This User Agreement ("Agreement") governs the use of Automotive Transfers, Inc.‘s (“ATI’s”) website (automotivetransfers.com), including participation in its inventory listing service for purchasing or selling new vehicle inventory. All services provided by ATI on automotivetransfers.com shall hereinafter be referred to as the “Services”. Use of automotivetransfers.com will constitute your agreement to be bound by the provisions of this Agreement and your acknowledgement of having read and understood its terms. This Agreement may be modified by Automotive Transfers, Inc. from time to time, with revisions published on automotivetransfers.com. Continued access of automotivetransfers.com by you will constitute your acceptance of any changes or revisions to this Agreement.
Automotivetransfers.com is a business website and is intended for commercial use only. You represent and agree that your use of automotivetransfers.com is for commercial purposes and does not constitute a consumer transaction. Automotivetransfers.com is an entity fully owned and operated by Automotive Transfers, Inc. Billing materials received by website users referencing the name Automotive Transfers, Inc. or automotivetransfers.com are just and viable bills for service, and will be paid as such. All credit card transactions will be done under the Automotive Transfers, Inc. name.
ACCURACY OF CONTENT
Automotivetransfers.com makes no representation or warranty as to the accuracy or timeliness of the information provided on the website. Vehicle inventory at ATI’s participating dealerships fluctuates daily, and while ATI will attempt to timely update its website to account for changes in vehicle inventory, you should contact an ATI sales representative by telephone or email to verify content accuracy. You acknowledge that you are using the Services at your own risk. You agree that all information provided by ATI is subject to verification by you. ATI is not responsible for liability that may arise from misrepresentations, inaccuracies or funding issues involving the potential sale or transfer of inventory. Buyers must perform the necessary due diligence before completing any vehicle transaction. You acknowledge that ATI has not reviewed the content of all sites linked to or from automotivetransfers.com and is not responsible for the content or actions of any other sites linked to or from automotivetransfers.com and does not endorse them. You acknowledge that you link to any other service or site from automotivetransfers.com at your own risk. You agree that ATI is not responsible, and shall have no liability, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
ATI hereby expressly disclaims any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non infringement or fitness for a particular purpose. ATI does not represent or warrant that access to the services offered on automotivetransfers.com will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted. ATI shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the Services provided on or through automotivetransfers.com, including for viruses alleged to have been obtained from the Services, your use of or reliance on the Services or any of the information or materials available on the website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
USE OF SERVICE
You agree to use automotivetransfers.com only if you have read, understood and agree to all the terms of this Agreement. ATI assumes no responsibility in part or whole, for any misunderstanding, trading loss, operational loss, information loss, loss of reputation or goodwill between any ‘Buyer’ or ‘Seller’ of inventory through the Services. ATI assumes no responsibility in part or whole for any misunderstanding, trading loss, operational loss, information loss, loss of reputation or goodwill between dealers using automotivetransfers.com.
You agree to pay Automotive Transfers, Inc. all service fees and/or commissions payable within the site. Failure to pay will result in account cancellation and removal. To the extent that ATI has to retain legal counsel to pursue unpaid commissions, you will be responsible for all actual costs and attorney’s fees incurred by ATI to do so. Interest on any unpaid amounts past due shall accrue at 18% per annum. The costs and payment terms for your account are located on your billing preferences page.
For commission-based agreements, you agree that fees are payable if you have gained inventory orders and/or business (i.e. Buyer paying for the Seller’s inventory offered) via the Service, whether via the internet, telephone, wireless communications, facsimile, mail, electronic mail or via verbal agreement outside of automotivetransfers.com. If buyer and seller agree to transact outside of the automotivetransfers.com site (even without ‘buying’ inventory on the automotivetransfers.com website) – the seller shall pay commissions and/or fees owed to ATI
Costs and terms of service are set at the sole discretion of automotivetransfers.com, and can be changed at any time. Any changes will be communicated to registered users of the website, and will not take effect until the start of the following calendar (service) month. All account agreements constitute a month-to-month agreement. Either party may terminate service at any time by providing written notification to the other party. Service will terminate at the start of the following month. All past-due amounts must be paid prior to account termination.
You agree not to provide to or to place on automotivetransfers.com any material of any type or nature that is offensive, encrypted, junk mail, unauthorized advertising or is unlawful, including but not limited to such material that is defamatory, abusive, harassing, invasion of privacy or obscene. You agree to use automotivetransfers.com only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You have the sole responsibility to ensure that any material of any type or nature that you provide to automotivetransfers.com does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party and is provided with the written consent of the owner(s) of such rights.
