Introduction and Agreemen
Section titles in the TOS are for convenience only and have no legal or contractual effect.
This website (the "Site") Automixs.com and its subsidiaries and affiliates (''Automix'') is owned and operated by Automix Inc, a division of Classified Ventures, Inc ("Automixs.com"). These Terms of Service apply to the national version of the Site, located at www.Automixs.com as well as to any versions of the Site that Cars.com co-brands with its newspaper and broadcast affiliates and other distribution partners (collectively, "Affiliates"). You may have arrived at a co-branded version of the Site from an Affiliate's website, in which case, that Affiliate will be identified at the top of this page. By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Service. Click here to review the Site's
Automixs.com Is Also an Advertising and Research Service
Automixs.com also operates the Site as an online advertising and research service for car buyers, sellers and enthusiasts. Automixs.com does not sell vehicles for any advertiser directly and is never a party to any transaction between buyers and sellers. As a result, Automixs.com does not (a) guarantee or ensure any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any vehicles.
Dealer and Manufacturer Incentives and Offers
Advertisers on Automixs.com may include information about special offers, incentives, or pricing programs associated with a specific brand, model, or vehicle ("Offers"). Automixs.com is not responsible for the content of any such Offers, nor responsible for any errors or omissions in Offer contents or descriptions. Users of the site should contact the relevant advertiser for full details on any such Offers, including eligibility requirements, limitations and restrictions, and availability.
1. ACCEPTANCE OF TERMS
Automixs.com and its subsidiaries and affiliates ("Automix"), provides its Internet products, services, and content
to you ("Service") subject to the following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. In addition, when using particular Automix services, you shall be
subject to any posted guidelines, rules, Terms and Conditions, and/or policies and procedures
applicable to such services which may be posted from time to time. All such items are hereby
incorporated by reference into the TOS.
2. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you complete the Service's registration process, you will receive a username and password linked to
your account with Automix. You are responsible for maintaining the confidentiality of the username and
password, and are fully responsible for all activities that occur under your username, password, or on
your account. You agree to (a) immediately notify Automix of any unauthorized use of your username and
password or account or any other breach of security, and (b) ensure that you exit from your account at
the end of each session. Automix cannot and will not be liable for any loss or damage arising from your
failure to comply with this section.
3. MODIFICATIONS TO SERVICE
Automix reserves the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You agree that Automix shall not be
liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Automix, in its sole discretion, may terminate your password, account (or any part thereof)
or use of the Service, and remove and discard any content within the Service, for any reason, including,
without limitation, for lack of use, or if Automix believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. You acknowledge and agree that Automix may immediately deactivate or
delete your account and all related information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that Automix shall not be liable to you or any third-party for
any termination of your access to the Service.
5. AUTOMIX'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the
Service ("Software") contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that content presented to you
through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Automix, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. AUTOMIX 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 AND NON-INFRINGEMENT.
b. AUTOMIX MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE OR
CURRENT (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUTOMIX,
OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
e. NEITHER AUTOMIX NOR ANY INTERNET ACCESS PROVIDERS ARE RESPONSIBLE FOR INCORRECT
OR INACCURATE ENTRY OF INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTIONS,
LOST/DELAYED DATA TRANSMISSION, OMISSION, INTERRUPTION, DELETION, DEFECT,
FAILURES OF ANY TELEPHONE NETWORK, COMPUTER EQUIPMENT, SOFTWARE OF ANY
COMBINATION THEREOF, OR INABILITY TO ACCESS THE AUTOMIX WEB SITE.
7. LIMITATION OF LIABILITY
IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT
YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS,
INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES
PROVIDED AT THIS SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUTOMIX SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF BUSINESS, OR OTHER
INTANGIBLE LOSSES (EVEN IF AUTOMIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTERS RELATING TO THE SERVICE.
8. GENERAL INFORMATION
The TOS and the relationship between you and Automix shall be governed by the laws of the State of
Florida without regard to its conflict of law provisions. You and Automix agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of Pinellas, in the state of Florida. The
failure of Automix to exercise or enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the TOS remain in full force and
effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.