Terms of Use

This Terms of Use applies to websites owned and operated by AutoWeb, Inc., 18872 MacArthur Blvd., Suite 200, Irvine, California 92612 ("AutoWeb" or "Company"). Such websites are referred to herein as "AutoWeb Websites."

The AutoWeb Websites, including the services and features contained herein, are offered to you, the user, conditioned on your acceptance of, and agreement in the manner set forth herein to be bound by, without modification, all the terms and conditions contained within these Terms of Use ("Terms of Use"). The Terms of Use also apply to any co-branded or framed version of the Website.

By accessing, browsing and/or using the AutoWeb Websites, you acknowledge that you have read, understood, and agree, to be bound by the Terms of Use and the terms of the AutoWeb Privacy Policy, which is incorporated by reference into these Terms of Use and can be reviewed by clicking on the following link AutoWeb Privacy Policy, and to comply with all applicable laws, rules and regulations associated with your use of the AutoWeb Websites. If you do not agree to the Terms of Use, you are not authorized to use the AutoWeb Websites. The material provided on the AutoWeb Websites is protected by law, including, but not limited to, United States Copyright Law and international treaties. The AutoWeb Websites are controlled and operated by AutoWeb from its offices within the United States. AutoWeb makes no representation that materials available on the AutoWeb Websites are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the AutoWeb Websites from other locations do so at their own initiative and are responsible for compliance with applicable local laws.

These Terms of Use may be amended from time to time without notice, in AutoWeb’s sole discretion. Any changes to the Terms of Use will be effective immediately upon the posting of the revised Terms of Use on the AutoWeb Websites. Please note that your use of certain materials and features of the AutoWeb Websites may be subject to additional terms and conditions. By using those materials and features, you also agree to be bound by such additional terms and conditions.

Description of AutoWeb Services

AutoWeb, an online leader offering consumer purchase requests and marketing resources to car dealers and manufacturers and providing consumers with the information they need to purchase new and used cars, pioneered the automotive Internet when it launched autobytel.com in 1995. AutoWeb continues to offer innovative products and services to help consumers buy, and automotive dealers, manufacturers and other vehicle sellers (dealers, manufacturers and other vehicle sellers are collectively referred to herein as "Vehicle Sellers") sell, more used and new cars. AutoWeb has helped tens of millions of automotive consumers research vehicles; connected thousands of dealers nationwide with motivated car buyers; and helped every major automaker market its brand online. Through its websites, including Usedcars.com, Autobytel.com® and Car.com℠, AutoWeb continues its dedication to innovating the industry's highest quality Internet programs to provide consumers with a comprehensive and positive automotive research and purchasing experience, and auto dealers, dealer groups and auto manufacturers with one of the industry's most productive and cost-effective customer referral and marketing programs. AutoWeb offers valuable shopping and research features to help you buy, sell and maintain your automobile, including new and used car research, new and used car price quotes supplied by Dealers and Other Vehicle Sellers, used car vehicle listings, the MyGarage vehicle ownership experience, as well as information and links to providers of insurance, auto finance, and other products and services.

As an online marketing and referral service for the automotive industry and for related products and services. AutoWeb is NOT a Vehicle Seller, a broker or agent for Vehicle Sellers or a provider of or broker or agent for auto financing, insurance or other automotive-related products or services offered by third parties ("Product and Service Providers"). Content and information displayed on the AutoWeb Websites is being provided for educational purposes only. The AutoWeb Websites are designed to enable users to obtain online and offline price, payment and financing quotes from participating Vehicle Sellers and Product and Service. AutoWeb does not provide these price or payment quotes and is not responsible for any such quotes or other information provided by Vehicle Sellers or Product and Service Providers All quotes are estimates only and exclude state and local taxes, as well as any state and local governmental charges, including without limitation, registration, license and title fees, documentary fees, emissions certification fees and added accessories you may choose to place on a vehicle. On occasion, errors by the Vehicle Sellers or Product and Service Providers may occur in the entry of condition, warranty, pricing and/or payment data that forms the basis of such quotes furnished through AutoWeb Websites. AutoWeb is not responsible for these errors, but works with Vehicle Sellers and Product and Service Providers to correct these errors when they come to AutoWeb’s attention. AutoWeb plays no part in actual sales transaction or in brokering sales transactions and has no control over the quality or safety of the vehicles advertised, nor the truth or accuracy of vehicle descriptions (including condition or installed options or equipment), the actual availability of any specific vehicle listed or the truth or accuracy of descriptions of other products or services. In addition, AutoWeb does not own or operate any services used for facilitating the actual sale or transfer of vehicles between buyers and sellers, including escrow services or title transfer services. Avoid any such service that claims to be operated by AutoWeb. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease of a vehicle or the purchase of other products or services, as neither a Vehicle Seller nor a Product and Servicer Provider is prohibited from independently negotiating all of the terms and conditions of the final sale or lease. Any terms, conditions, warranties or representations in a written contract with the Vehicle Seller or Product and Service Provider are legally binding upon you. AutoWeb is not a party to any transaction between you and a Vehicle Seller or a Product and Servicer Provider and makes no representations or warranties, implied or otherwise, with respect to any vehicles (including, without limitation, the condition of vehicles listed on an AutoWeb Website) or any other products or services.

