|
smart car midwest & Windy City smart car (dba smartcarmidwest.com)
is an independent distributor of the US-converted smart™
fortwo and is not affiliated with smart GmbH™ or Mercedes-Benz™,
which are wholly owned by DaimlerChrysler AG™.
Disclaimer. All advertised vehicles are subject
to actual seller availability. Certain vehicles listed may
not be available, or may have different prices. Prices exclude
state tax, license, document preparation fee, and finance
charges, if applicable. Vehicle option and pricing are subject
to change. Information provided is believed accurate but
specifications, pricing, and availability must be confirmed
in writing with the seller to be binding. Smart car midwest
is not responsible for any inaccuracies contained herein
and by using this site you the customer acknowledge the
foregoing and accept such terms.
Use of Site.
Smart car midwest ("Smart car midwest") authorizes
you to view and download materials ("Materials")
at this web site ("Site") only for your personal,
non-commercial use, provided that you retain all copyright
and other proprietary notices contained in the original
Materials in any copies of the Materials. The copyright
in the Materials is held by Smart car midwest or the original
creator of the material. You may not modify the Materials
at this Site in any way or reproduce or publicly display,
perform or distribute or otherwise use them for any public
or commercial purpose, in any form or by any means, including,
without limitation, electronic, mechanical, photocopying,
recording, or otherwise, without the written permission
of Smart car midwest or the copyright owner. For purposes
of these Terms, any use of these Materials on any other
web site or networked computer environment for any purpose
is prohibited. The Materials are copyrighted and any unauthorized
use of any Materials may violate copyright, trademark, and
other laws. If you breach any of these Terms, your authorization
to use this Site automatically terminates and you must immediately
destroy any downloaded or printed Materials.
Password and User Name.
Access to some content accessible from this Site is password
controlled. By registering for an account, a password and
the right to use the protection portions of this Site, you
are certifying that you are an authorized representative
of your company with the right to bind your company to these
Terms (and any additional terms required for access to password
controlled content) and that the user name and password
are unique to you and/or your company. You are solely responsible
for maintaining the confidentiality of your user name and
password. You are advised that you could be held liable
for losses incurred by Smart car midwest as a result of
the misuse of your user name, password or account.
Use of Software.
There are inherent dangers in the use of any software available
for downloading on the Internet, and Smart car midwest cautions
you to make sure you completely understand the potential
risks before you download any software (such as potential
infection of your system by computer viruses). If you down-load
software from the Site ("Software"), use of the
Software is subject to the license terms in the software
license agreement ("License Agreement") that accompanies
or is provided with the Software. You may not download or
install the Software until you have read and accepted the
terms of the applicable License Agreement. You are solely
responsible for adequate protection and backup of your data
and equipment and you assume all risks associated with any
Software you may download.
WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
IN ACCORDANCE WITH THE APPLICABLE LICENSE AGREEMENT. EXCEPT
AS SPECIFCALLY WARRANTED IN THE LICENSE AGREEMENT, SMART
CAR MIDWEST HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT WILL
SMART CAR MIDWEST AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE
OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL
OR BUSINESS INTERRUPTION) EVEN IF SMART CAR MIDWEST HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User Submissions.
Smart car midwest does not want to receive confidential
or proprietary information from you from this Site. Other
than personally identifiable information (which is covered
under the Smart car midwest Privacy Statement), any material,
information or other communication that you transmit or
post to this Site ("User Communications") will
be considered non-confidential and non-proprietary. Smart
car midwest will have no obligations whatsoever with respect
to the User Communications. Smart car midwest and its designees
will be free to copy, disclose, display, distribute, modify,
incorporate, and otherwise use the User Communications and
all data, images, sounds, text, and other things embodied
therein, without any obligation to any party whatsoever,
for any and all commercial or non-commercial purposes. Moreover,
by sending Smart car midwest the User Communications, you
also agree that Smart car midwest is free to use any ideas,
concepts, know-how, or techniques for any purpose. You are
prohibited from posting or transmitting to or from this
Site any unlawful, threatening, libelous, defamatory, obscene,
pornographic, or other material that would violate any law
or regulation.
