By using the Merchants Fleet Management Web site, you hereby agree to be bound by all of the terms and conditions contained in this User Agreement ("Agreement"). Merchants Fleet Management ("Merchants") reserves the right at its discretion to change the terms of this Agreement and will provide notice of any such changes by online posting. Your continued use of the Merchants Fleet Management Web site after the posting of any notice of change in terms shall constitute your agreement to be bound by any such changes.
Outside Pages. From time to time, we will occasionally provide links to Web pages which exist outside of our control. These links are intended to enhance our customers' understanding of certain issues. We have no control over either the content or the availability of these sites and therefore assume no liability arising out of their use or attempted use.
Limitations On Use, Copyright and Restrictions. All information displayed, transmitted or carried on the Merchants Fleet Management Web site including, but not limited to, auto inventory details, guides, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like (collectively, the "Content") is protected by copyright and other intellectual property laws. The Content is owned by Merchant Automotive Group, its affiliates or third party licensors. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in such Content. You agree to abide by all copyright notices and restrictions attached to any Content accessed through the Merchants Fleet Management Web site, not to alter the Content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of the Content.
Permitted Use. You may make a single copy of the Content displayed on the Merchants Fleet Management Web site for personal, noncommercial use only, provided that you do not remove any trademark, copyright and any other notice contained in such Content. You shall not archive or retain any Content in any form without written permission from Merchants Fleet Management. You may not distribute (including via e-mail or the Internet), or otherwise make available, copies to others, whether or not for payment or other consideration, without written permission from Merchants Fleet Management. You may submit requests for permission to retain, distribute or reproduce to Merchants Fleet Management by phone at (603) 695-9235.
Changes in Service. Merchants Fleet Management may modify, suspend, discontinue or restrict the use of any portion of the Merchants Fleet Management Web site, including the availability of any Content feature, at any time and without notice or liability.
General Disclaimer and Limitation of Liability. Merchants Fleet Management makes no warranty regarding the Merchants Fleet Management Web site or any content, services or products provided through or in connection with the Merchants Fleet Management Web site. Merchants Fleet Management EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THE Merchants Fleet Management WEB SITE; AND (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR AGAINST INFRINGEMENT. In no event will Merchants Fleet Management, its officers, directors, shareholders, employees, agents, licensors, contractors and affiliates be liable to you for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by the Merchants Fleet Management Web site, its public posting bulletin boards, its content or any errors or omissions in its content, even if advised of the possibility of such damages.
Any liability of the Merchants Fleet Management, its officers, directors, shareholders, employees, agents, licensors, contractors and affiliates including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid to Merchants Fleet Management by or on behalf of you in connection with the Merchants Fleet Management Web site in the 12 months prior to the claimed injury or damage.