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HENDRICKCARS.COM TERMS OF USE
These terms of use govern your use of this Site, which is provided by Lookslike, Inc and located on the internet at www.Hendrickcars.com (the "Site").
By browsing and/or using the Site, you are stating that you understand and agree to be bound by the terms and conditions of this user agreement (the "agreement").
If you do not agree to abide by these terms, please do not enter, browse, or use this Site.
CHANGES IN TERMS AND CONDITIONS AND HENDRICKCARS.COM SERVICE
These terms of use and services of this Site are subject to change by Lookslike, Inc. at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these terms of use regularly.
PRIVACY POLICY
Click here to review the Hendrickcars.com Privacy Policy.
PERSONAL USE ONLY
This Site is made available for your personal, non-commercial use only. You may not use this Site or the content of this for any commercial reasons. You may not take the content of this Site and reformat or display the content on your Web site. If you would like to use this Site for commercial reasons you must obtain approval from LooksLike, Inc. in advance.
NO SPIDERING OR META-SEARCHING
You may not spider or “meta-search” this Site without written permission from LooksLike, Inc. in advance. You may not distribute, display, reproduce, modify, or create derivative works from any of the content on this Site. You may not store in any form (including electronic form) any significant portion of the content of this Site without prior written permission from Lookslike, Inc. To obtain permission please contact: Customer Service Department, Lookslike, Inc., 5584 S Fort Apache Rd, Las Vegas, Nevada 89148 support@zibe.com
SITE RULES
You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without Lookslike, Inc.'s express prior written consent. For example, you may not (and may not authorize any other party to) co-brand this Site, or frame this Site without the express prior written permission of an authorized representative of Lookslike, Inc. For purposes of these Terms of Use, "co -branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hendrickcars.com or its affiliates without our express written consent. You agree to cooperate with Lookslike, Inc. in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
You agree NOT to use the Site to:
Without limiting the foregoing, we and our designees shall have the right to remove any material that violates this Agreement, that we believe in good faith may create liability for us, or that we deem is otherwise objectionable. You acknowledge and agree that we may preserve material and may disclose material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any material violates the right of third parties; or (d) in our sole judgment, protect the rights, property, or personal safety of Hendrickcars.com and its users and the public.
PROPRIETARY RIGHTS
You acknowledge that the Site contains information, data, software, photographs, graphs, typefaces, graphics, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted under the U.S. copyright laws, and Lookslike, Inc. owns, among other things, a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
TRADEMARKS
Hendrickcars.com and other marks indicated on the Site are registered trademarks of Lookslike, Inc. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Lookslike, Inc. Lookslike, Inc.'s trademarks and trade dress may not be used in connection with any product or service that is not the property of Lookslike, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hendrickcars.com or Lookslike, Inc. All other trademarks and company names and logos not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lookslike, Inc.
To obtain such consent, please contact: Customer Service Department, Lookslike, Inc., 5584 S Fort Apache Rd, Las Vegas, Nevada 89148 support@zibe.com
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Site in a way that may constitute copyright infringement, you may provide notice of your claim to Lookslike, Inc.'s designated agent listed below. For your notice to be effective, it must include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If a third party has wrongly filed a copyright infringement notice with Lookslike, Inc. against you, and your access to the allegedly infringing material has been disabled, you have the right to provide Lookslike, Inc.'s designated agent with a counter notification. That notification must include the following information: (1) Physical or electronic signature of the subscriber; (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (4) The subscriber's name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Lookslike, Inc.'s designated agent is: Mr. Parker Dunn, Lookslike, Inc., 5584 S Fort Apache Rd, Las Vegas, Nevada 89148 support@zibe.com
HYPER-LINKS
This Site may be hyper-linked to other Sites that are not maintained by, or related to, Hendrickcars.com and Lookslike, Inc. Hyper-links to such Sites are provided as a convenience and service to our users and are not sponsored by or affiliated with this Site or Hendrickcars.com and Lookslike, Inc. Lookslike, Inc. has not reviewed any or all of such Sites and is not responsible for the content of those Sites. Hyper-links are to be accessed at your own risk, and Lookslike, Inc makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the Sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party Site does not necessarily imply endorsement by Lookslike, Inc. of that Site.
