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.
Collection and Use of Personal Information
We collect your personal information when you register with us, when you use our products or services, or when you visit our web pages or the pages of certain of our partners. We may combine information about you that we have with information we obtain from business partners or other companies.
During a normal visit to our websites, 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 website, 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 website 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, keyword 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 website.
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
We do not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you have requested, when we have your permission, or under the following circumstances:
- We provide your information to trusted partners who work on behalf of or with us under confidentiality agreements. These companies may use your personal information to (1) help us communicate with you about offers from us and our marketing partners or (2) deliver products and services you have ordered from us; provided, however, these companies do not have any independent right to share this information;
- We respond to subpoenas, court orders, or legal process, or establish or exercise our legal rights or defend against legal claims;
- We believe it is necessary to share information in order to investigate, prevent, or take action regarding any illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or property, violations of our PPTU, any misuse or unauthorized use of our website, or as otherwise required by law; or
- We transfer information about you if we are acquired by or merge with another company.
We may display targeted advertisements from time to time based on your personal information. We do not provide any personal information to the advertiser when you interact with or view a targeted ad. Our advertisers may assume that if you interact with, view, or click on targeted ads, then you meet the targeting criteria. We may work with vendors, partners, advertisers, and other service providers in industries and categories of business different from ours.
We reserve the right to publish non-personally identifiable, summary information regarding visitors to our websites 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.
This site may be monitored by VisiCogn monitoring software, and may capture information about your visit that will help us improve the quality of our service.
Modification and Deletion of Personal Information
When you use our websites, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. Where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Information in Public Forums
If we choose to offer any form of public forum in which you may post comments, any information you disclose when posting a message in any such area will become public and may be used by us for related online and offline promotional uses.
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
We limit access to personal information about you to employees and contractors who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place physical, electronic, and managerial procedures to protect your information.
To Protect Information
We have internal and external policies, procedures, secure databases and server firewalls along with employee training, monitoring and auditing in place to protect the personal information of our consumers.
Opting Out Of The Database
If you would like to opt-out of our database to keep your information from being submitted to a marketing partner, please send us an email to [email protected] with “opt-out” in the subject line along with your complete name, address and phone number, and your submitted form information will be opted-out of our database. Any information already submitted to marketing partners will need to be opted-out by you directly with that party. Anonymous statistical data regarding your website shopping trends and footsteps through our website may not be opted-out because any data compilations that relate this information to you have been blocked from external view.
If you feel that a minor child may have furnished information without parental notice or consent, please send us an email to [email protected] 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
Under California’s "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2007 will receive information regarding 2006 sharing activities).
To obtain this information on behalf of us, please send an email message to [email protected] 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
We may not actively monitor, censor, directly control, or exercise any editorial control whatsoever over any content that is uploaded, downloaded, stored, transmitted, or otherwise made available through the website, except for our proprietary content. We do not exercise any control whatsoever over any use of our services or products, except as expressly provided in this PPTU or otherwise in a written agreement with you. You agree and acknowledge that all content is the sole responsibility of the person who uploads, downloads, stores, transmits, or otherwise makes available such content.
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;
- Upload, post, store, transmit, or otherwise make available, intentionally or otherwise, any harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data, or personal information;
- Impersonate any person or entity, including, but not limited to, one of our employees or our other representatives, or misrepresent your affiliation with us or any other person or entity;
- Forge any TCP/IP, or other protocol, packet header, e-mail header, any part of any message header, or otherwise manipulate identifiers in order to disguise the origin of any content provided to or transmitted;
- Access or attempt to access (or otherwise compromise) the accounts of others, or to penetrate or attempt to penetrate (or otherwise compromise) the security of our or another entity’s computer hardware or software, electronic communications system, or telecommunications system, whether or not the intrusion results in, or would result in, the corruption or loss of data;
- Upload, post, store, transmit, or otherwise make available any content that you do not have a right to copy, upload, post, store, transmit, or otherwise make available under any law or under contractual or fiduciary relationships (including, without limitation, proprietary and confidential content);
- Infringe any intellectual property rights or other proprietary rights including, without limitation, information protected by copyright, trademark, patent, trade secret, right of publicity, or other proprietary rights of any third party;
- Collect, or attempt to collect, personal information about third parties without the third party’s knowledge or consent;
- Upload, post, store, transmit, or otherwise make available any unsolicited commercial email or “spam,” which includes unethical marketing, advertising, or any other practice, such as (i) sending mass email to recipients who have not requested email from you or with a fake return address, or (ii) promoting a site with inappropriate links, titles, descriptions. You agree and acknowledge that we, in our sole discretion, will determine what constitutes an “unethical marketing, advertising, or any other practice;”
- “Stalk” or otherwise harass another person or entity;
- Resell the services or products without our consent; and/or
- Engage in any activity that adversely affects the ability of other people or systems to use our services and/or products, including, without limitation, any interference with or disruption of other users, whether or not intentional, with such activities including interfering with or disrupting our services, products or servers or networks we use, and disobeying any requirements, procedures, policies, or regulations of networks connected to our services and/or products.
You agree and authorize us to access, use, and disclose information regarding your use of our services and products, including, without limitation, your personal information and registration data, 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 services and products; (iv) protect the property or personal safety of us and our employees, ours users, and the public; or (v) protect our users from fraudulent, abusive, or unlawful use of the services and products.
