Terms & Conditions

TERMS & CONDITIONS

Access to and use of the 4040 Group web site are subject to the terms and conditions set forth in these Terms of Use (these “Terms”) and all applicable laws and regulations, including laws and regulations governing copyright and trademark.

BY ACCESSING THE 4040 GROUP WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS. 4040 GROUP RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, PLEASE DO NOT USE THE WEB SITE OR DOWNLOAD MATERIALS FROM IT.

4040 GROUP may terminate, change, suspend or discontinue any aspect of the web site, including the availability of any features, at any time. 4040 GROUP may remove, modify or otherwise change any content, including that of third parties, on or from this web site. 4040 GROUP may impose limits on certain features and services or restrict your access to parts or all of the web site without notice or liability. 4040 GROUP may terminate your use of the web site at any time in its sole discretion.

These Terms apply exclusively to your access to and use of the web site and do not alter the terms or conditions of any other agreement you may have with 4040 GROUP or its subsidiaries or affiliates.

You will not use the 4040 GROUP web site for any purpose that is unlawful or prohibited by these Terms. You may not use the 4040 GROUP web site in any manner that could damage, disable, overburden, or impair any 4040 GROUP server, or the networks connected to any 4040 GROUP server, or interfere with any other party’s use of the 4040 GROUP website. You may not attempt to gain unauthorized access to the 4040 GROUP web site, computer systems or networks connected to any 4040 GROUP server or to the 4040 GROUP web site, through hacking or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the 4040 GROUP web site. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted by you, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this web site. This web site is controlled and operated in the United States. If you are in a jurisdiction which restricts you from accessing this web site, do not access or use this web site. 4040 GROUP makes no representation that the web site is appropriate or available for use outside the United States.

The web site and its content are protected by United States and/or foreign copyright laws, and belong to 4040 GROUP or its partners, affiliates, contributors or third parties. The copyrights in the content are owned by 4040 GROUP or other copyright owners who have authorized their use on the web site. Any reproduction, republishing, uploading, posting, transmitting, distributing or publicly displaying material from this web site is expressly prohibited, unless you have received written permission from Dealer.com. All trademarks on the web site are either trademarks or registered trademarks of 4040 GROUP or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Dealer.com. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of 4040 GROUP or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Dealer.com. Other trademarks, registered trademarks, product names, and company names or logos displayed on the web site are the property of their respective owners.

You acknowledge and agree that 4040 GROUP may use the data collected in the course of our relationship for the purposes identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms.

The 4040 GROUP web site may contain links to sites not under the control of Dealer.com. No responsibility is assumed for the content of any page not on our site. Links to third-party web sites on this site are provided solely as a convenience to you. 4040 GROUP has not reviewed these third-party sites and does not control and is not responsible for any of these sites or their content. If you decide to access any of the third-party sites linked to this site, you do so entirely at your own risk, and the inclusion of any link does not imply endorsement by 4040 GROUP of the site. Once you link to another site, you are subject to the privacy policy of the new site.

THIS WEB SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 4040 GROUPDOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES. YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. 4040 GROUP may make changes to the content, or to the products described therein, at any time without notice.

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL 4040 GROUP OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS WEB SITE OR ANY CONTENT CONTAINED ON THE WEB SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF 4040 GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

You agree to indemnify, defend and hold harmless 4040 Group subsidiaries, business partners, licensors, employees, agents, and any third-party information providers to the web site from and against all claims, losses, expenses, damages and costs, and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the web site, the content, or any violation by you of these Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of Vermont, and the federal laws of the United States, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Vermont. These Terms constitute the entire agreement between you and 4040 GROUP governing your use of the web site. Should any provision in these Terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the web site must be filed within one year after it arose or be permanently barred.

It is the policy of 4040 GROUP to respond to claims of intellectual property infringement. Pursuant to 17 USC Â§ 512, notifications of claimed copyright infringement should be sent to the following agent: 4040 Group, 4606 FM 1960 W, Houston, TX 77069.

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
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;
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.