You may not use our name nor any misspelling or typographical variation of DriverSide, whether alone or in conjunction with any other word or phrase, trademarks or service marks in any manner (including use in any metatags or any other "hidden text") without our prior written or e-mailed consent. Any violation of the forgoing will terminate the permission and license granted by us to access and make use of the DriverSide site.
You agree that your User-Provided Content intended for display on the DriverSide site will not include any content that is illegal, indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), threatening, defamatory, invasive of privacy or otherwise injurious to third parties; and that it will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your User-Provided Content. In additional to the restrictions described above, you may not submit User-Provided Content that infringes in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity.
You agree that, by submitting any User-Provided Content to DriverSide, you are granting to us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display that User-Provided Content throughout the world for any purpose and in any media (including for advertising or other commercial use). You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your User-Provided Content. If we publish your User-Provided Content or authorize or license others to do so, your User-Provided Content may be edited for length or clarity or for any other reason either before or after it is published. We reserve the right (but not the obligation) to remove any user-Provided Content for any reason from the DriverSide site.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DRIVERSIDE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE DRIVERSIDE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DRIVERSIDE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND THE OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DRIVERSIDE SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE DRIVERSIDE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE DRIVERSIDE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE DRIVERSIDE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
All data, prices, incentives and rebate information, and other information displayed on the DriverSide site are gathered from sources and based on algorithms that are believed by us to be reliable, but no assurance can be given that this information is accurate, complete or current. We do not assume any responsibility for errors or omissions or warrant the accuracy of this information. Before purchasing any vehicle or other goods or services you read about on the DriverSide site, you should confirm with the dealer or vendor any information (including the price and available incentives or rebates) that is important to your decision.
The DriverSide site links to many other Web sites not operated by us, including sites where you can obtain automotive products and services such as new and used vehicles and vehicle financing, insurance and warranties. While we encourage you to consult such sites, we are not responsible for the products or services those vendors provide and we do not guarantee or warrant the prices.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE COMPANIES WITH WHICH WE DO BUSINESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE DRIVERSIDE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If you have signed up for an account on the DriverSide site, you are responsible for maintaining the confidentiality of your account credentials and for restricting access to your computer. Moreover, you agree to accept responsibility for all activities that occur in your account.
You agree that we or Overstock.com, Inc. may discontinue, suspend, or modify various features of the website, our services, and products including garages in our sole discretion without giving rise to any liability to us or Overstock.com, Inc.
If you believe that your work has been copied by us or by any third party on the DriverSide site in a manner that constitutes copyright infringement, please provide contact us with the details of such use to firstname.lastname@example.org or by mail at DriverSide Copyright, 832 Sansome Street, 4th Floor, San Francisco, CA 94111.