- ACCESS TO THE WEBSITE. The www.anx.com website and domain name and all other websites, domain names affiliated with ANX, and any other linked pages, features, content, or services offered from time to time by ANX in connection therewith (collectively, the "Website") are owned and operated by ANX. ANX may change, suspend or discontinue the Website at any time, including the availability of any feature, database, or content, without notice or liability. ANX reserves the right, in its sole discretion, to modify this Agreement at any time by posting an updated version on the Website, or by sending you a notice via email or postal mail. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Website following such modification constitutes your acceptance of this Agreement as modified.
You represent and warrant to ANX that: (i) if you are an individual (i.e., not a corporation), you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Website and take full responsibility for your use of and access of the Website. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
- WEBSITE CONTENT.
- The Website, excluding the Automotive Portal ("Autoportal"):
The Website and its contents (excluding the Autoportal section) are intended solely for the personal, non-commercial use by Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website ("Content") are protected by copyright. ANX, anx.com and other marks indicated on our Website are registered trademarks of the ANX in the United States and internationally. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Website, and shall not use, download, store, reproduce, modify, translate, publish, distribute, perform, upload, display, license, create derivative works based on, sell, link to, or otherwise exploit for any purposes whatsoever the Website or any Content, mark, or third party submissions or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
Autoportal and its contents are intended solely for business use by registered Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website ("Content") are protected by copyright. ANX, anx.com and other marks indicated on our Website are registered trademarks of the ANX in the United States and internationally. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Website, and shall not use, download, store, reproduce, modify, translate, publish, distribute, perform, upload, display, license, create derivative works based on, sell, link to, or otherwise exploit for any purposes whatsoever the Website or any Content, mark, or third party submissions or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
- The Website, excluding the Automotive Portal ("Autoportal"):
Although some of the individuals posting to this Website, including the moderators, work for ANX, any opinions expressed are the personal opinions of the original authors, not of ANX and ANX will not be liable for any errors or omissions in any user-generated content. The user-generated content is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by ANX or any other party. You understand that ANX cannot guarantee the identity of any other users with whom you may interact in the course of using the Website. Additionally, ANX cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will ANX be liable in any way for any user-generated content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted or otherwise made available via the Website.
- The Website, excluding the Autoportal:
This Website is available to the public. No information you consider confidential should be posted to this Website. In addition to the rights above, ANX may modify, display, delete, transmit or distribute user-generated content posted on this Website in its sole discretion and without your permission. The user-generated comments and blogs are moderated and will appear as soon as they are approved by the moderator, if at all. However, ANX shall not be responsible for controlling or editing any content, nor can ANX ensure prompt removal of inappropriate or unlawful content.
The Autoportal is available to registered users only. Confidential information may be posted to the Autoportal. In addition to the rights above, ANX may delete or move user-uploaded files posted on this Website in its sole discretion and without your permission. However, ANX shall not be responsible for controlling or editing any content, nor can ANX ensure prompt removal of inappropriate or unlawful content.
- The Website, excluding the Autoportal:
- YOUR WARRANTY. You warrant, represent and agree that you will not contribute any Content or otherwise use the Website in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; or (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable. ANX reserves the right to remove any Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if ANX is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not ANX, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Website, and you warrant that you possesses all rights necessary to provide such content to ANX and to grant ANX the rights to use such information in connection with the Website and as otherwise provided herein.
- OTHER RESTRICTIONS. You are responsible for all of your activity in connection with the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any ANX user. Use of the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run any form of auto-responder, or "spam" on the Website, or any processes that run or are activated while the you are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Website infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website is strictly prohibited. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity on the Website.
- WARRANTY DISCLAIMER. THE CONTENT, WEBSITE AND ANY SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, ALL OF WHICH ARE HEREBY DISCLAIMED. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. Although ANX has attempted to provide accurate information on this Website, ANX assumes no responsibility for the accuracy or completeness of the information. ANX may change the programs or products mentioned on this Website at any time without notice, but ANX makes no commitment to update such programs or products in any respect. Mention of non-ANX products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
- REGISTRATION AND SECURITY. As a condition to using the Website, you may be required to register with ANX and select a password and user name ("ANX User ID"). You shall provide ANX with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a ANX User ID a name of another person with the intent to impersonate that person; or (ii) use as a ANX User ID a name subject to any rights of a person other than you without appropriate authorization. ANX reserves the right to refuse registration of, or cancel a ANX User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
- INDEMNITY. You will indemnify and hold ANX, its parents, subsidiaries, affiliates, officers and employees, harmless, from and against any and all claims, demands, actions, losses, liabilities, damages, attorneys' fees and costs incurred based upon or arising out of your use of or access to the Website, the violation of this Agreement by you, or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL ANX OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND ANX'S REASONABLE CONTROL. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
- FEES AND PAYMENT. ANX reserves the right to require payment of fees for certain features. You shall pay all applicable fees, as described on the Website in connection with such features selected by you.
- THIRD PARTY WEBSITES. The Website may contain links to third party websites that are not owned or controlled by ANX. When you access such websites, you do so at your own risk. ANX is not responsible or liable for the accuracy, availability or reliability of any information, goods, data, opinions, or statements made available on these websites, or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. ANX provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.
- TERMINATION. This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your registration at any time by following the instructions on the Website. ANX may terminate your access to the Website or your registration at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your registration. ANX may also terminate or suspend any and all features and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use or access the Website, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
- MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with ANX's prior written consent. ANX may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Michigan without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Michigan using the English language in accordance with the commercial arbitration rules and procedures of the American Arbitration Association then in effect, except that each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Judgment upon the award so rendered may be entered in a court having jurisdiction. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind ANX in any respect whatsoever.
- COPYRIGHT DISPUTE POLICY. ANX has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of ANX's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is ANX's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the ANX website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- identification of works or materials being infringed;
- identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that ANX is capable of finding and verifying its existence;
- contact information about the notifier including address, telephone number and, if available, email address;
- a statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
- a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Procedure for Reporting Copyright Infringements:
Please contact ANX's Designated Agent to Receive Notification of Claimed Infringement: Glenn Moore, ANX Copyright Agent, ANXeBusiness Corp., 2000 Town Center, Suite 2050, Southfield, MI 48075, phone: 248-263-3400, fax: 248-263-3409, firstname.lastname@example.org.