Because AutoWeb is only a distributor of content and other information provided by Vehicle Dealers and Product and Service Providers, in the event of any type of dispute over a vehicle or other product or services listed or displayed on an AutoWeb Website, you agree that any reliance on content or information provided on an AutoWeb Website is at your own risk, and unconditionally release AutoWeb , its affiliated companies, and each of their respective officers, directors, employees, agents, service providers, content providers and licensors (“AutoWeb Parties”) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. AutoWeb is not responsible for statements made by others on AutoWeb Websites or on websites not owned or operated by AutoWeb. AutoWeb is not responsible for the accuracy, usefulness for a particular purpose or completeness of information provided by third parties that are available on or through the AutoWeb Websites. A consumer’s purchase request or inquiry regarding a vehicle may have originated on a website that is not owned or operated by AutoWeb and was referred to AutoWeb by the third party owner or operator of the website. AutoWeb is not responsible for any data, information, content or statements made or displayed on those third party websites. We invite you to bring to our attention any material on an AutoWeb Website that you believe to be inaccurate. Please forward a copy of the material you believe to be inaccurate and the reasons for your belief to ConsumerCare@autobytel.com.

For your convenience, we make available a variety of links to other websites that we do not own or operate where you can obtain automotive related products and services, including insurance, warranties, financing and parts and service. Such links are provided for your convenience and reference only. Although we encourage you to visit such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. AutoWeb not responsible for the products or services these vendors provide or the statements, data, information or other content displayed on such websites. AutoWeb's inclusion of links to such websites does not imply any endorsement of the material on such websites.

Privacy

AutoWeb is committed to respecting your privacy and protecting your personally identifiable information. Any information AutoWeb may collect through your use of an AutoWeb Website is subject to AutoWeb’s Privacy Policy, which can be viewed at AutoWeb Privacy Policy.

AutoWeb maintains relationships with Vehicle Sellers and Product and Service Providers for most of the products and services featured or displayed on AutoWeb Websites, including vehicles and automotive-related products and services such as vehicle parts and service, financing, insurance, and extended warranties. The information made available to users of the AutoWeb Websites by Vehicle Sellers and Product and Service Providers may be presented in a "framed" format, where the AutoWeb border will surround the pages served by the Vehicle Sellers or Product and Service Providers, or by directly linking the user to the vendors' websites. In either case, be aware that any information about yourself that you provide on such pages, third party websites or via in-person, telephone or other voice communication, texting, facsimile, or emailing contact with the Vehicle Seller or Product and Service Provider is provided directly to those Vehicle Sellers and Product and Service Providers and is subject to and governed by their security and privacy policies. We encourage you to read the privacy policies of these third parties because their privacy policy and practices may differ from those of AutoWeb, and AutoWeb is not responsible for the use of the information the user provides to these third parties.

