Terms of Service

Introduction and Agreement:

This website (the “Site”) is owned and operated by S&P Ventures LLC (“S&P”). These Terms of Service apply to the national version of the Site, located www.autoseekr.com. By using the Site, you hereby agree that you are at least eighteen (18) years of age and agree that you are subject to these Terms of Service.

S&P is a Research and an Advertising Service:

S&P operates the Site as an online advertising and research service for car buyers and sellers. S&P does not sell vehicles directly and is never party to any transaction between buyers and sellers. As a result, S&P does not (a) guarantee or ensure any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any vehicles.

Site Content:

All information and content available on this Site (collectively, “Content”) is protected by intellectual property laws. The Content is owned by S&P and/or their respective licensors and suppliers (collectively, “Licensors”). The Content is intended for personal and noncommercial use only. While you may interact with or download a single copy for your personal and noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in in any other way or for any other purpose without prior written consent of S&P.
NOTICE: Automotive images contained herein are owned by EVOX Productions LLC and are protected under United Sates and international copyright law. Access to and use of these images or video is restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images is strictly prohibited. EVOX reserves the right to pursue all legal and equitable remedies against unauthorized uses.

Software:

Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, “Software”), is owned by S&P and/or its Licensors and is protected by intellectual property laws. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

Indemnification:

You agree to release, defend, indemnify and hold S&P, its Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorney’s fees, arising from (i) your use of the Site or any reliance on the Content, (ii) your breach of these Terms of Service or (iii) and actual, prospective or terminated sale or other transaction between you and a third party.

Prohibited Activities:

The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) using the Site’s lead forms and/or toll-free numbers to advertise or promote products and services to S&P advertisers; (b) using any robot, spider or other automatic device, or manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our expressed written permission; (c) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (d) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (e) taking any action that imposes an unreasonable or disproportionately large load on S&P’s hardware and software infrastructure (collectively, “Prohibited Activities”).

Warranty Disclaimer:

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. S&P, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND S&P, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. S&P CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OF INFORMATION PROVIDED ON THE SITE. S&P RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability:

S&P, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL. INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF S&P, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD- PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.

Termination of Service:

You understand and agree that in S&P’s sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and S&P may exercise any other remedy available, if S&P believes that your use of the Site (a)violate (i) these Terms of Service, (ii) the rights of S&P, any Affiliate or Licensor, or another user of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to S&P for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that S&P post a bond. S&P is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in S&P’s sole discretion, you have violated these Terms of Service.

Miscellaneous:

These Terms of Service may be changed at any time and you will be notified of any such changes by an undated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. S&P may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Site includes links to other websites not established or supervised by S&P or any Affiliate. S&P and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products, or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of Pennsylvania without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Westmoreland County, Pennsylvania, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Westmoreland County, Pennsylvania, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by S&P to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between parties.