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Visitor Agreement

Effective Date: 03/13/2017

Welcome to CoxAutoInc.com, a website owned and operated by Cox Automotive, Inc. (“Cox Automotive”). In this Visitor Agreement, the terms “Cox Automotive,” “we,” “us,” and “our” refer to Cox Automotive, Inc. and the terms “you” and “your” refer to you as a user of this Site.

The CoxAutoInc.com website (“Site”) is for employees and representatives of motor vehicle dealerships, vehicle manufacturers, financial institutions, government agencies and other business entities.

By using this Site, you accept the terms of this Visitor Agreement (the “Terms”). This is a legally binding agreement between you and Cox Automotive; please read it carefully. When using this Site, you may be subject to other posted terms and guidelines applicable to certain services available on this Site. All terms and guidelines on this Site, including our Privacy Statement, are part of this Visitor Agreement. Unless explicitly stated otherwise, any features or services available at any time on this Site are subject to this Visitor Agreement. Accessing this Site in any manner, even through automated means, constitutes your use of the Site and your agreement to be bound by these Terms. We may change the Visitor Agreement from time to time and will revise the effective date when we do so. Your continued use of this Site after the posted effective date constitutes your agreement to be bound by the Visitor Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. We may change, restrict access to, suspend, or discontinue this Site, or any portion of this Site, at any time.

The material that appears on this Site is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the site may, from time to time, contain errors. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this Site, and you should not rely on it without independent verification.

We invite you to bring to our attention any materials or information on this Site that you believe to be inaccurate. Please forward a copy of the materials or information to our Customer Service department, Cox Automotive, Attn: Cox Automotive Customer Service, 6205 Peachtree Dunwoody Rd., Atlanta, GA 30328 along with an explanation of the inaccuracies or call (800) 258-2005.

Description of Service. This Site is operated only as an advertising and research service. This Site contains research, resources and other content (collectively, the “Content”), including, for individuals working in the automotive or related industries, as well as opportunities for such individuals to connect with each other, with Cox Automotive and its affiliates, and with relevant advertisers.

The Content is for your general informational purposes only. We reserve the right at any time to modify, update, suspend or discontinue all or part of this Site and/or the Content, including your account(s) and any content that you create, with or without notice to you. You agree that Cox Automotive will not be liable to you or to any third party for any such modification, suspension or discontinuation of the Site and/or Content.

Ownership and Permissions. This Site and the Content are the property of Cox Automotive, its affiliates and licensors, and are protected by U.S. copyright laws, international conventions and other copyright laws.

The names of other products and services on this Site may be the trademarks of their respective owners. The Content and any trademarks and service marks on this Site shall at all times remain the property of Cox Automotive, its affiliates, or third party owners.

Except as explicitly provided in these Terms, you may not sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from or otherwise exploit any part of this Site or any of the Content. You may not use automated means, such as robots, screen scrapers or spiders, to collect and/or index any of the Content. You may display, print or save a single copy of any page of this Site or a single copy of any downloadable report, brochure, research paper, presentation or other downloadable document for your own use, but you may not otherwise reproduce any of the Content without the written consent of the owner. You may not store any significant portion of, or distribute copies of, the Content in any form (including electronic form), without Cox Automotive’s prior written consent. To request consent, contact our Customer Service Manager atkelley@kbb.com.

You may not frame any part of this Site, nor incorporate into another website, application or service any intellectual property of Cox Automotive its affiliates or its licensors.

We may terminate your access to this Site if you appear to have infringed the intellectual property rights of us or others, and/or we may remove material that has prompted a complaint of infringement or appears to us to be infringing. If you believe that your intellectual property rights have been infringed by content posted or distributed via the website, please notify us by sending an email to dmca@autotrader.com or by sending a notice by U.S. Mail to: AutoTrader.com, 3003 Summit Boulevard, Suite 200, Atlanta, Georgia 30319, Attn: Legal Department/Copyright.