Referrals to Vehicle Sellers and Other Internet Marketing Companies

AutoWeb reserves the right not to forward your purchase request to a Vehicle Seller or Product and Service Provider in its sole discretion. At its discretion, AutoWeb will attempt to forward your request to one or more Vehicle Sellers, although AutoWeb can not assure you that AutoWeb will be able to match your request with a Vehicle Seller. In addition, AutoWeb may elect to send your request to only one Vehicle Seller even if there is more than one Vehicle Seller available to provide to you a response to your purchase request. AutoWeb may resell your purchase request to other Internet marketing services companies that may be able to match your request with a Vehicle Seller. In certain circumstances AutoWeb may not be able to match your purchase request to any Vehicle Seller or alternative Internet marketing services company, in which event you will likely not hear back from AutoWeb or anyone referred to you by AutoWeb. When you do hear back from a Vehicle Seller or any one else AutoWeb may refer your purchase request to please remember that AutoWeb is not responsible for anything they may say to you or any agreement you may enter into with them. The statements made by any such person to you or any agreement you reach with them are strictly between you and them and AutoWeb disclaims all responsibility.

All transactions are conducted by and fulfilled through Vehicle Sellers that are not owned by or affiliated with AutoWeb. AutoWeb does not guarantee vehicle prices or availability. All vehicle descriptions and prices provided to you either on an AutoWeb Website or via separate contact by a Vehicle Seller following your submission of a purchase request are made by the participating Vehicle Sellers and not by AutoWeb. All vehicles prices and descriptions listed as available on an AutoWeb Website under the AutoWeb Used Car pages are established and electronically placed there by the participating Vehicle Seller that is offering the vehicle for sale or lease and not AutoWeb. ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST IS PROCESSED. ALL PRICES AND TERMS ARE VALID ON DATE OF PUBLICATION ONLY. All data and information used in our research tools for configuring vehicles, selecting options, determining pricing, invoice or incentives on this Website are supplied by third party vendors for educational purposes only and are not intended to be binding on AutoWeb or the subscribing dealer. All tools appearing on this Website that allow for configuring vehicles with different options do so with such items that are typically available from the manufacturer and are typically available at local dealerships and may not be indicative of all of the configurations and equipment available on the vehicle being configured or the exact price(s) for a vehicle so equipped. Any discrepancies or mistakes made regarding vehicle availability, condition or pricing are not the responsibility of AutoWeb and should be directed to the dealer or third party vendor responsible for providing the information. AutoWeb does not guarantee either expressly or by implication that AutoWeb will find a vehicle that meets your specifications. Exact matches can be extremely difficult to find because of geographic location, vehicle popularity, and limited production or factory-to-dealer allocations.

Referrals for Specialty Automotive Credit

You are not required to apply for vehicle financing as a condition of your using an AutoWeb Website or any of the products or services offered on an AutoWeb Website. Independent third party lenders, and not AutoWeb, provide all vehicle-financing programs and make all credit evaluations and decisions. AutoWeb is not a lender, does not make credit evaluations or credit decisions and is not responsible for credit evaluations or decisions made by third party lenders. If you choose to apply for financing through one of the independent third party lenders that market their finance products and services on AutoWeb Websites, you do so with this understanding. You will be asked to submit an application for credit and other documentation as the lender deems necessary in order to facilitate the loan. Payment information provided to you on AutoWeb Websites is for educational purposes only and shall not be considered as final. Your qualification for financing and, if qualified, the actual terms of your financing will be based upon, among other things, the results of an independent credit evaluation performed by or on behalf of the third party lender, current prevailing interest rates, and the length and amount of the loan requested.

Referrals for Insurance

You are not required to apply for vehicle insurance as a condition of your using an AutoWeb Website or any of the products or services offered on an AutoWeb Website. Independent third party insurance companies or their brokers or agents, and not AutoWeb, provide all vehicle insurance programs. AutoWeb is not an insurance company or broker or agent acting on behalf of any insurance company or for the consumer and is not responsible for insurance quotes or policies made or offered by third party insurance company’s or their brokers or agents. If you choose to apply for insurance through one of the independent third parties that market their insurance products and services on AutoWeb Websites, you do so with this understanding. You will be asked to submit an application for quotes and other documentation as the third party deems necessary in order to facilitate the quote or policy. Payment information provided to you on AutoWeb Websites is for educational purposes only and shall not be considered as final. Your qualification for insurance and, if qualified, the actual terms of your policy will be based upon, among other things, the results of an independent evaluation performed by or on behalf of the third party.

