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TERMS AND CONDITIONS OF USE OF WEBSITE

The Website, together with the underlying source HTML files or other code that implement the features of this Website (hereafter referred to as the "Site") is an information service provided to you by Mitchell Repair Information Company LLC, P.O. Box 509044, San Diego, CA 92150-9044 (hereinafter “Mitchell 1”).

YOUR USE OF THE SERVICES AND THE INFORMATION AVAILABLE THROUGH THE SITE IS SUBJECT TO THE MITCHELL 1 END USER LICENSE AGREEMENT TERMS AND CONDITION THAT YOU OR YOUR EMPLOYER SIGNED ADN/OR AGREED TO UPON ONLINE PURCHASE AND WHICH MAY BE FOUND AT THE FOLLOWING LINK AND UPON THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM YOU SHOULD NOT USE THE SITE.

1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE OF MATERIALS

1.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the content in this Site belongs to Mitchell 1. In addition, the names, images, pictures, logos and icons identifying Mitchell 1's products and services in many countries are proprietary marks of Mitchell 1 and/or its subsidiaries or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

1.2 You are hereby granted a nonexclusive, nontransferable, limited license to view, reproduce, print, and distribute insignificant portions of materials retrieved from this Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Site, including but not limited to materials retrieved therefrom and the underlying code, may be collected, reproduced, used, displayed, modified, sold, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission from Mitchell 1. Portions of this Site, including compilations (meaning the collection, arrangement and assembly) of the content on this Site, is the exclusive property of Mitchell 1 and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not remove any copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. The use of Mitchell 1 content on any other web site or in a networked computer environment for any purpose is prohibited without express written permission from Mitchell 1. You shall not copy or adapt the HTML or other code that Mitchell 1 creates to generate its pages as it is also protected by Mitchell 1’s copyright.

1.3 You may not (i) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense the Site or any content therein, or create derivative works from the Site or the content contained herein; (ii) use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users; or (iii) use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content.

2. LINKS

2.1 You may not provide links to any page of this Site from any other website.

2.2 This Site may contain links to third party Websites. Your use of these Websites is at your own risk as Mitchell 1 does not control and is not responsible for the content of the third party sites and does not make any representations regarding the accuracy of the content on such third party Websites. These links are provided solely as a convenience to you and not as an endorsement by Mitchell 1 of the content on such third party Web sites.

3. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Notification of alleged copyright infringement should be sent to Mitchell 1’s Designated Agent Pursuant to Title 17, United States Code, Section 512(c)(2). MITCHELL 1 WILL RESPOND TO ALL INQUIRIES RELEVANT TO THE FOLLOWING PROCEDURE. See Notice and Procedure for Making Claims of Copyright Infringement.

4. DISCLAIMER

4.1 THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. MITCHELL 1 MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, GOODS, SERVICES, AND LINKS AVAILABLE ON AND THROUGH THE SITE. MITCHELL 1 DOES NOT WARRANT THAT THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. MITCHELL 1 IS NOT RESPONSIBLE FOR DAMAGE TO YOUR EQUIPMENT OR DATA CAUSED BY YOUR USE OF THIS SITE. MITCHELL 1 EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. Mitchell 1 may correct or update the Site at any time.

4.2 Mitchell 1 disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this Site and its content, including but not limited to technical inaccuracies and typographical errors, (b) any third party web sites or content therein directly or indirectly accessed through hot links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.

5. LIMITATION OF LIABILITY

A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. "Covered Party" means Mitchell 1, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Mitchell 1 or its affiliates.

6. USER POSTED CONTENT

6.1 Users of this Site may be provided the right to post content to this Site (“User Posted Content”). Mitchell 1 does not screen or censor User Posted Content and, as a result, Mitchell 1 has no control over the nature, authenticity or accuracy of User Posted Content.

6.2 You acknowledge and agree that you are solely responsible for the content, form and accuracy of any User Posted Content placed by you on the Site. You agree that you will not post content that is owned by any other person, particularly information that is subject to copyright, nor will you post content that is profane, derogatory or defamatory.

6.3 Because we are not involved in your dealings with other users of this Site or your use of User Posted Content, if you have a dispute with one or more users or have been damaged in any manner by User
Posted Content, you release Mitchell 1, its officers, agents and employees from all direct and indirect claims, demands and damages of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes or User Posted Content. California residents hereby waive California Civil Code, Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

6.4 By uploading content to or submitting any materials for use on the Site, you grant (or warrant that the owner of such rights has expressly granted) Mitchell 1 a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed.

7. CHANGES TO SITE AND THESE TERMS AND CONDITIONS

This Site and these Terms and Conditions may be changed by Mitchell 1 with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.

8. TERMINATION OF USE

Mitchell 1 reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deleting your postings from this Site and terminating your access to the Site and/or any other service provided to you by Mitchell 1, upon any breach by you of these Terms and Conditions or if Mitchell 1 is unable to verify or authenticate any information you submit to the Site.

9. APPLICABLE LAW; ARBITRATION

Access to and use of this Site is governed by U.S. federal law and/or the laws of the State of California, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted only in a state or federal court located in the State of California, U.S.A. and, in the case of arbitration the arbitration shall take place in California according to the procedure set forth below. You and Mitchell 1 agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Any claim, controversy or dispute between you and MITCHELL 1 concerning this Site or its use shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek provisional remedies from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party's right to compel arbitration.

10. ENTIRE AGREEMENT; SEVERABILITY

These Terms and Conditions incorporate by reference any legal notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of
these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.


NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Written notification must be submitted to the following Designated Agent:

Service Provider(s): Mitchell1
Name of Agent Designated to Receive Notification of Claimed Infringement: OnDemand Live Administrator
Full Address of Designated Agent to Which Notification Should be Sent: 14145 Danielson St, Poway, CA 92064
Telephone Number of Designated Agent: Please use email.
Facsimile Number of Designated Agent: Please use email.
Email Address of Designated Agent: od5admin@mitchell1.com

To be effective, the Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:

1. Service Provider shall remove or disable access to the material that is alleged to be infringing;

2. Service Provider shall forward the written notification to such alleged infringer ("Subscriber");

3. Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

Counter Notification:

To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:

1. A physical or electronic signature of the Subscriber;

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

1. Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification;

2. Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;

3. Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.

  

Updated February 4, 2011.