Terms and Conditions of UseAPTS, Incorporated offers the DriveUSA.netTM
website (the "Website") to you, conditioned upon your acceptance
without modification of the terms and conditions ("Terms") set forth
herein. APTS reserves the right to change or modify the Terms, or any part
thereof, or to impose new conditions. Such changes, modifications, additions or
deletions to the Terms shall be effective immediately upon our posting of them
on the Website. You can review the most current version of the Terms at any time
by clicking on "Terms and Conditions" at the bottom of the
DriveUSA.net homepage. Your use of this Website constitutes your agreement to
the Terms. USE
OF WEBSITE In the event of any permitted copying, redistribution or
publication of Website Content, you may not make any changes in or deletion of
trademarks, copyright notices or other proprietary notices. You acknowledge that
you do not acquire any ownership rights by downloading the Website Content. Any
rights not expressly granted herein are reserved. MODIFICATIONS
TO THE WEBSITE APTS, Incorporated shall have the right at any time to change
or discontinue any aspect or feature of the Website without notice, including,
but not limited to, content, features, hours of availability, data format, and
equipment needed for access or use. You agree that APTS shall not be liable to
you or to any third party for any such changes. COPYRIGHT
NOTICES Original Website Content is copyright ©2000 APTS,
Incorporated, 1554 Seascape Blvd., Aptos, CA
95003. All rights reserved. Other
content on the website is the property of its owners. TRADEMARKS
DriveUSA.net is a trademark
of APTS, Incorporated. MarinaUSA.net
is a trademark of APTS, Incorporated. HolidayUSA.net
is a trademark of APTS, Incorporated. Other
trademarks seen on the websites may be the property of other individuals or
companies. LINKS
The Website contains links to other websites over which APTS
has no control. APTS does not endorse and is not responsible or liable for any
content on, availability of, or services provided by such websites. DISCLAIMERS
AND LIMITATION OF LIABILITY THE WEBSITE, WEBSITE CONTENT, SOFTWARE AND SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APTS
EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. APTS MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE,
WEBSITE CONTENT, SOFTWARE AND SERVICES: (1) WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (2) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR
OBTAINED BY YOU THROUGH USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS; (3) THE
WEBSITE, WEBSITE CONTENT OR SOFTWARE WILL MEET YOUR EXPECTATIONS OR
REQUIREMENTS; OR (4) THAT ANY ERRORS WILL BE CORRECTED. ANY WEBSITE CONTENT OR SOFTWARE THAT YOU DOWNLOAD IS AT YOUR
OWN RISK. YOU AGREE THAT APTS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO
EQUIPMENT, LOSS OF DATA OR OTHER DAMAGE THAT OCCURS DUE TO SUCH DOWNLOADS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT APTS SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO USE, OR INABILITY TO USE OR DELAY
IN USE OF THE WEBSITE, WEBSITE CONTENT, SOFTWARE OR SERVICES UNDER ANY CAUSE OF
ACTION WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. GENERAL
TERMS
This Agreement constitutes the entire agreement between you
and APTS regarding use of the Website, Website Content, Software and Services,
and supersedes all previous written or oral agreements with respect to such
subject matter. You also may be subject to additional terms and conditions that
may apply when you use the Services. This Agreement shall be construed in
accordance with the laws of the State of California, without regard to its
conflict of laws rules. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach
or default. If any part of this agreement 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 the agreement shall continue in effect. |
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