Visitor Agreement
We are pleased that you have chosen to visit the Edmunds Automotive Network. We were
the world's first online resource for automotive information and we strive every day to continue to be the best
at what we do.
The Edmunds Automotive Network consists of Edmunds.com, InsideLine.com, CarSpace.com
and AutoObserver.com, and any other Web site that we identify as a part of the Edmunds Automotive Network.
We provide the Edmunds Automotive Network, and our services and products, to you
subject to the provisions of this Visitor Agreement. By using the Edmunds Automotive Network or viewing
its content, you accept and agree to be bound by this Visitor Agreement and each of its provisions.
This is a legally binding agreement between you and us, so please read it carefully.
License for Personal Use
We grant you a limited license and permission to access and make personal use of the Edmunds Automotive Network but not to download any portion of it for any commercial purpose or to modify any portion of it, except with our written or e-mailed consent. This license does not include any resale or commercial use of the Edmunds Automotive Network or its content; any collection or use of any vehicle or other product listings, descriptions or prices; any collection or use of the editorial content or the content submitted by either our members or our other visitors; any derivative use of the Edmunds Automotive Network or its content; or any use of data mining, robots or similar data gathering or extraction tools or processes; and you agree not to do any of the foregoing. Except as explicitly provided in this Visitor Agreement, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the Edmunds Automotive Network for any commercial purpose. You may display and occasionally print a single copy of pages of the Edmunds Automotive Network for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Edmunds Automotive Network (other than your own "Visitor-Submitted Content," as described below) without our prior written or e-mailed consent. Requests for permission to reproduce or distribute materials found on the Edmunds Automotive Network should be sent to
Permissions.
You may not use our names (the words "Edmunds," "Edmunds.com," "Inside Line,"
"InsideLine.com," "CarSpace," "CarSpace.com," "AutoObserver" and "AutoObserver.com," or misspelling or typographical variation of those words,
and 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. Our
Trademark Notice provides
more information about our trademarks.
Any violation of the forgoing will terminate the permission and license granted by us
to access and make use of the Edmunds Automotive Network.
Visitor-Submitted Content
The Edmunds Automotive Network provides a number of means by which you may
communicate with other visitors and with us.
Many of these are the various communication and personalization tools and services
that are part of our "community" (the "Community Services"). The Community Services include our Forums (the
most established automotive message boards), as well as the following:
- Edmunds' Answers
- Dealer Reviews & Ratings and Repair Shop Reviews & Ratings
- the CarSpace Email Service
- friends and group lists and other social networking tools
- community member activity pages
- photo albums
- videos
- blogs
- chat areas
- groups
- invitees
- comments
In order to add content to the Edmunds Automotive Network through the Community
Services, you must first become a member of the
Edmunds Automotive Network and agree to our Membership Agreement.
However, other means of communication do not require that you become a member of the
Edmunds Automotive Network. These include our Consumer Vehicle Reviews, Letters to the Editors, Success
Stories, Help and the submittal to us of questions or comments. All of your communications made to or through
those services are referred to as "Visitor-Submitted Content."
You agree that your Visitor-Submitted Content intended for display on the Edmunds
Automotive Network 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 Visitor-Submitted Content.
You may not submit Visitor-Submitted 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 may not submit Visitor-Submitted Content that contains personally identifiable
information about other people, such as their phone number, street address or e-mail address, or information
about other people that could result in an invasion of their privacy or their harassment.
We reserve the right to review all Visitor-Submitted Content and to remove, or to
refuse to display, any Visitor-Submitted Content in our sole discretion and for any reason. However, we also
reserve the right in our sole discretion to display any Visitor-Submitted Content that is submitted to us (or
to decline to remove any Visitor-Submitted Content), even if it violates this Visitor Agreement. Once
submitted by a visitor, Visitor-Submitted Content may not be revised or deleted by that visitor.
You agree that, by submitting any Visitor-Submitted Content to us, 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 Visitor-Submitted 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 Visitor-Submitted
Content. If we publish your Visitor-Submitted Content or authorize or license others to do so, your Visitor-Submitted Content may be edited for length or clarity or for any other reason either before or after it is published, it may be attributed to you by name and city (if provided to us) unless you expressly request that you remain anonymous, and it may be attributed to you by your Edmunds Automotive Network username (if you have one).
You agree that you will not use or reproduce any Visitor-Submitted Content (other
than your own) in any manner or in any media, including posting or republishing any such Visitor-Submitted
Content on any other Web site.
Electronic Communications
When you visit the Edmunds Automotive Network or send e-mails to us, you are
communicating with us electronically. You consent to receive communications from us electronically. We may
communicate with you by e-mail or by posting notices on the Edmunds Automotive Network. You agree that all
agreements, notices, disclosures and other communications that we provide to you electronically or that you
provide to us electronically satisfy any legal requirement that such communications be in writing.