You further agree that you will not attempt or do any of the following:

  1. interfere with or disrupt this Site, Cox Automotive or our computer systems, servers or networks;
  2. attempt to gain unauthorized access to any part of this Site, to accounts that belong to other users, or to computer systems or networks connected to this Site;
  3. engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise;
  4. collect information about others without their consent;
  5. interfere with the use of this Site by any other individual or party;
  6. impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
  7. share any user name and/or password you have on this Site with any other person.

Without limiting any of Cox Automotive ‘s other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on this Site or on our affiliated websites and services, and a ban from creating new accounts on this Site.

Survey Responses, Feedback and Other Communications with Us. By submitting ideas, survey responses, feedback, suggestions, comments, documents and/or proposals to Cox Automotive (either directly or through our third-party service providers) through surveys, the “contact us” form, email or other communications, you acknowledge and agree that such communications: (a) do not contain confidential or proprietary information; and (b) automatically become the property of Cox Automotive without any obligation of Cox Automotive to you. You agree that Cox Automotive shall be entitled to use, copy, modify, disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute the content of any of your communications with us for any purpose, in any way, in any media worldwide, and that you are not entitled to any compensation or reimbursement of any kind under any circumstances with respect to your communications with us.

Your Account(s) and Registration(s). In the event that you create an account on this Site or register for any service offered through this Site, you agree to provide accurate, current and complete information about yourself and, if applicable, your company, and to update that information if it changes. Failure to provide accurate and timely information may result in your account being closed and/or your access to the Content or this Site provided through your account being suspended or discontinued.

Your right to use this Site is personal to you and you may not sublicense, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void. You agree that you are responsible for all use of your account (under any name or password), and you agree that Cox Automotive can assume that any communication from your account using your account name and password came from you.

As part of the process of creating an account or registering for a service provided through this Site, you will choose a password. It is your responsibility to keep this password confidential. If you find out that your password or account is being used by someone else, or you discover any other breach of security, you agree to notify our Customer Service Manager immediately here.

Cox Automotive reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Statement.

Termination. You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to all or part of this Site. Some of the reasons for such termination may include, but may not be limited to, (a) a breach or violation or suspected breach or violation of these Terms or other incorporated agreements or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of this Site, (d) technical or security issues, or (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to this Site or the Content.

Links and Widgets. This Site may include links or widgets to other websites or to applications that we do not control. We are not responsible for the content, products or services available through these websites or applications, which are subject to their own terms of use and privacy policies. Such links and widgets are for your convenience and do not imply our endorsement. You release Cox Automotive, Inc. and its affiliates from any damages that you may incur, and agree not to assert any claims against us, arising from your use of any third-party websites or applications or from your purchase or use of third-party products and services.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. COX AUTOMOTIVE PROVIDES THESE SERVICES TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. COX AUTOMOTIVE AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

COX AUTOMOTIVE AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE CONTENT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF THE CONTENT AND OF ANY PRODUCTS OR SERVICES ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (v) SERVERS THAT MAKE THE CONTENT AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (vi) ANY ERRORS WILL BE CORRECTED.

LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COX AUTOMOTIVE AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COX AUTOMOTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR THE CONTENT OR THE USE OF ANY MATERIAL MADE AVAILABLE THROUGH ANY OTHER WEBSITE OR SERVICE ACCESSIBLE FROM THE SITE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT COX AUTOMOTIVE IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS OR ILLEGAL CONDUCT OF YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING ON, FROM, OR IN CONNECTION WITH THE SITE OR THE CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.

INDEMNITY AND RELEASE. When you use this Site, you are agreeing to indemnify Cox Automotive, its owners, shareholders, subsidiaries, affiliates, officers, employees, partners and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from or related in any way to your use of this Site or the Content, including any content you provide, or any breach of these Terms.

This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of Georgia, without regard to its choice of laws rules. By using this Site, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia in all disputes arising out of or relating to this Visitor Agreement or the use of this Site.

Please report any violations of these Terms to our Customer Service Manager here.

Cox Automotive Companies

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