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Terms and Conditions
THE FOLLOWING DESCRIBES
THE TERMS AND CONDITIONS ON WHICH USERS MAY USE DENNY’S
AUTO SALES, INC.’S WEB SITE.
Welcome to Denny’s Auto
Sales, Inc.’s Web Site. These terms and conditions
govern your use of Denny’s Auto Sales, Inc.’s website.
Any information contained herein is susceptible to
change and may be changed at the company’s discretion.
Amendments. The
owners of Denny’s Auto Sales, Inc. may amend, modify or
suspend these Terms and Conditions or any service
provided at the Denny’s Auto Sales, Inc.’s Web Site at
any time without liability by posting the amended terms
on Denny’s Auto Sales, Inc.’s Web Site. The amended
terms or suspension of any service described in this
Terms and Conditions shall be effective automatically
immediately after they are initially posted on Denny’s
Auto Sales, Inc.’s Web Site.
Resale or Commercial
Use of Service. Each user's right to use the
services provided on Denny’s Auto Sales, Inc.’s Web Site
is personal. Each user agrees not to resell or make any
commercial use of these services without the express
written consent of the owners of Denny’s Auto Sales,
Inc.’s Web Site. Each user acknowledges that the content
appearing on Denny’s Auto Sales, Inc.’s Web Site may be
protected by copyrights, trademarks or other proprietary
or personal rights and that the use of such content will
be governed by the laws which create those rights and
provide for their enforcement. Each user agrees that
without the prior written consent of the operator of
Denny’s Auto Sales, Inc.’s Web Site, no user shall
resell any service on Denny’s Auto Sales, Inc.’s Web
Site or use any service provided on Denny’s Auto Sales,
Inc.’s Web Site for the transmission of commercial
solicitations or for the receipt of responses. Each user
agrees not to upload, transmit, reproduce, distribute or
participate in the transfer or sale of, or in any way
exploit any, content obtained from any service provided
on Denny’s Auto Sales, Inc.’s Web Site for a commercial
purpose. Each user agrees not to forge communications
transmitted through any service provided on Denny’s Auto
Sales, Inc.’s Web Site.
Indemnification.
Each user agrees to indemnify and hold the owners of
Denny’s Auto Sales, Inc.’s Web Site (and its officers,
directors, employees, agents and contractors) harmless
from any claims (including attorney's fees), demands,
liabilities, obligations or damages (actual and
consequential) of every kind and nature, known or
unknown, accrued or unaccrued, fixed or contingent,
disclosed or undisclosed, made by any third party due
to, arising out of or in any way connected with, such
user's use of any service provided on Denny’s Auto
Sales, Inc.’s Web Site (including any violation of any
intellectual property right or any other right of any
person or entity) or any violation or infringement of
these Terms and Conditions by such user or any other
person using any service provided on Denny’s Auto Sales,
Inc.’s Web Site through such user's computer or
registration information.
Personal Information.
Personal information includes any information any
particular user transmits to Denny’s Auto Sales, Inc.’s
Web Site or through any e-mail ("Personal Information").
With respect to Personal Information:
Each user is solely
responsible for Personal Information. The owners of
Denny’s Auto Sales, Inc.’s Web Site may take any action
with respect to such information it deems necessary or
appropriate, in its respective sole discretion, if the
operator believes such information may create liability
for Denny’s Auto Sales, Inc.’s Web Site or may cause the
loss (in whole or in part) of the services of suppliers.
Each user agrees to notify the operator of Denny’s Auto
Sales, Inc.’s Web Site of any change in any of Personal
Information to the extent such change affects completion
of any transaction on Denny’s Auto Sales, Inc.’s Web
Site.
Personal information and
all items that are the subject of any transaction for
which the services provided on Denny’s Auto Sales,
Inc.’s Web Site are utilized: (a) shall not be
fraudulent or involve the sale of counterfeit or stolen
items; (b) shall not infringe any third party's
copyright, patent, trademark, trade secret or other
proprietary right or right of publicity or privacy; (c)
shall not violate any law, statute, ordinance or
regulation (including without limitation those governing
export control, consumer protection, unfair competition,
anti-discrimination or false advertising); (d) shall not
be defamatory, trade libelous, unlawfully threatening or
unlawfully harassing; (e) shall not be obscene or
contain child pornography or, if otherwise harmful to
minors, shall be posted only in the Adults Only section
and shall be distributed only to people legally
permitted to receive such content; (f) shall not contain
any viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines that
are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system,
data or personal information; and (g) shall not link
directly or indirectly to, or include descriptions of,
items or services that: (i) are prohibited under this
Terms and Conditions; or (ii) such seller does not have
a right to link to or include.
Solely to enable the
owners of Denny’s Auto Sales, Inc.’s Web Site to use
Personal Information, so that the owners of Denny’s Auto
Sales, Inc.’s Web Site is not violating any rights a
particular user might have in Personal Information, each
user agrees to grant to the owners of Denny’s Auto
Sales, Inc.’s Web Site a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free right, including
the right to sublicense (through multiple tiers), to
exercise the copyright and publicity rights (but no
other rights) each user has in their Personal
Information, in any media now known or not currently
known. The owners of Denny’s Auto Sales, Inc.’s Web Site
will only use Personal Information in accordance with
the then current Privacy Policy for each site.
Limitation of Liability.
THE OWNERS OF DENNY’S AUTO SALES, INC.’S WEB SITE ALONG
WITH ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
RESULTING FROM THE USE OR THE INABILITY TO USE ANY
SERVICE PROVIDED ON DENNY’S AUTO SALES, INC.’S WEB SITE
OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE ITEMS AND
SERVICES RESULTING FROM ANY SERVICE ON DENNY’S AUTO
SALES, INC.’S WEB SITE OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL
OR SPECIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS,
INCOME, USE, DATA OR INTANGIBLES OR PUNITIVE DAMAGES,
EVEN IF THE OWNERS OF DENNY’S AUTO SALES, INC.’S WEB
SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
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