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.
Recognizing the global nature of the Internet, you promise to comply with any and all local rules regarding online conduct and acceptable content. You promise to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You promise to comply with all applicable laws protecting content uploaded, downloaded, posted, stored, transmitted, or otherwise made available through our services and products.
We may send you marketing and other communications from time to time. We reserve the right to send you certain communications relating to our products or services, such as service announcements and administrative messages that are considered part of the products and services you receive from us, without offering you the opportunity to opt-out of receiving them.
Downloading files refers to the act of choosing to receive a file or program from a website. Examples are a web browser, a sound file, movie file or screensaver. Downloadable files are usually executables. Meaning that once they are downloaded, clicking on them launches or installs a program or deposits files on your computer. Whenever you download a file from a website, you will always be given the choice of where you would like to save the file. Unless you explicitly trust the site delivering the downloadable, it is a good idea to save the file to disk before opening or activating it.
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 plugins 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.
With respect to any agreement between you and any third party, you agree and acknowledge that we do not intend to interfere with any contractual agreement between you and a third party, and you promise to perform fully your obligations under any such contract. You agree and acknowledge that it is your sole responsibility to perform such obligations. You promise not to use our services and products if such use would breach any term, material or otherwise, of any such agreement.
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.
As part of our services and/or products, we, or a third party, may provide links to other World Wide Web content, sites, services, or resources. You acknowledge we have no editorial control over such content, sites, services, or resources, and you agree and acknowledge such links are not express or implied endorsements or approvals by us of any such content, sites, services, or resources. You agree and acknowledge that we (i) are not responsible for the availability of such external content, sites, services, or resources, and (ii) do not endorse, and are not responsible or liable for, any content available from such sites, services, or resources. You agree and acknowledge we are not, and will not be liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, sites, services, or resources.
Cookies and Beacons
We may set and access our “cookies” on your computer in order to track your usage of our website. We may let other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not these PPTU. Advertisers or other companies do not have access to our cookies. If you set your browser to reject cookies, you may not be able to use all the features of our products and services. Third party cookies may also be used on our websites to place a unique cookie on your browser for tracking and marketing purposes. Any information collected via these cookies is anonymous.
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 website. 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
Sometimes, prior to serving a web page, a web server will use a simple html program to check the speed of your Internet connection or the existence of certain plugins or software. An example would be to detect which version of a particular browser you are using or which version of the Macromedia Flash plug-in you have. Once identified, the server delivers the page or Flash movie to match the performance level or version of the software or plug-in in your system. The benefit is that you always see the content in its optimum state.
Not all website 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 website, we sometimes check your Internet connection speed in order to deliver multimedia content such as streaming video or audio at its optimum viewing level.
Most of the text, images, graphics, animation, videos, music, sounds and other materials on this site are subject to trademark, copyright and other intellectual property rights, and such rights are owned by us, our affiliated companies, licensors and/or third parties. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites. The unauthorized use of any copyrighted material or trademark displayed on this site is strictly prohibited.
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.
You agree to indemnify and hold harmless us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your content, your use of or connection to our services and/or products, your violation of this PPTU and/or any other agreement with us, your use of any content you acquire through use of our services or products, or your violation of any rights of another.
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
You expressly understand and agree that:
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 non-delivery 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.
Pricing and Vehicle Information
While we will make every effort to ensure the pricing and other vehicle information remains current and accurate, errors may appear from time to time. Along with data and content provided by the Dealership and/or the Manufacturer, other third-parties are at times utilized to supplement vehicle information such as photos, features, specifications, special offers, etc. As a result, it is possible for errors to occur including but not limited to human error, technical error, typographical errors, delays in data updating, etc. Upon notification, such errors and omissions will be promptly removed or fixed. Inaccurate prices and data errors and or omissions do not constitute valid prices and retail offers and we make no warranties to the accuracy of the information on this site. Prior to purchasing a vehicle, you should confirm directly with the dealership that all vehicle information that is crucial to your purchasing decision is accurate.
Choice of Law
You expressly agree that the laws of the State of Texas, without regard to its conflict of law provisions, govern this Agreement and the relationship between you and us. You and we agree this Agreement is to be performed in Collin County, Texas, and you submit to the personal and exclusive jurisdiction of the courts located within Collin County, Texas.
Incorporation by Reference and Entire PPTU
This PPTU incorporates by reference any other agreement with respect to use of our services and/or products between you and us to which (i) you have already agreed or (ii) we require you agree, whether or not such agreement is expressly incorporated elsewhere in this PPTU. You agree and acknowledge that this PPTU and the incorporated agreements constitute the entire agreement between you and us with respect to your use of our services and/or products, and is to be applied consistently with any such written agreement between you and us.
Other Miscellaneous Items
You agree and acknowledge our failure to exercise or enforce any right or provision of this PPTU will not constitute a waiver of such right or provision.
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
If you have questions or suggestions regarding this Agreement, you can contact us at:
The Company: ClickMotive LP
Attn: Privacy Department
1255 W 15th Street, Suite 900
Plano, Texas 75075-4214
Via Email: [email protected]
Via Phone: 214-291-9990
Changes to the PPTU
We reserve the right at any time at its sole discretion to add, modify or delete any portion of this PPTU. Your use of this website means that you accept any of these changes. Please read this PPTU carefully each time you visit this website.