Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree to be bound by the terms and conditions herein, do not use or access our services. Higher Turnover may modify this agreement at any time without notice, and such modification shall be effective immediately upon posting of the modified agreement. By continuing to use this website you agree that Higher Turnover has the right to change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.
You acknowledge and agree that the materials contained in this Website are protected by copyright, trademark and other proprietary rights and laws. Except for the use expressly authorized, you agree not to sell, transfer, license, modify copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. Higher Turnover prohibits any third-party Website, person, or entity from downloading, scraping, exporting, copying, extracting, capturing vehicle information or dealer information, capturing phone numbers or any content found on the Higher Turnover Website for the purpose of creating a collection, compilation, database, or directory, or redisplay or distribution of any data and/or content without express written permission of Higher Turnover. Higher Turnover may use fictitious dealer information or vehicle information that will help identify any third-parties that uses, calls, or displays the Higher Turnover content on any Website without express written permission of Higher Turnover. Higher Turnover will seek maximum punitive monetary damages according to law to protect the information displayed on the Higher Turnover Website. All rights not expressly granted herein are reserved. You may not mirror or archive any part of this Website or any material contained on this Website on any server or computer without Higher Turnover's written permission.
PRODUCTS, SERVICES AND SOFTWARE
Using software from this Website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon usage of such software. Software available on this Website is copyrighted by Higher Turnover or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.
You agree that all submissions provided on this Website are the sole responsibility of the person or entity from which the submissions originated, and that you are responsible for each submission that you post on this Website. You hereby represent and warrant that you are the sole author of all submissions you post or submit to the Website, and that such submissions do not infringe upon the copyright, trademark, privacy, publicity, or other rights of any person or entity. As Higher Turnover may make modifications of this Website, you agree that Higher Turnover may at any time delete, refuse or move submissions posted to the Website for any reason.
You are exclusively responsible for the accuracy of all submissions you post or submit to the Website, including the accuracy of information provided about your vehicle(s). If you believe information in your submissions is incorrect or you have concerns with Higher Turnover's services regarding your submissions, you must notify us immediately. If any information in your submissions is found to be fraudulent, Higher Turnover reserves the right to immediately deactivate your user account and remove your submissions without any form of compensation or advance warning.
NO UNLAWFUL OR PROHIBITED USE
Take any action or make any communication that is inappropriate, unlawful, threatening, libelous, obscene, vulgar, pornographic, profane, indecent, defamatory, abusive, harassing, grossly offensive, malicious, promotes or encourages illegal activity or a violation of the legal rights (including, without limitation, privacy and publicity rights) of Higher Turnover or any third party.
Violate the copyright, trademark, or other intellectual property rights of any other person or entity.
Submit Material that violates the rights of others, such as Material that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user, by linking or any other method, to the content of a third party without the third party's written consent
Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
Improperly assume or claim the identity, characteristics, or qualifications of another person.
Creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Use this Website to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services.
Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
Use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Service.
Violate any applicable laws or regulations.
Reformat or frame any portion of any web page that is part of this Website.
Use this Website to engage in any illegal activity or the planning of any illegal activity.
Post submissions or any other content using any manual or automatic posting tools other than those provided by Higher Turnover, unless you have received express written consent from Higher Turnover to do so.
Post hyperlinks to other websites that contain content that falls within the descriptions set forth above.
Interfering, disrupting or attempting to gain unauthorized access to other accounts on this Website or any networks connected to this Website.
Higher Turnover is not obligated to monitor the communications contained on the Website. However, Higher Turnover may, at its sole discretion, edit, decline to post, or remove any submissions posted or submitted to the Website.
Any user names and/or passwords used for this Website are for individual use only. You are solely responsible for the security of your user name and/or password. Higher Turnover will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Higher Turnover considers insecure, Higher Turnover will be entitled to require the password to be changed and/or terminate your account.
You understand that providing your user name and/or password to a third party without the consent of Higher Turnover, and/or using a password to gain unauthorized access to Higher Turnover, constitutes computer fraud and is a class 5 felony under the law, which govern this Agreement and to which you have consented and further constitutes a violation of Federal law, punishable by fine and/or imprisonment. You are aware that Higher Turnover may monitor password use and vigorously pursue violators to the full extent of the law.
