Application of and Acceptance of Conditions of Use Agreement
1.1 For purposes of this Agreement, a "User" is any person who accesses our Site for whatever purpose.
A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User.
You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 Autohaus Rotorua may amend this Agreement at any time by posting the amended and restated Agreement on the Site.
The amended and restated Agreement shall be effective immediately upon posting.
This Agreement was last amended on April 17, 2009. Posting by Autohaus Rotorua of the amended and restated Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms. Also, the amended and restated Service will be applied retroactively to our Members.
This Agreement may not otherwise be modified, except in writing by an authorized member of Autohaus Rotorua.
2. Users Generally
2.1 Users may use this Site solely for their own personal or internal purposes.
Each User agrees that he/she shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Autohaus Rotorua") for the purpose of re-distributing the Autohaus Rotorua Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Autohaus Rotorua, or otherwise commercially exploiting the Autohaus Rotorua Content. Systematic retrieval of Autohaus Rotorua Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Autohaus Rotorua is prohibited.
In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
2.2 Some of the Autohaus Rotorua Content displayed on this Site is provided or posted by third parties ("Third Party Content").
Any Third Party Content is the sole responsibility of the party who provided the content.
Autohaus Rotorua is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Autohaus Rotorua is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
2.3 Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any offensive or sexually explicit material. We have the right to remove it.
2.4 Autohaus Rotorua reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.
Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business.
Each User hereby agrees that in no event shall Autohaus Rotorua be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
2.5 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Autohaus Rotorua and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
2.6 We urge that you read Autohaus Rotorua's Privacy Notice which governs the protection and use of each User's information in Autohaus Rotorua's possession.
Each User hereby accepts the Privacy Notice and any updates and amendments thereto. Each User acknowledges that Autohaus Rotorua may change the Privacy Notice from time to time provided that Autohaus Rotorua shall make available the updated version of the Privacy Notice on the Site at all times.
Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Notice which is then displayed on the Site at the time of such use.
3.1 All notices or demands to or upon Autohaus Rotorua shall be effective if in writing and shall be duly made when sent to Autohaus Rotorua in the following manner: to the address of Autohaus Rotorua, Attn: Legal Department.
3.2 All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Autohaus Rotorua, or by posting such notice or demand on an area of our Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
(a) Autohaus Rotorua is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
(b) immediately upon Autohaus Rotorua's posting such notice on an area of our Site that is publicly accessible without charge.
4.1 This Agreement and Autohaus Rotorua's Privacy Notice constitute the entire agreement between the User and Autohaus Rotorua with respect to access to and use of our Site, superseding any prior written or oral agreements in relation to the same subject matter herein.
4.2 Autohaus Rotorua and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
4.3 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
4.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
4.5 Autohaus Rotorua's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives Autohaus Rotorua's right to act with respect with subsequent or similar breaches.
4.6 Autohaus Rotorua shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Premium Services to any person or entity.
4.7 This Agreement shall be governed by the laws of the location of Autohaus Rotorua Headquarters without regard to its conflict of law provisions.
The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of the location of Autohaus Rotorua Headquarters.