The insurance coverage presented by participating insurers is designed to meet the insurance needs of a majority of consumers. Your particular circumstances may differ and thus may require additional information. By supplying these information resources, Autobytel.com is not making any recommendations or providing any advice as to whether or not any particular insurance coverage is suitable for your individual circumstance. AutoWeb does not endorse or recommend any specific insurance company or coverage plan. Your decision to select any particular insurance company and coverage plan should be based upon your own assessment of your individual needs and the amount of insurance coverage that meets those needs. All premiums displayed are estimates and not guaranteed.

Referrals for Other Products and Services

You are not required to purchase or subscribe to any product or service as a condition of your using an AutoWeb Website or any of the products or services offered on an AutoWeb Website. Independent third parties, and not AutoWeb, offer these products and services AutoWeb is not a broker, agent or retailer acting on behalf of any third party or for the consumer and is not responsible for any offers of products and services or for the products or services offered by third parties or their brokers or agents. If you choose to purchase or subscribe for any of these products or services, you do so with this understanding.

Advertising presented on AutoWeb Websites

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through an AutoWeb Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge and agree that AutoWeb will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertising on an AutoWeb Website.

Registration

In order to access certain features of an AutoWeb Website, you may be required to register for a website account ("User Account"). If you opt to register for a User Account, for example in our MyGarage section, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the website. If AutoWeb has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete or your use of the website is improper, all as determined by AutoWeb in its sole discretion, AutoWeb may suspend or terminate your User Account and refuse any and all current or future use of the website (or any portion thereof). You are responsible for all use of your User Account under any screen name or password by any person or entity and for ensuring that your User Account complies fully with the provisions of these Terms of Use. You will be responsible for protecting the confidentiality of your password. You acknowledge and agree that AutoWeb may send you important information and notices regarding your account and the website by email, text messaging (if you opted in to receive this service and AutoWeb provides it) or other means based on the information you provided. You acknowledge and agree that AutoWeb will have no liability associated with or arising from your failure to maintain accurate information about yourself, including, but not limited to, your failure to receive important information and updates about the website. AutoWeb may at any time, in its sole discretion, close any User Account for any reason or terminate any product or service that requires a User Account.

Rebates and Incentives

Information regarding rebates or incentives as they appear on AutoWeb Websites are provided to AutoWeb from independent third party data providers and republished for educational benefit only. AutoWeb relies on third party provides for this information and thus cannot be verified by AutoWeb. Rebate and incentive information on AutoWeb Websites should not be and is not intended to be a substitute for direct communication between you and the manufacturer or manufacturer's dealer/agent. Any regional and national cash incentives or rebates offered to consumers by the manufacturer are exclusively between you and the manufacturer or dealer and may affect the actual sale price of the vehicle. AutoWeb does not participate in any such program and is not responsible for ensuring the incentive amount or your receipt of such benefits.

Proprietary Rights and Use Limitations

AutoWeb Websites are for your personal and non-commercial use. All materials on or available through AutoWeb Websites, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, information or data, illustrations, artwork, software, clips and other elements making up a website (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by AutoWeb or by other parties that have licensed or otherwise provided their materials to AutoWeb. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from an AutoWeb Website. The Content available through AutoWeb Websites is the sole property of AutoWeb or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, AutoWeb-owned content received through an AutoWeb Website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by AutoWeb licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through an AutoWeb Website to anyone, including but not limited to others in the same company or organization, except as authorized by AutoWeb by express prior written consent or in connection with your use of social media functions provided by AutoWeb on AutoWeb Websites.

You have no right to use any names, marks, logos, copyright titles, trademarks, service marks or other property of AutoWeb or any third party that provides Content to AutoWeb for display on the AutoWeb Websites, except as expressly provided herein. Any other trademarks or service marks and associated logos found herein are the trademarks or service marks of their respective owners. All rights not granted herein are hereby expressly reserved by AutoWeb and its licensors.

We respect the intellectual property of others. If you believe that your work, trademark or other intellectual property has been copied, displayed or otherwise infringed by us or by any third party on an AutoWeb Website, please provide the written information specified below.

