This Agreement sets forth the terms and conditions for your use of MyDealerReport.com Web site. Your use of this site constitutes your agreement to these terms and conditions.

This Agreement (the "Agreement") is between you and MyDealerReport.com a Clear Intelligence, Inc. company and existing under the laws of Georgia having its offices at P.O.Box 56141, Atlanta, Georgia 30343.
Your Rights.

MyDealerReport.com grants you a non-exclusive, non-transferable, limited right to access, use and display this Web site (the "Site") and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.

Fee-Based Service Charges.

Certain features of this site are available only through the purchasing ("Fee-Based Services").
(a) You agree to pay, using a valid credit card which MyDealerReport.com accepts, the charges set forth on the Site, applicable taxes, and other charges . MyDealerReport.com reserves the right to increase fees, surcharges, and site report fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. In the event MyDealerReport.com cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services.

(b) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.

(c) For purposes of identification and billing, you agree to provide MyDealerReport.com with complete, and updated information required by the site n registration to the Fee-Based Services ("Registration Data"), including your name, address, telephone number(s), and applicable payment data (e.g., credit card number, e-mail address, and expiration date). Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at MyDealerReport.com's option, result in immediate suspension or termination of your right to use the Fee-Based Services.

No-Commercialization Policy.

You agree to use the Site and Fee-Based Services only in a noncommercial manner and in compliance with MyDealerReport.com's No-Commercialization Policy.

NO-COMMERCIALIZATION POLICY

Our Ratings, reports and information are intended solely for the use of our readers. Neither the Ratings nor the reports nor any other information, nor the name of MyDealerReport.com or any of its publications, may be used in advertising or for any other commercial purpose, including any use on the Internet. MyDealerReport.com will take all steps open to it to prevent commercial use of its materials, its name, or the name of MyDealerReport.com.

Copyright and Trademarks.

All materials on the Site, including without limitation text, images, software, audio and video clips, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by MyDealerReport.com, which retains all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of MyDealerReport.com.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of MyDealerReport.com or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of MyDealerReport.com or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of MyDealerReport.com;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that MyDealerReport.com sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties.
2002, 2003, 2004. All rights reserved.

MyDealerReport.com, and other related marks used on this site are federally registered trademarks of Clear Intelligence, Inc.

Your password.

As part of the registration process, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Fee-Based Services, and agree that MyDealerReport.com will have no obligations with regard thereto.

Privacy Policy.

The terms and conditions of MyDealerReport.com's privacy policy are set out in the section labeled "Privacy" on the Home Page of the site and (as they may be changed by MyDealerReport.com in its discretion) are incorporated herein and included in this agreement.

Information Provided.

You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. MyDealerReport.com reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that MyDealerReport.com is not responsible for any materials posted by users of the Site. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither MyDealerReport.com nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.

Links to Other Sites.

The Site may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by MyDealerReport.com or its Affiliates of any third-party site or any materials contained therein. MyDealerReport.com and its Affiliates do not control, and are not responsible for, the availability, or privacy policy of such third-party sites or any information, content, products or services accessible from such third-party sites.

Age restrictions.

You represent and warrant to MyDealerReport.com that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.

Financial responsibility.

You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account.

Indemnification.

You hereby agree to indemnify, defend and hold harmless MyDealerReport.com and its Affiliates from and against any and all liability and costs incurred by MyDealerReport.com or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. MyDealerReport.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of MyDealerReport.com.

DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE, COMPATABILITY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MyDealerReport.com AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES MyDealerReport.com, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY MyDealerReport.com. MyDealerReport.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY.
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL MyDealerReport.com OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR MyDealerReport.com OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF MyDealerReport.com, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF MyDealerReport.com AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE MyDealerReport.com AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination.

In addition to any other rights of the parties set forth herein, either you or MyDealerReport.com may cancel or terminate this Agreement at any time. MyDealerReport.com also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If MyDealerReport.com terminates this Agreement based on a breach of any portion of this Agreement, MyDealerReport.com reserves the right to refuse to provide any Fee-Based Services to you in the future.

Modifications.

• (a) To the Agreement.
  MyDealerReport.com has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialization Policy. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of MyDealerReport.com in providing the Site, including without limitation
  
  • (i) any change in the Content, or
  • (ii) any change in the amount or type of fees associated with the Fee-Based Services.
    
• (b) To the Site.
  MyDealerReport.com has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. MyDealerReport.com may also impose limits on certain features and services or restrict your access to parts or all of the MyDealerReport.com Site without notice or liability.

General.

This Agreement constitutes the entire agreement between you and MyDealerReport.com with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and MyDealerReport.com. Failure by MyDealerReport.com to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Georgia. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the reminder of the provisions shall remain in full force and effect.

Membership registration to MyDealerReport.com indicates your agreement to the terms and conditions set forth above.