Visitor's Agreement

DealerNet(tm) Conditions Of Use

VISITOR AGREEMENT. This DealerNet website is offered to the visitor conditioned on the visitor's acceptance without modification of the terms, conditions, and notices contained herein. By accessing and using this DealerNet website, the visitor is deemed to have agreed to all such terms, conditions, and notices.

COPYRIGHT NOTICE. All contents of this DealerNet website are Copyright © 1998 The Cobalt Group Inc., Seattle, Washington. All rights not expressly granted herein are reserved to The Cobalt Group, Inc.

TRADEMARKS. DealerNet^(tm) is a trademark of The Cobalt Group, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.

RESTRICTIONS ON USE. This DealerNet website is owned and operated by The Cobalt Group, Inc. ("Cobalt"). All materials published on DealerNet, including, but not limited to product descriptions, photographs, images, illustrations, pricing information, reviews and video clips, ("Information") are protected by copyright, and owned or controlled by Cobalt or its third-party providers. Permission to use the Information available from this DealerNet website is granted, provided that (1) the above copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of Information available from this DealerNet website is for informational and non-commercial or personal use only, and (3) no Information available from this DealerNet website is modified in any way. Except for these specified uses, no part of the Information available from this DealerNet website may be copied, photocopied, reproduced, republished, licensed, distributed, performed, displayed, uploaded, posted, translated, in any way exploited, used to create derivative works, or reduced to any electronic medium or machine-readable form, in whole or in part, without the prior written consent of Cobalt or its third-party providers.

Any distribution for commercial purposes is strictly prohibited.

SOFTWARE LICENSES. Visitor shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to visitor to access the Information and services provided on DealerNet ("Access Software"). Visitor may not sublicense, assign or transfer any licenses granted by Cobalt and any attempt at such sublicense, assignment or transfer is void. Visitor may copy such software for archival purposes only. Visitor may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

DISCLAIMER. COBALT AND ITS PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES OR INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH SERVICES AND INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. COBALT HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SERVICES AND INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. COBALT DOES NOT WARRANT THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY. Under no circumstances shall Cobalt or its third-party providers be liable for any direct, indirect, incidental, punitive, special or consequential damages (including without limitation, attorneys' fees), whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, Information available on this DealerNet website. If visitors are dissatisfied with any DealerNet Information or other materials, or with any of the terms and conditions contained in this DealerNet website, the sole and exclusive remedy is to discontinue using DealerNet. If Cobalt or any of its third-party providers are found liable in connection with a claim arising out of or related to the services or the Information, their aggregate liability in such an event shall not exceed the amount of the fees paid by you for use of the service during the month in which the event giving rise to the liability occurred. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from Cobalt or its third-party providers. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.

ACCURACY OF INFORMATION. The MSRP and invoice prices provided in this DealerNet website are believed to be accurate, but Cobalt and its third-party providers do not warrant or guarantee such accuracy. Furthermore, Cobalt does not represent or endorse the accuracy or reliability of any of the Information displayed, uploaded, or distributed through this DealerNet website. Visitors acknowledge that any reliance upon any such Information shall be at their sole risk. Cobalt reserves the right, in its sole discretion, to correct any error or omissions in any portion of the DealerNet website. The Information published on this DealerNet website could include technical inaccuracies or typographical errors. Changes are periodically added to the Information herein. Cobalt may make improvements and/or changes in the Information and/or the services described herein at any time.

All vehicles are subject to prior sales.

LINKS TO THIRD PARTY SITES. This DealerNet website may contain hyperlinks to websites operated by parties other than Cobalt. Such hyperlinks are provided for your reference only. Cobalt does not control such websites, and is not responsible for their contents or accessibility.

MODIFICATION OF THESE TERMS AND CONDITIONS. Cobalt reserves the right to change this agreement at any time by revising the terms and conditions herein. Visitors are responsible for regularly reviewing these terms and conditions. Continued use of this DealerNet website following any such changes shall constitute the visitor's acceptance of such changes.

GENERAL. This agreement is governed by the laws of the State of Washington, U.S.A. Visitor consents to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of this DealerNet website. Use of this DealerNet website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This agreement constitutes the entire agreement between the visitor and Cobalt with respect to this DealerNet website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the visitor and Cobalt with respect to this DealerNet website. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.