Denny’s Auto Sales, Inc. 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.