Web Site Usage Terms And Conditions
1. Important - read carefully. You may only access and use this web site according to these Usage Terms and Conditions. If you do not agree to these Usage Terms and Conditions, do not use any portion of the Site. The Site is operated by Auto Transporters Online, Inc. ("ATO"). ATO reserves the right to revise these Usage Terms and Conditions at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time.
2. Nonexclusive Usage. We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use. You may use the Site only as intended by ATO.
3. Your Communications, Content and Other Actions. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without our express written permission. You agree that you will not use the Site for chain letters, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list. Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (x) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (y) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (z) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any ATO employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) constitutes or encourages the conduct of a criminal offense; (iv) gives rise to liability; (v) promotes the use of controlled substances; (vi) causes injury of any kind to any person or entity; (vii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (viii) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (ix) creates a link to another Site.
4. Usage and Monitoring. While ATO has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, ATO reserves the right to delete and take other appropriate action with respect to such messages, information or files which ATO, in its sole discretion, deems objectionable or otherwise in violation of these Usage Terms and Conditions of Usage, including denying access to the Site to anyone at anytime. All persons are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing.
5. Privacy. Your use of the Site constitutes your consent to ATO's privacy policy posted from time to time on the Site. You may review the current ATO privacy policy.
6. Trademark Notice. "ATO," "Auto Transporters Online, Inc." and other related marks are trademarks and service marks of ATO and are protected by law. They may be used publicly only with permission from ATO. Fair use of the trademarks and service marks requires proper acknowledgment. ALL RIGHTS RESERVED.
7. Copyright Notice; Ownership. All materials on or used on the Site are protected by copyright, and owned or controlled by or licensed to ATO. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL IS PROHIBITED. Except as expressly set forth herein, ATO does not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secret information. Reproduction, copying, or redistribution of materials on the Site for commercial purposes without the written consent of ATO is expressly prohibited.
8. Email May Not Be Used to Provide Notice. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to ATO or any of its officers, employees, agents or representatives, such as where notice to ATO is required by contract, or any federal, state or local laws, rules or regulations.
9. Links to Other Sites and/or Materials. Links may appear on the Site that may be used to link to other Site(s). These links are provided as a courtesy to our Site visitors. ATO has no control over the linked Sites or the materials, information, goods or services available or contained on these linked Sites. ATO is not responsible for and does not endorse or warrant in any way any materials information, goods or services available through such linked Sites or any privacy or other practices of such Sites. If you decide to access any of the linked Sites, you do so entirely at your own risk. ATO reserves the right to terminate any link at any time.
10. Malfunctions and Viruses. You are responsible for notifying ATO of any malfunctioning of the Site. If you encounter problems, notify ATO. ATO will within a reasonable period of time after written notification from you investigate and attempt to remedy the cause of any malfunction of the Site that is within ATO's control. ATO is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site.
11. Disclaimer; Limitation of Damages.
(a) THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE SITE OR ACCESSED BY MEANS THEREOF) IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ATO MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL ATO, ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE'S CONTENT BE LIABLE FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE, FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES, OR FOR ANY ACTUAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS AND INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE SITE.
(b) Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. ATO reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither ATO nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
(c) ATO SHALL HAVE NO LIABILITY WITH RESPECT TO ATO'S OBLIGATIONS UNDER THESE USAGE TERMS AND CONDITIONS OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF ATO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
12. Indemnification. You agree to indemnify and hold ATO and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Usage Terms and Conditions of Usage, or the infringement by you of any intellectual property or other right of any person or entity.
13. Applicable Laws. ATO operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action brought in connection with the Site or Site content shall be brought in either the state or federal courts with jurisdiction in San Diego County, California.


