AutoBodyAlliance.com Terms and Conditions
The following describes the terms on which www.AutoBodyAlliance.com offers you
access to our services.
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
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
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.
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
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
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.
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.
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.
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.
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
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.
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
If you object to your information being transferred or used in this way, please
do not use our services.
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, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
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.
- 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.
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
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.
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.