User Chat Rooms.
Smart car midwest may, but is not obligated to, monitor
or review any areas of the Site where users transmit or
post User Communications or communicate solely with each
other, including, without limitation, to chat rooms, bulletin
boards or other user forums, and the content of any such
User Communications. Smart car midwest, however, will have
no liability or obligations whatsoever related to the content
of any such User Communications, whether or not arising
under the laws of copyright, libel, privacy, obscenity,
or otherwise. Smart car midwest retains the right to remove
messages that include any material deemed abusive, defamatory,
obscene or otherwise unacceptable.
Links to Other Web Sites.
Links to third party web sites from this Site are provided
solely as a convenience to you. If you use these links,
you will leave this Site. Smart car midwest has not reviewed
all of these sites or their content. Thus, Smart car midwest
does not endorse or make any representations about them,
or any information, software or other products or materials
found there, or any results that may be obtained from using
them. If you decide to access any of the third party sites
linked to this Site, you do so entirely at your own risk.
Disclaimer.
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED
"AS IS" WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER.
IN PARTICULAR, SMART CAR MIDWEST DISCLAIMS ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS.
Smart car midwest further does not warrant the quality,
validity, accuracy or completeness of the Materials or services
at this Site ("Services") or that the functions
contained on the Site will be uninterrupted of error-free,
or that defects or inaccuracies will be corrected. Smart
car midwest may make changes to the Materials or Services,
or to the products, specifications or prices described in
them, at any time without notice. The Materials and Services
may be out of date, and Smart car midwest makes no commitment
to update the Materials and Services at this Site or to
make any notification of changes. Information published
at this Site may refer to products, programs or services
that are not available in your country. Please consult your
local Smart car midwest distributor or reseller for information
concerning the products, programs and services that may
be available to you. Applicable law may not allow the exclusion
of implied warranties, so the above exclusion may not apply
to you.
Limitation of Liability.
IN NO EVENT WILL SMART CAR MIDWEST, ITS SUPPLIERS, OR ANY
THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE,
OR THE RESULTS ANY USE OF THIS SITE, OR THE MATERIALS OR
INFORMATION OR SERVICES CONTAINED OR ACCESSIBLE FROM THIS
SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION
OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL
COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
U.S. Government Restricted Rights.
Government users will receive no greater than Restricted
Rights as defined in FAR 52.227-19 (c)(1-2)(June 1987).
Government users will receive no greater Limited Rights
as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015(b)(2)(November
1995), as applicable in any technical data at this Site.
Applicable Laws.
This Site is administered by Smart car midwest from its
offices in Palatine, Illinois. Smart car midwest makes no
representation that the Materials or Services are appropriate
or available for use outside of the United States, and access
to them from territories where their contents are illegal
is prohibited. You may not use or export or re-export the
Materials or Services at this Site or any copy or adaptation
in violation of any applicable laws or regulations including,
without limitation, U.S. export control laws and regulations.
If you choose to access this Site from outside the United
States, you do so at your own initiative and are responsible
for compliance with applicable laws. These Terms will be
governed by and construed in accordance with the laws of
the Illinois, without giving effect to any of its principles
of conflicts of laws.
General.
These Terms represent the entire agreement relating to the
use of this Site. Smart car midwest's failure to enforce
any right or provision of these Terms does not constitute
a waiver of that right or provision. Smart car midwest may
revise these Terms at any time by updating this posting.
You should visit this page from time to time to review the
then-current Terms because they are binding upon you and
your use of the Site. Certain provisions of these Terms
may be superseded by expressly designated legal notices
or terms located on particular pages of this Site. Smart
car midwest may, its sole discretion, terminate or suspend
your access to all or part of the Site for any reason, including,
without limitation, breach of these Terms. These Terms shall
be exclusively interpreted in accordance with the English
language with the meaning of its terms. Should a translation
of these Terms deviate from the English language version,
only the English language version shall apply and be binding.
The information contained in this Site is subject to change
without notice.
Copyright © 2006 Smart car midwest. All
rights reserved. Smart car midwest, 664 E. Northwest Highway,
Palatine, IL 60074
|