AutoBodyAlliance.com Terms and Conditions

User Agreement
The following describes the terms on which www.AutoBodyAlliance.com offers you access to our services.

Introduction
By using the services on the www.AutoBodyAlliance.com website, you are agreeing to the following terms, including those available by hyperlink.

Before you may become a member of www.AutoBodyAlliance.com , you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. The agreement that applies on any of our domains and sub-domains is always the agreement that appears in the footer of each website.

Registration
In order to participate in the AutoBodyAlliance.com Services, users must register with AutoBodyAlliance.com by filling out a registration form and providing certain information to AutoBodyAlliance.com. After AutoBodyAlliance.com is in receipt of the registration, users are informed that their registration form has been approved, such user shall become a "Registered User." You agree that such information shall be (and kept) current, complete and accurate. AutoBodyAlliance.com reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and prohibit you from participating in the Services. Furthermore, you agree that AutoBodyAlliance.com is not liable to you or any third-party for any termination of your access to the Service.

Using AutoBodyAlliance.com
While using www.AutoBodyAlliance.com you will not:

  • Post content or items in an inappropriate category or areas on our site.
  • Violate any laws, third party rights, or our policies outlined in the Privacy Policy section.
  • Use our site or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our site.
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
  • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to AutoBodyAlliance.com).
  • Transfer your AutoBodyAlliance.com account (including feedback) and User ID to another party without our consent.
  • Distribute or post spam, chain letters, or pyramid schemes.
  • Distribute viruses or any other technologies that may harm AutoBodyAlliance.com or the interests or property of AutoBodyAlliance.com users.
  • Copy, modify, or distribute content from the Site and AutoBodyAlliance.com's copyrights and trademarks.
  • Harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing AutoBodyAlliance.com
AutoBodyAlliance.com and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.  You are responsible for the content you submit , AutoBodyAlliance.com does not pre-screen all submitted content. 

Liability
Your use of the Service is at your own risk. The Service is on an “AS IS and “AS AVAILABLE” basis. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through AutoBodyAlliance.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Further AutoBodyAlliance.com is not responsible for Third Parties and the quality of any products or Services obtained through the use of the site. AutoBodyAlliance.com shall not be liable for any Direct, Indirect, Incidental, Special, Consequential or Exemplary Damages, Including but not limited to Loss of profits, Data or Other Intangible Losses, Goodwill Use, Resulting From: 1) the use or inability to use the Service 2) unauthorized access to or alteration of your transmissions or data 3) the cost of procurement of substitute goods and services. 4) statements or conduct of any Third Party using the Service.

Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference
The site contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to AutoBodyAlliance.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission. Additionally, you agree that you will not:

  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
  • Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of AutoBodyAlliance.com., as applicable.
  • Interfere or attempt to interfere with the proper working of AutoBodyAlliance.com or any activities conducted on AutoBodyAlliance.com.
  • Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the AutoBodyAlliance.com
Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.

Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 Agreement, or your violation of any law or the rights of a third party.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices
Except as explicitly stated otherwise, legal notices shall be served to AutoBodyAlliance.com 7405 S. Bitterroot Pl. Suite 100, Sioux Falls, SD 57108. (in the case of AutoBodyAlliance.com) or to the email address you provide to AutoBodyAlliance.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes
If a dispute arises between you and AutoBodyAlliance.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and AutoBodyAlliance.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Disputes<> - This Agreement shall be governed in all respects by the laws of the State of South Dakota as they apply to agreements entered into and to be performed entirely within South Dakota, without regard to conflict of law provisions. You agree that any claim or dispute you may have against AutoBodyAlliance.com must be resolved by a court located in Minnehaha County, South Dakota, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Minnehaha County, South Dakota for the purpose of litigating all such claims or disputes.
  • Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Improperly Filed Claims - All claims you bring against AutoBodyAlliance.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, AutoBodyAlliance.com may recover attorneys' fees and costs, provided that AutoBodyAlliance.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms
Each of these policies or procedures may be changed from time to time. Changes take effect when we post them on the AutoBodyAlliance.com site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. 
AutoBodyAlliance.com reserves the right at any time to temporarily or permanently modify or suspend any Service with or without notice. You agree that AutoBodyAlliance.com shall not be liable to you or to any third party for any suspension or discontinuance of the Service.

General
AutoBodyAlliance.com Inc. is located at 7405 S. Bitterroot Pl. Suite 100, Sioux Falls, SD 57108. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.

 

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