DISCLAIMER AND LIMITATION OF LIABILITY
You expressly agree that use of this Site and service is at your sole risk. Neither Lookslike, Inc., nor its affiliates or subsidiaries, nor any of its officers, directors, or employees, agents, third-party content providers, third-party service providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that web Sites affiliated with Lookslike,Inc., including but not limited to Hendrickcars.com, will be uninterrupted, error-free, virus free or free of other defects. The information, products and services published on this Site may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of Lookslike, Inc.'s web Sites or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Lookslike, Inc.'s web Sites. All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Lookslike, Inc. does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. THIS SITE IS PROVIDED BY LOOKSLIKE, INC. ON AN "AS IS"AND "AS AVAILABLE" BASIS. LOOKSLIKE, INC. AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOOKSLIKE, INC. AND THE PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOOKSLIKE, INC. AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY LOOKSLIKE, INC. NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY OF ANY KIND; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTHWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM WWW.HENDRICKCARS.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO LOOKSLIKE, INC.'S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT LOOKSLIKE, INC. AND/OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH WWW.HENDRICKCARS.COM AND ALL OTHER WEBSITES AFFILIATED WITH LOOKSLIKE, INC. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNITY
You will indemnify and hold Lookslike, Inc., its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.
SECURITY
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Lookslike, Inc. reserves the right to release your details to system administrators at other Sites in order to assist them in resolving security incidents. Lookslike, Inc. reserves the right to investigate suspected violations of these Terms of Use.
Lookslike, Inc. reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Lookslike, Inc. to disclose the identity of anyone posting any information, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS LOOKSLIKE, INC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LOOKSLIKE, INC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LOOKSLIKE, INC. OR LAW ENFORCEMENT AUTHORITIES.
SEVERABILITY
If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
HEADINGS
The headings in these Terms of Use are included solely for convenience and will not limit or otherwise affect these Terms of Use or any interpretation thereof.
TERMINATION
These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by discontinuing use of our Site and destroying all materials obtained from our Site and all copies thereof, whether made under these Terms of Use or otherwise. YOUR ACCESS TO OUR WEBSITE MAY BE TERMINATED IMMEDIATELY WITHOUT NOTICE FROM LOOKSLIKE, INC. IF IN OUR SOLE DISCRETION YOU FAIL TO COMPLY WITH ANY TERM, CONDITION, OR PROVISION OF THESE TERMS OF USE, OR IF LOOKSLIKE, INC. BELIEVES, IN ITS SOLE DISCRETION, THAT YOUR USE IS IN VIOLATION OF ANY APPLICABLE LAW, INHIBITS OR RESTRICTS THE ABILITY OF OTHER USERS TO USE OR ENJOY OUR SITE, OR OTHERWISE CONSTITUTES AN UNACCEPTABLE USE OF OUR SITE. Upon termination, you must cease use of our Site and destroy all materials obtained from our Site and all copies thereof, whether made under these Terms of Use or otherwise.
NON-TRANSFERABILITY
Your right to use our Site is NOT transferable.
APPLICABLE LAW
By visiting our Site, even if accessed from a location outside the United States, you agree that the laws of the State of Nevada, without regard to conflict of law principles, will govern these Terms of Use, our Privacy Policy, and any dispute of any sort that might arise between you and Lookslike, Inc. and its officers, directors, partners, affiliates, subsidiaries, employees, agents, or suppliers. By using our Site, you agree to submit to the exclusive jurisdiction of the state and federal courts located in the city of Las Vegas, State of Nevada, for all disputes and issues regarding your use of our Site, our Privacy Policy and your compliance with these Terms of Use.
INTERNATIONAL USERS
This Site can be accessed from locations around the world. Lookslike, Inc. makes no representations this Site or the Content available through it is appropriate for use at other locations outside the United States. Access to this Site from locations where our Site or any of its Contents are illegal or where the jurisdiction does not give effect to all provisions of these Terms of Use and our Privacy Policy is prohibited. If you access our Site from a location outside the United States, you do so at your own risk and you are responsible for compliance with all local and/or international laws.
CHILDREN
Lookslike, Inc. and Hendrickcars.com do not solicit information from minors or children under the age of eighteen. No children under the age of 18 are allowed to use any features of our Site that result in the collection of a child's personal information without parental consent. There are no computer applications on our Site to determine the age of a visitor; thus, all information volunteered on our Site will be treated the same as information given by an adult if we do not know it has been provided by a child under 18. The Internet browsing behavior of any minor should be carefully supervised by a responsible adult at all times. Please refer to our Privacy Policy for more detailed information on personal information of children under the age of 18 and for our parental consent procedure.
RIGHT TO MONITOR
Lookslike, Inc. reserves the right to monitor all network traffic to our Site to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to our Site in any fashion. Anyone using our Site expressly consents to such monitoring by using our Site.