Automotivetransfers.com contains copyrighted and proprietary information. The material found on automotivetransfers.com is exclusively for use by ATI’s registered customers. You are authorized to obtain one (1) copy of materials displayed on the site strictly for your own use on a single computer, on condition that you keep all copyright and proprietary notices intact. You are not permitted to modify, create derivative works from, recopy, reproduce, republish, upload, post, distribute, sell, license, otherwise transfer, or further transmit any of the information, material, software, products, or services which are on or from the site, unless you secure ATI’s express written consent in advance each time.
Any materials you acquire from the automotivetransfers.com website (including but without limitation any software, files, graphics, and text) is under a license to you from Seller of Inventory. Title to the material and all intellectual property rights therein continue to be held at all times by Seller of Inventory or other owner. You own only the medium on which the material is recorded, not the material itself. The license prohibits you from selling, distributing, or otherwise transferring and from de-compiling, reverse engineering, disassembling, or otherwise reducing to eye-readable format or code any software which is included in the material acquired from the automotivetransfers.com site. Any use of the material not in accordance with the foregoing terms constitutes a violation of the copyright and other proprietary rights of ATI. Automotivetransfers.com is a registered trade mark/service mark of ATI. All rights are reserved. Other brands, trade names, and product names on the site are trademarks or registered trademarks of the respective holders thereof.
You agree not to disrupt, modify or interfere with automotivetransfers.com or its associated software, hardware and servers in any way and you will not impede or interfere with others' use of automotivetransfers.com. You further agree not to alter or tamper with any information or materials on or associated with automotivetransfers.com. You acknowledge that any communications of any type or nature with automotivetransfers.com are not private. You agree that automotivetransfers.com has the right without limitation to use, reproduce, modify and distribute any material you supply or communicate to automotivetransfers.com, (including your identity and information about you) in any medium (now in existence or hereafter developed) and for any purpose, including commercial uses, and to authorize others to do so. ATI reserves the right, but undertakes no duty, to review, edit, move, or delete any material provided for display or placed on or linked to automotivetransfers.com, in its sole discretion, without notice.
The views, opinions, information or material of any type or nature contained on or in automotivetransfers.com does not necessarily reflect or represent those of ATI and are instead the responsibility of whoever puts such view, opinions, information or material on automotivetransfers.com. ATI may at some point, at its own discretion, include communication vehicles, including but not limited to, chat rooms or message boards which allow exchange of information to ATI or its permitted users (“Communication Vehicles”). ATI does not control the messages, information or files delivered to communication vehicles. It is a condition of your use of automotivetransfers.com that you do not:
• Publish or disseminate in any manner whatsoever any defamatory, infringing, obscene, indecent or unlawful material or information.
• Violate the legal rights of others in any manner whatsoever.
• Falsify or delete proper notices of the origin or source of software or other material contained in a file that is uploaded.
• Upload files that contain material of any type or nature protected by intellectual property laws (or by rights of privacy) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell any goods or services, or engage in surveys, contests, or chain letters.
• Download any file that you know, or reasonably should know, cannot be legally distributed via automotivetransfers.com
You acknowledge that the above Communication Vehicles are public and not private communications. Further, you acknowledge that postings of any type or nature by other users on such Communication Vehicles are not endorsed by automotivetransfers.com, and such postings shall not be considered reviewed or approved by automotivetransfers.com. ATI reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in ATI’s sole discretion are objectionable or in violation of the terms, conditions or notices of automotivetransfers.com.
You agree to indemnify, defend by counsel acceptable to ATI and hold harmless ATI, its officers, directors, shareholders, agents, employees, successors, assigns, subsidiaries, or affiliates (hereinafter referred to collectively as "Indemnitee") from and against any expenses, costs, fees, or claims which may be imposed upon or incurred by Indemnitee or asserted against Indemnitee by any other party or parties (including but not limited to governmental entities) in connection with or arising out of or related to your use of the Services, breach of this Agreement or any act or omission by you relating to or arising from this Agreement.
In addition to all other remedies available to ATI under any applicable rule or law, ATI shall have the sole discretion and right to terminate your use of the Services for any reason.
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Georgia, U.S.A., and applicable to contracts to be wholly performed therein. Any action based on or alleging a breach of this Agreement shall be brought in a Georgia court. In addition, you agree to subject matter jurisdiction and to submit to the personal jurisdiction and venue of federal and State courts located in Georgia.
This Agreement and revisions announced on this page are the complete and entire agreement between the parties and supersede any prior agreement, whether written or oral. If any term or provision of this Agreement shall be determined to be unenforceable for any reason, the remaining terms and provisions shall be unaffected and shall remain binding on you.