Privacy Policy and Terms of Use Privacy Policy Overview: Please read this entire PPTU carefully each time you visit any of our websites, since we reserve the right to add, modify and/or delete any portions of this PPTU at any time. If you do not agree to this PPTU, then you are not authorized to use our websites, and you should exit the websites. This PPTU does not apply to websites, web content & forms or framed/linked third party web content that we do not own, nor does it apply to any of our business customer websites, web content & forms, framed/linked third party web content or business practices. This PPTU is published based on applicable Federal & State Laws regarding the collection, storage and distribution of your information in the form of (i) non-public personal information which consists of any information about you that is not publicly available, and (ii) public personal information which consists of any publicly available information about you. Non-public personal information and public personal information are referred to collectively as “personal information”. This PPTU describes how we use such personal information, and how we protect your privacy. We collect, store and distribute personal information to enable us to administer the ongoing business activities that we license to our business customers for the purpose of managing interactive marketing and media campaigns on search engines and websites. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This PPTU does not apply to the practices of companies that we do not own or control, or to people we do not employ or manage. Our web sites may contain hyperlinks to third party web sites. We are not responsible for the privacy practices or the content of such third party web sites or advertisers. Please check with those web sites to determine their privacy policy. Collection and Use of Personal Information During a normal visit to our web sites, no personal information about you is collected. All information is free to browse at your leisure without the need for you to provide us with any personal information. Your visit does however generate a session log. When you visit any web site, the server housing the pages automatically generates a "session log." The logs are used by the owners of the sites to track the pages you visit or request. The only data gathered is the Internet Protocol (IP) address from which you came (which contains no personal information), the web site that referred you, the pages you visited and the date and time of those visits. We use session logs to help us determine how people travel through our site. In this way, we can structure our pages so that the information most frequently visited is easier to find. By tracking page visits, we can also determine if the information we're providing is being used. To ensure that our consumers receive the best Internet experience, we collect and store information regarding the demographics of our consumers, statistical trends, submission trends, website traffic information, frequency of visit, sales transaction information, search engine referral information, key word modeling, consumer location and consumer provided information via website submission forms and tracking phone numbers. Please note that submission forms often require consumers to provide personal information about themselves including name, phone, email, address, vehicle information, trade information, buying status, general comments, social security number and other private financial information. When you register for the download of our products or services, we may ask for information such as your name, date of birth, gender, email address, and general location. We automatically receive and record information on our server logs from your browser, including your IP address, cookie information, and the page you request. Log data is only used in aggregate to analyze usage of our web site. We use your personal information for the following general purposes: to fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients. We will not contact minor children about special offers or for marketing purposes. Sharing and Disclosure of Personal Information Upon submission of any information or form from our websites, the information you submitted may be promptly distributed to an affiliated dealer network as determined solely by us. Once your information (including any personal information) has been distributed from us to any third party or affiliated dealer network, your information becomes subject to the respective privacy policy of that third party or affiliated party who has a separate and independent obligation to use and protect your information for its intended purpose by endeavoring to use your information to assist you with the research and possible purchase of an automotive vehicle, service visit, parts purchase, general information request, vehicle financing and/or other automotive activity. We reserve the right to publish non-personally identifiable, summary information regarding visitors to our web sites for promotional purposes and as a representative audience for advertisers. This is not your personal information, only general summaries of the activities of our visitors and customers. From time to time, we may offer products or services from our partners or third parties. Where you are so notified during the purchase process, your information may be shared with the provider of the product or service. Modification and Deletion of Personal Information Information in Public Forums Any personally identifiable information you submit in a public forum can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these public forums. In order to avoid your e-mail address or other personal information from being gathered and used by others for inappropriate or harmful purposes, we advise that you should be cautious about posting a real e-mail address or other personal information to newsgroups, chats, or other public forums. Confidentiality and Security To Protect Information Opting Out Of The Database If you feel that a minor child may have furnished information without parental notice or consent, please send us an email to minor@clickmotive.com with “minor” in the subject line along with the minor’s complete name, address and phone number, and this information will be permanently removed from our database. California Privacy Rights To obtain this information on behalf of us, please send an email message to shinelightinfo@clickmotive.com with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Content and Acceptable Use Policy You agree and acknowledge that we reserve and have the right, at our sole discretion, to delete any information that may be illegal, subjects us to liability, or violates this PPTU or other written agreement between us. You agree and acknowledge that your violation of the PPTU may result, in addition to any other available remedy, in us terminating your right to use our services and/or products. In addition to any remedy provided hereunder, we expressly reserve our rights under the law to take any other lawful action we deem necessary. You promise and agree you will be solely liable for your use of our services and products and any liability for any information that you upload, download, store, transmit, or otherwise make available. You agree to use your best efforts to ensure the security and integrity of your network or systems used to access our services and/or products. You agree and acknowledge that the following uses of our services and products are expressly prohibited, and you promise not to use such services and/or products to: Upload, post, store, transmit, or otherwise make available any content that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations; You agree and acknowledge we may preserve content and may also disclose content if it is required to do so by law, or we have a good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with the law; (ii) enforce or perform any user agreements to which we are a party; (iii) initiate, render, bill, and collect for our services and products; (iv) protect the property or personal safety of us and our employees, our users, and the public; or (v) protect our users from fraudulent, abusive, or unlawful use of our services and products. You agree and acknowledge that you, and not us, are solely responsible for all content that you upload, download, post, store, transmit, or otherwise make available. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. You agree and acknowledge under no circumstances will we be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded, downloaded, posted, stored, transmitted, or otherwise made available. You agree and acknowledge you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You promise you will not rely on any content created by us or uploaded, downloaded, posted, stored, transmitted, or otherwise made available to us. International Use Communications Downloadable Files We sometimes use downloadable files to deliver our products and/or services. If information on our site requires a particular piece of software to view it, we will provide a link for you to acquire that software. Examples are plug-ins for your browser that allow you to view files like Macromedia Flash or Shockwave, Adobe Acrobat, the Quick Time player or Real Player. We rarely, if ever, will require you to download an uncommon piece of software or program to view our information. Third Parties Your correspondence or business dealings with, or participation in promotions of, any third party found on or through our services or products, including, without limitation, 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 third party. You agree and acknowledge that we are not, and will not be, responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you promise to indemnify, defend, and hold us harmless from any liability asserted against us as a result of any such dealings. Hyperlink Disclaimer Cookies and Beacons Our advertisers and we may elect to use a software technology called clear gifs (a.k.a., “web beacons,” “web bugs,” or “action tags”) to help better manage advertising and traffic on our web site. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. Clear gifs may ping or alert the advertiser’s server or our server about your online movements. We do not have access to any information collected by the clear gifs of our advertisers. Detecting Your System’s Performance Level Not all web site owners do this simply because it means having to build multiple versions of content. In fact, most simply offer a statement on their homepage to the effect that "This site is best viewed using Microsoft IE 4.0 and/or Netscape 4.0 etc." With our web site, we sometimes check your Internet connection speed in order to deliver multi-media content such as streaming video or audio at its optimum viewing level. Intellectual Property Any material information or other communication that you transmit or post to this site (collectively termed "Communications"), including but not limited to data, images, graphics, animation, sounds, text, and video, will be considered non-confidential and non-proprietary, and we will have no obligations with respect to the Communications. You hereby waive any and all rights in any Communications, and we will be free to copy, disclose, distribute, display, perform, create derivative works, incorporate and otherwise use the Communications for any and all purposes, commercial or non-commercial. You warrant that you are the owner of all Communications or have the right to transmit or post such to this site in accordance with these terms and conditions. The materials provided at this site are provided "as is" without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Further, we do not warrant the accuracy and completeness of the materials at this site. We may make changes to the materials at this site, or to the products and prices described in them at any time without notice. Indemnity Modifications to Our Services or Products We reserve the right at any time to modify or discontinue, whether temporarily or permanently, our services, products or any part thereof with or without notice, consistent with the terms of any written agreement between us. You agree we are not liable to you or to any third party for any modification, suspension, or discontinuance of our services or products. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY We will make reasonable efforts to maintain our services and products, however, we are not responsible for any damage, loss of content, or other harm arising out of (i) delays, misdelivery, or nondelivery of content, (ii) restriction or loss of access to our services and/or products, (iii) bugs or other errors, (iv) unauthorized use due to your sharing of access to our services and/or products, (v) intentional or unintentional releases of your personal information due to the legal or illegal actions of third parties attempting and/or succeeding in efforts to access our computer systems or the systems of third parties who may host our services and/or products, or (vi) other interaction with our services and/or products. You are responsible for maintaining and backing-up your data and information uploaded, downloaded, posted, stored, transmitted, or otherwise made available on or through our services and/or products. You use content provided by our services and products, and our services and products themselves, at your sole risk. The content provided, AND OUR SERVICES and products THEMSELVES, ARE provided “as is.” WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, accuracy of informational content, AND NON-INFRINGEMENT. We are not liable for any indirect, special, incidental, loss of business, loss of profits, or consequential damages, whether based on breach of warranty, breach of contract, tort, negligence, product liability, or other legal theory, even if we are advised of such damages or potential for damages, including but not limited to, those resulting from: (i) your use or inability to use our services or products; (ii) the cost of procurement of substitute goods and services resulting from any goods, content, information, or services purchased or obtained or messages received or transactions entered into through or from our services or products; (iii) unauthorized access to or alteration of your content uploaded, downloaded, posted, stored, transmitted, or otherwise made available through our services or products; (iv) statements or conduct of any third party on our services or products; or (v) any other matter relating to your use of our services or products. WE DO NOT WARRANT: (I) OUR SERVICES OR PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS; (II) OUR SERVICES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE QUALITY OF ANY CONTENT, PRODUCT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH US WILL SATISFY YOU OR YOUR NEEDS, OR MEET YOUR EXPECTATIONS; AND (IV) ANY ERRORS IN OUR SERVICES OR PRODUCTS WILL BE CORRECTED. Your use of our services and/or products is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data resulting from your use of our services and/or products. No advice or information, whether oral or written, obtained through or from us, our services or products create any warranty not expressly stated in this PPTU. Choice of Law Incorporation by Reference and Entire PPTU Other Miscellaneous Items You agree and acknowledge you also may be subject to additional terms and conditions that may apply when you use our services, products, affiliate services, third-party content, or third-party software. You and we agree if any provision of this PPTU or incorporated documents is found to be invalid by a court or other tribunal of competent jurisdiction, then (i) the other provisions of this PPTU or other incorporated document shall remain in full force and effect and (ii) the court or other tribunal construing this PPTU or other incorporated document should, to the fullest extent of the law, give effect to the parties’ intentions as reflected in the provision. You agree and acknowledge regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our services, products or this PPTU (including arising under any incorporated document) must be filed within one (1) year after such claim or cause of action arose or be forever waived and barred. The section titles in this PPTU are for convenience only and have no legal or contractual effect. Questions and Suggestions The Company: ClickMotive LP Via Email: privacy@clickmotive.com Changes to the PPTU |
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