NO REPRESENTATIONS OR WARRANTIES
Higher Turnover makes no representations or warranties that this Website if free of defects, viruses or other harmful components. Higher Turnover shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Website or Higher Turnover's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD HIGHER TURNOVER HARMLESS FROM, AND YOU COVENANT NOT TO SUE HIGHER TURNOVER FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. Despite our best efforts, it is inevitable that some inaccuracies may occasionally be present. Higher Turnover is not responsible for typographical errors, mistakes, or misprints, including but not limited to, pricing errors, individual vehicle disclaimers, finance options, or an incorrect statement of features and/or accessories of a particular vehicle. To the extent permitted by applicable law. Always consult with the seller over such terms, including price, dealer fees, tax, tag, title, etc. before making your final purchasing decision. We also recommend that you call the seller before visiting the lot/vehicle to insure all information is correct and the vehicle is still available for purchase. Higher Turnover is not responsible for, and does not guarantee the performance or condition of any such goods or services. ACCESS TO THIS WEBSITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." HIGHER TURNOVER DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. HIGHER TURNOVER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY
The information provided on this Website is provided "as is" or "as available" and Higher Turnover makes no representations or warranties, expressed or implied, to any actual or prospective purchaser or owner of any item as to the existence, ownership, or condition of the item or as to the accuracy or completeness of any information about the item contained in this service. You acknowledge that any reliance upon any such materials shall be at your sole risk, and that Higher Turnover will not be liable in any way for submissions or for any loss or damage of any kind incurred as a result of the use of any submissions posted, emailed or otherwise made available through the use of this Website. Higher Turnover has no control over the quality, safety or legality of the user-posted submissions, the truth or accuracy of the submissions, the ability of sellers to sell items or the ability of buyers to buy items. Higher Turnover cannot and does not control whether or not sellers will complete the sale of items they offer. Higher Turnover cannot and does not control whether or not buyers will complete the purchase. Because Higher Turnover does not and cannot control the action of others, in the event that you have a dispute with one or more buyers or sellers, you hereby release Higher Turnover (and our employees and any third party partners and/or licensees of Higher Turnover) from all claims, demands and damages (actual and consequential) of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such a claim or demand. If you are a resident in a state which restricts the effect of a general release, you hereby waive any such provision to the fullest extent allowable by law and agree that this release of liability shall apply to this agreement to the fullest extent possible.
UNDER NO CIRCUMSTANCES SHALL HIGHER TURNOVER OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HIGHER TURNOVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HIGHER TURNOVER CANNOT AND DOES NOT GUARANTEE or WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. HIGHER TURNOVER AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO OUR WEBSITE BY YOU OR ANY OTHER THIRD PARTY. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; HIGHER TURNOVER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HIGHER TURNOVER, AND/OR OUR ADVERTISERS AND PROVIDERS, ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM ANY VIOLATION BY YOU OF THESE TERMS.
If you are dissatisfied with any portion of the Website or the associated services, your sole remedy is to cease using them.
You agree to defend, indemnify, and hold harmless Higher Turnover and its employees and affiliates from and against all liabilities, claims, damages, costs, obligations, debt, and expenses (including without limitation reasonable attorneys' fees and costs) arising out of your use or misuse of this Website and your infringement of the intellectual property or other rights of third parties.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, and logos appearing in this Website are the property of Higher Turnover or the party that provided the trademarks, service marks, and logos to Higher Turnover. Higher Turnover and any party that provided trademarks, service marks, and logos to Higher Turnover retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Website.
You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Higher Turnover.
All content on this Website whether provided by Higher Turnover or through links to Linked Sites is the copyrighted work of Higher Turnover, the owner(s) of the Linked Sites, and/or the owner(s) of submission(s). Except as stated herein, none of the contents of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Higher Turnover, the owner(s) of the Linked Sites, and/or the owner(s) of submission(s).
If Higher Turnover takes any action to enforce this User Agreement, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Unless otherwise indicated, all material on this Website © Higher Turnover. All rights reserved.