Your written notice should be sent to AutoWeb at the following address:

AutoWeb, Inc.
18872 MacArthur Blvd., Suite 200
Irvine, California 92612-1400
Attention: Legal Department

Submissions of User Generated Content

AutoWeb may permit written material, including but not limited to blogs, car ratings, dealership ratings, comments and reviews to be submitted by you and other users (collectively, "User Generated Content"). In order to submit User Generated Content to AutoWeb, you must be a legal resident of the 50 United States or the District of Columbia who is of legal age of majority in your jurisdiction of residence (and at least 18 years of age). Certain features on AutoWeb Websites that permit the submission of User-Generate Content only by using a third party service provider (such as Facebook, Twitter and DISQUS) that requires you to register and open an account with the service provider. By registering with the third party service provider you will be governed by the service provider’s terms and conditions of use and privacy policy in addition to being governed by these Terms of Use and AutoWeb’s privacy policy.

AutoWeb respects the intellectual property of others and cooperates with all law enforcement authorities and complies with any governmental or judicial requests or orders requesting or directing AutoWeb to disclose any information we have about the identity of anyone uploading, downloading, or posting materials, or otherwise using an AutoWeb Website in violation of any applicable federal, state, or local laws. By making a submission of User-Generated Content, you agree and represent that such User-Generated Contents was originated by you and is accurate and that you own all right, title and interest in the User Generated Content. You may be required to provide documentation in a form acceptable to AutoWeb evidencing such rights. You also agree that your User-Generated Content : (i) does not violate, and its use will not violate, the rights of any third party including any right of publicity, right of privacy or any other proprietary right of another; (ii) does not violate, and its use will not violate, any applicable federal, state or local law , rule or regulation; (iii) is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity or give rise to civil or criminal liability,; (iv) does not promote any activities that may appear unsafe or dangerous; (v) does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of the foregoing); (vi) does not post advertisements or solicitations of or for any business or commercial activity; (vii) does not contain copyrighted materials or trademarks, logos, or trade dress owned by others; and (viii) does not contain materials embodying the names, likenesses, voices, or other indicia identifying any person including, without limitation, celebrities and/or other public or private figures (or using look-alikes of the same), living or dead.

You agree not to: (i) use an AutoWeb Website, the Content (including, without limitation, User Generated Content), or any products or services included on or available through the AutoWeb Websites for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying the AutoWeb Websites, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the AutoWeb Websites are able to type, hacking or defacing any portion of an AutoWeb Website, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of an AutoWeb Website or any Content on an AutoWeb Website. You agree not to solicit, for commercial purposes, any users of an AutoWeb Website with respect to their User Generated Content.

If you submit User Generated Content to an AutoWeb Website, you hereby grant to AutoWeb and its designees and licensees a perpetual, irrevocable, non-exclusive, fully-paid up, royalty free, sublicenseable and transferable license to use the User Generated Content for all purposes, in any and all media now or hereafter known throughout the universe without restrictions of any kind or any approvals or consents required from you or any third party. For example, the above license grant permits AutoWeb and its designees and licensees to use all or only certain portions of your User Generated Content that you provide, and/or incorporate other materials, either created by AutoWeb or licensed from others, with your User Generated Content. If AutoWeb creates other or derivative works using your User Generated Content, those works will be owned by AutoWeb and may be used in accordance with the Terms of Use, and shall not be subject to your further approval or give rise to any obligation on the part of AutoWeb or its designees and licensees to account to you or pay you for use. You also hereby grant each user of an AutoWeb Website a non-exclusive license to access your User Generated Content through an AutoWeb Website, and to display and perform such User Generated Content as permitted through the functionality of the AutoWeb Websites and under these Terms of Use. You will not have any claim against AutoWeb, its designees, licensees or users with respect to such use of the User Generated Content, and to the extent, a claim is made against AutoWeb or any of our designees, licensees or users by any third party with respect to any User Generated Content you submit, you agree to indemnify and hold AutoWeb and its officers, directors, shareholders, employees, agents, affiliated entities, licensees, designees and users harmless with respect to any such claims, including, without limitation, attorneys’ costs and expenses incurred in connection therewith. AutoWeb will have no liability to you or anyone else resulting from our failure or refusal to remove a User Generated Content. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further User Generated Content on AutoWeb Websites or from using or accessing our tools, and AutoWeb may pursue its rights and any remedies available under these Terms of Use, at law or in equity. When you submit User Generated Content, you understand that AutoWeb will have the right, but not the obligation, to use, display and publish your name, likeness, biographical information and/or statements, throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes by AutoWeb and its related entities. If AutoWeb makes use of any of the foregoing rights, you understand and agree that you shall not receive any other consideration, or payment, notification or credit, nor will you have any approval over how AutoWeb uses the foregoing rights. You understand that whether or not such User Generated Content is published or otherwise used, AutoWeb does not guarantee any confidentiality with respect to any submissions to an AutoWeb Website.

