: Legal Department
141 River’s Edge Dr., Suite 200
London City, MI 49684

Acceptable Uses

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:

  1. Transmitting unsolicited commercial email messages to users of the Website;
  2. Imposing a disproportionate load on the Website or its server infrastructure, whether through a denial of service attack or otherwise;
  3. Attempting to interfere with the operation of the Website;
  4. Circumventing the Website’s technological protection or security mechanisms;
  5. Using a spider, scraper, or other automated technology to access the Website;
  6. Attempting to gain access to the personal, personally identifiable, or payment information of a user of the Website;
  7. Harassing a user of the Website;
  8. Posting or transmitting content through the Website that is harassing, threatens or encourages bodily harm, constitutes hate speech, or advocates for the destruction of property;
  9. Posting or transmitting content through the Website that infringes upon the rights of third parties, including intellectual property or other personal or proprietary rights;
  10. Posting or transmitting content through the Website that constitutes fraud, a phishing scam, a pyramid scheme, or a chain letter;
  11. Posting or transmitting content through the Website that is obscene, lewd, lascivious, or otherwise illegal.

User Generated

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:

  1. You represent and warrant that:
    1. you have all necessary right, power and authority to grant the license set forth here and to submit, post, email, upload, transmit or otherwise make available (hereafter “Submit” or “Submitted”) the content Submitted by you; and
    2. content Submitted by you does not violate, misappropriate or infringe any copyright, trade secret, trademark, privacy, publicity or other proprietary property right of any third party.
  2. You will not to use this Website or service to Submit content that:
    1. you do not have a right to make available under any law or under contractual or fiduciary relationships (including but not limited to insider information or proprietary and confidential information);
    2. promotes or contains information that you know, or should know, is false or misleading;
    3. furthers or promotes any criminal activity or enterprise or provides instructional information about criminal or otherwise illegal activities;
    4. contains a photograph(s) of, or information about, another person that you have posted without that person’s consent;
    5. contains viruses, Trojan horses, worms, or any other disruptive or harmful component;
    6. is transmitted in an attempt to impersonate another member or person.
  3. You are solely responsible for determining whether content Submitted while using this site or services complies with all the terms above in Paragraphs A & B.
  4. You acknowledge that Beyondnice does not endorse any content or any opinion, recommendation, or advice expressed in content Submitted by you, and Beyondnice expressly disclaims any and all liability in connection with your use of the Beyondnice Website and any content you Submit to the Beyondnice Website. You acknowledge that the materials and opinions expressed or included in any content Submitted by you or other users are not necessarily those of Beyondnice.
  5. By submitting content to the Beyondnice Website, you are granting to us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display that content throughout the world for any purpose and in any media (including for advertising or other commercial use). The licensed rights include, without limitation, any patent, trademark, copyright, trade secret, publicity or privacy rights in and to the Submitted information. These rights apply to your name, other personal information, photo, likeness and voice, if included in that content, and any net promoter score questionnaire responses. You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your content. If we publish your content or authorize or license others to do so, your content may be edited for length or clarity or for any other reason either before or after it is published in Beyondnice’s sole discretion, and it may or may not be attributed to you by name and city (if provided to us), and it may or may not be attributed to you by your Beyondnice Website username (if you have one). You are not entitled to any compensation or reimbursement of any kind from Beyondnice or its affiliates under any circumstances for your Submitted content. Further, Beyondnice will be free to use any ideas, concepts, knowhow or techniques contained in such Submitted information for any purpose whatsoever, including but not limited to developing, selling and marketing products and services incorporating such information.
  6. You will not attempt (or encourage or authorize others to attempt) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Beyondnice Website or services, and you agree to notify Beyondnice immediately if you are aware of such an attempt.
  7. You acknowledge and agree that Beyondnice has no obligation to review or monitor content Submitted by you, and you acknowledge that Beyondnice is merely acting as a passive conduit and is not undertaking any obligation or liability relating to your content or your activities or the content and activities of other users of the Beyondnice Website.
  8. You also acknowledge and agree that, notwithstanding Paragraph 7, Beyondnice reserves the right to alter, edit, refuse to post or remove any content Submitted by you, in whole or in part, for any reason or for no reason and Beyondnice has no obligation to use or respond to and content Submitted by you or others. If you feel that Submitted content is objectionable, you can report it to Beyondnice. Beyondnice will review the material, and if appropriate, may remove or edit the material, however, these options may not be available or may not occur immediately.
  9. You acknowledge and agree that you have no ownership claim in any compilation of data or information that is created by Beyondnice that incorporates information, photographs, data or other materials that you Submitted. You acknowledge and agree that Beyondnice may use any such Submitted information in a compilation and that Beyondnice is the sole owner of any such compilation of Submitted information.

Consent to Electronic Communications

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.

Assumption of Risk and Liability and Warranty Disclaimers

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.

Modification of Terms

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.

Links

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.

Co-Browsing Assistance

To assist you, Beyondnice may provide a co-browsing service that allows Beyondnice employees to view only your Beyondnice window with you. You will be required to acknowledge and agree to this assistance before Beyondnice employees can use this service to help you. You acknowledge that Beyondnice will endeavor to keep all private and confidential information secure to the extent possible and in accordance with Beyondnice’s privacy policy.

Passwords and Account Security (If Applicable)

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.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Beyondnice and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Beyondnice Website, with the delay or inability to use the Beyondnice Website or related services, the provision of or failure to provide services, or for any information, software, products, and services obtained through the Beyondnice Website, or otherwise arising out of the use of the Beyondnice Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Beyondnice has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Beyondnice Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Beyondnice Website.

Damages; Indemnification

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.

Termination/Access Restriction

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.

Choice of Law and Forum

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.

Miscellaneous Provisions

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.

Privacy and Personal Information

For information about Beyondnice data protection practices, please read Beyondnice’s privacy policy at beyondnice.info/corporate/privacy. This policy explains how Beyondnice treats your personal information, and protects your privacy. You agree to the use of your data in accordance with Beyondnice’s privacy and membership policies. Beyondnice has no control over the privacy policy of any third party company, so please examine their privacy policy prior to submitting any personal information. Beyondnice reserves the right to reveal your identity or user account information in the event of a claim, investigation, complaint, or legal action arising from your use of the Beyondnice Website and any content Submitted by you, including without limitation, furnishing such material and information regarding your identity and any other information we may have about you.

Last Updated April 2016.

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