Liability and Warranty Disclaimers
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE EDMUNDS AUTOMOTIVE NETWORK ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE EDMUNDS
AUTOMOTIVE NETWORK AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE EDMUNDS AUTOMOTIVE NETWORK 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 EDMUNDS AUTOMOTIVE NETWORK ARE
ACCURATE, RELIABLE OR CORRECT; THAT THE EDMUNDS AUTOMOTIVE NETWORK WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE EDMUNDS AUTOMOTIVE NETWORK IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE EDMUNDS AUTOMOTIVE NETWORK IS SOLELY AT YOUR RISK. BECAUSE
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO
YOU.
All prices, incentives and rebate information, and other information displayed on the
Edmunds Automotive Network 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 Edmunds Automotive Network, 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 Edmunds Automotive Network 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, terms, quality,
reliability or performance of the products or services provided by those vendors.
We also provide links to Web sites operated by vehicle manufacturers, distributors
and dealerships. We are not responsible for any of the content that appears on those sites, including any
promotional contests or sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any sweepstakes
or contest offer that may be promoted from time to time by other companies or that may be accessible through
links from this Web site.
Through our Dealer Locator service we collect personally identifiable information
about you and transmit that information to automobile dealers. Those dealers are not affiliated with either
Edmunds Inc. or any of the other media companies for whom we host "co-branded" versions of any of the Edmunds
Automotive Network, and often those dealers are not affiliated with the intermediary companies that assist us
in transmitting your information to those dealers. These services are provided on an "as is" basis; neither we,
such other media companies nor such intermediary companies make any representation or warranty concerning, or
are responsible for, any of the products or services those dealers provide, the manner in which those products
or services are provided, or for any use made by those dealers of your personally identifiable
information.
Chrysler LLC ("Chrysler") provides certain data, information and images to Edmunds
(the "Chrysler Information"). The Chrysler Information is provided by Chrysler "as is" and Chrysler makes no
warranties, either expressed or implied, of any kind respecting the Chrysler Information, including, without
limitation, implied warranties of merchantability and fitness for a particular purpose. The Chrysler
Information is not warranted to be error- or virus-free. Chrysler is not liable for any damages in connection
with the use of the Chrysler Information, including without limitation, any loss of profit, use, goodwill or
any work stoppage, computer failure or malfunction, interruption of business, or any direct, indirect, special,
exemplary, incidental or consequential damages in connection with, related to, or arising out of the use of the
Chrysler Information.
Limitation of Liability
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 EDMUNDS AUTOMOTIVE NETWORK. 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.
Your Edmunds Account
If you have signed up for an Account on the Edmunds Automotive Network, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur in your Account.
Copyright Complaints
We respect the intellectual property of others. If you believe that your work has
been copied — by us or by any third party on the Edmunds Automotive Network — in a manner that
constitutes copyright infringement, please provide our copyright agent the written information specified below.
Please note that this procedure is exclusively for notifying us that your copyrighted material has been
infringed.
- An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the
Edmunds Automotive Network, including the URL of the page on which it appears;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's
behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Edmunds
Automotive Network can be reached at:
Edmunds Inc.
Attention: Legal Department
1620 26th Street, Ste. 400 South
Santa Monica, CA 90404
Fax: 310-309-6400
Damages; Indemnification
You agree that you will be responsible for any damages resulting from any violation
of this Visitor Agreement. You further agree to indemnify and hold Edmunds Inc., and its affiliates, officers,
directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your breach of this Visitor Agreement, or any violation of any law
or the rights of any third party that occurs in connection with your use of the Edmunds Automotive
Network.
Choice of Law and Forum
This Visitor Agreement shall be governed by and construed in accordance with the laws
of the State of California, excluding its conflicts of law rules. You agree that, unless expressly waived by us
or we bring an action in a different jurisdiction, the exclusive jurisdiction for any claim or action arising
out of or relating to this Visitor Agreement or your use of the Edmunds Automotive Network shall be in the
state or federal courts located in the County of Los Angeles, State of California, and you further agree and
submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or
action. You also agree that in the event of any action to enforce or interpret this Visitor Agreement, the
prevailing party shall be entitled to collect its reasonable attorney fees.
Modification and Severability
We reserve the right, in our sole discretion and at any time, to make changes to this Visitor Agreement and our other legal notices. Changes will be effective when made and the updated Visitor Agreement (or updated applicable notice) is posted on the Edmunds Automotive Network; provided, however, that no such change shall be applicable to any dispute between you and us that arises prior to the time such change is effective. Accordingly, you should visit this page periodically to review its provisions. By continuing to use this Web site following our posting of such changes, you agree to be bound by this Visitor Agreement as modified. We may also change, restrict access to, suspend or discontinue the Edmunds Automotive Network, or any portion of thereof, at any time.
If any of provision of this Visitor Agreement shall be deemed invalid, void or for
any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and
enforceability of the balance of this Visitor Agreement.
Other Legal Notices
Please review our other Legal
Notices. Those notices also govern your visit to and use of the Edmunds Automotive Network.
Revised January 20, 2010