AutoWeb may reject any User Generated Content it determines does not to meet any of the criteria set forth above. Also, AutoWeb reserves the rights not to accept and to remove any User Generated Content for any reason, or no reason at all, in its sole discretion, including but not limited to a determination by AutoWeb that the User Generated Content does not comply with these Terms of Use or is not otherwise appropriate for an AutoWeb Website. AutoWeb will not advise you as to the reason why your User Generated Content has not been accepted or why it has been removed. AutoWeb may elect to post User Generated Content that AutoWeb believes does not violate the intent or purpose of these Terms of Use (e.g., incidental or insignificant uses of trademarks, logos, or copyrighted items) or otherwise make use of User Generated Content s as provided under these Terms of Use. AutoWeb reserves the right in its sole discretion, but undertakes no duty or obligation, to monitor, review, edit, move or delete any material (including, without limitation, User Generated Content) provided for display or placed on an AutoWeb Website. AutoWeb reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of User Generated Content or the ability to access User Generated Content with or without notice in its sole discretion. You agree that AutoWeb shall not be liable to you or to any third party for any suspension or discontinuance of acceptance of User Generated Content.

Liability Disclaimer

ALL CONTENT OR INFORMATION PROVIDED ON AUTOWEB WEBSITES IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN AUTOWEB AND YOU. IF YOU RELY ON AN AUTOWEB WEBSITE OR ANY CONTENT, INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH AN AUTOWEB WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, ERRORS AND/OR OTHER PROBLEMS WITH THE CONTENT, INFORMATION, PRODUCTS, AND SERVICES DISPLAYED ON OR PROMOTED OVER THE AUTOWEB WEBSITES. AUTOWEB WEBSITES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED. NEITHER AUTOWEB NOR ITS AFFILIATES, AGENTS AND LICENSORS, REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR INFORMATION AVAILABLE THROUGH THE AUTOWEB WEBSITES (OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH AN AUTOWEB WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE AUTOWEB WEBSITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT AN AUTOWEB WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUTOWEB AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO AN AUTOWEB WEBSITE BY YOU OR ANY OTHER THIRD PARTY.

UNDER NO CIRCUMSTANCES WILL AUTOWEB OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF ANY AUTOWEB WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON AN AUTOWEB WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF AUTOWEB AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO AN AUTOWEB WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE AUTOWEB WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS AUTOWEB, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, SUPPLIERS AND LICENSORS AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY CONTENT YOU PLACE ON ANY AUTOWEB SITE.

No Unlawful or Prohibited Use

As a condition of your use of any AutoWeb Website, you warrant to AutoWeb that you will not use any AutoWeb Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Modification of These Terms of Use

AutoWeb reserves the right to change the terms, conditions, and notices under which AutoWeb Websites are offered at any time without notice. By continuing to use an AutoWeb Website following our posting of any such change, you agree to be bound by these Terms of Use as changed.

General Terms

These Terms of Use and your use of the AutoWeb Websites is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, USA in all disputes arising out of or relating to the use of any AutoWeb Website. Use of any AutoWeb Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AutoWeb as a result of these Terms of Use or your use of an AutoWeb Website. AutoWeb's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of AutoWeb's right to comply with law enforcement requests or requirements relating to your use of an AutoWeb Website or information provided to or gathered by AutoWeb with respect to such use. If any part of these Terms of Use 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 these Terms of Use shall continue in effect. These Terms of Use constitute the entire agreement between you, the user, and AutoWeb with respect to the AutoWeb Websites and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AutoWeb with respect to the AutoWeb Websites. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted by AutoWeb herein are reserved by AutoWeb.

Questions regarding these Terms of Use should be sent to consumercare@autobytel.com