Autoniq, LLC Terms of Service

By using the Autoniq web site, the Autoniq subscription and any related Autoniq products and services ("Service") of Autoniq, LLC ("Autoniq"), you ("Subscriber") are acknowledging and agreeing to be bound by the following terms and conditions ("Terms of Service").

Autoniq reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://autoniq.com/terms.html

Violation of any of the terms below results in the immediate termination of your Service. You agree to use the Service at your own risk.

Account Terms

  1. You must be 18 years or older to use this Service.
  2. You must be a human. Services registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login to theService may only be used by one person. A single Service shared by multiple people is not permitted.
  5. You are responsible for maintaining the security of your Service login and password. Autoniq, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all content posted and activity that occurs under your Service.
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit or debit card is required for paying for theService. Checks are only accepted for a full year, non-refundable service period. In this event, service activation occurs after the funds have been successfully received and deposited.
  2. The Service automatically renews to the credit or debit card on file in advance on a monthly basis and is non-refundable. No refunds or credits will be issued for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an active Service.
  3. In the event you cancel the Service within the first ten (10) calendar days (the "Trial Period") of your initial service, you will be issued a refund. Each individual is eligible for one (1) Trial Period refund. This refund will be issued within 45 business days of Service cancellation. To treat everyone equally, no exceptions will be made.
  4. Any changes to your Service take place immediately. Your credit card on file is automatically charged the new rate on your next billing cycle.
  5. All fees are exclusive of all city, state and federal taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  6. Downgrading your Service may cause the loss of Content, features, or capacity of your Service. Autoniq, LLC does not accept any liability for such loss.

Cancellation and Termination

  1. You are solely responsible for properly canceling your Service via the Autoniq web site. An email or phone request to cancel your Service is not considered cancellation. You can cancel your Service at any time by clicking on the My Account link in the global navigation bar at the top of the screen. The My Account screen provides a simple no questions asked cancellation link.
  2. All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your Service is cancelled.
  3. If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again. No refunds will be issued for partial month's service.
  4. Autoniq has a zero tolerance policy for chargebacks. Any customer disputing a credit card payment results in an immediate suspension of the Autoniq account. A $25 reactivation fee will be assessed for each credit card chargeback to Autoniq.
  5. Autoniq, LLC, in its sole discretion, has the right to suspend or terminate your Service and refuse any and all current or future use of the Service, or any other Autoniq service, for any reason at any time without notice. Such termination of the Service will result in the deactivation or deletion of your Service or your access to your Service, and the forfeiture and relinquishment of all content in your Service. Autoniq, LLC reserves the right to refuse service to anyone for any reason at any time.
  6. Cancellation, suspension or termination of your Service does not terminate this Terms of Service.

Modifications to the Service and Prices

  1. Autoniq, LLC 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.
  2. Prices of all Services, including but not limited to monthly Service plan fees to the Service, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Autoniq website (www.Autoniq.com) or the Service itself.
  3. Autoniq, LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. Autoniq claims all intellectual property rights and copyright rights for material on the service or posted to the service unless said material is copyrighted by a Third Party Service.
  2. Your profile and Subscriptions to other third party services remain yours and you are responsible to comply with any Terms of Service, Copyright,Content Ownership, Content Usage or other rights of third party services to which you have linked from the Service.
  3. You are responsible for all third party fees and costs such as CARFAX, AutoCheck or other vehicle history reporting fees resulting from use of this service. Autoniq is providing mobile access to your existing account with those services. CARFAX or AutoCheck will charge you for any vehicle history reports run through your Autoniq subscription in conjunction with your terms and conditions with those services.
  4. Autoniq does not pre-screen content, but Autoniq and its designee have the right, but not the obligation, in their sole discretion to refuse or remove any links or content that is available via the Service.
  5. Title, ownership and all patent, copyright, trademark and other intellectual property rights in and to Autoniq and the Service belong to Autoniq LLC and/or its partners and suppliers. You agree to abide by the intellectual property law and all other applicable state, federal and international law.
  6. © 2013 by Autoniq LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Autoniq.

Kelley Blue Book Copyright

© 2010 by Kelley Blue Book Co., Inc. All Rights Reserved. Kelley Blue Book® is a registered trademark of Kelley Blue Book Co., Inc. Vehicle valuations are opinions and may vary from vehicle to vehicle. Actual valuations will vary based upon market conditions, specifications, vehicle condition or other particular circumstances pertinent to this particular vehicle or the transaction or the parties to the transaction. This pricing is intended for the use of the individual generating this pricing only and shall not be sold or transmitted to another party. Kelley Blue Book assumes no responsibility for errors or omissions.

Black Book Copyright

Copyright© 2008 Hearst Business Media Corp. ALL RIGHTS RESERVED. Black Book® is a registered trademark of Hearst Business Media Corporation. REPRODUCTION OF THE TRADE NAME AND OR CONTENTS OF THE DATABASE IN WHOLE OR IN PART, IN ANY FORM BY ELECTRONIC OR MECHANICAL MEANS INCLUDING INFORMATION STORAGE AND RETRIEVAL SYSTEMS IS STRICTLY PROHIBITED. THE DATABASE IS PROVIDED "AS IS" AND LICENSOR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF THE DATA FROM WHICH THE DATABASE IS COMPILED OR THAT THE DATABASE IS FREE FROM ERRORS AND OMISSIONS, AND THE MERCHANTABILITY AND FITNESS OF THE DATABASE FOR A PARTICULAR PURPOSE OR USE OR THE PERFORMANCE OR RESULTS OBTAINED BY USING THE DATABASE. NATIONAL AUTO RESEARCH HAS BEEN DILIGENT IN PROVIDING ACCURATE AND COMPLETE INFORMATION, HOWEVER, THE DATABASE IS PROVIDED "AS IS" AND NATIONAL AUTO RESEARCH PROVIDES NO WARRANTIES EXPRESS OR IMPLIED.

Black Book Terms of Service

Autoniq hereby grants Subscriber a personal, non-transferable and non-exclusive limited license to use the field based application software program (the "Program") consisting of a compilation of certain modules of the Program combined with National Auto Research Division, Hearst Business Media Corporation's ("NAR") proprietary database consisting of fifteen model years of information relating to the vehicle identification number, model year, make, model, series and body style, universal vehicle code, engine descriptions, extra clean, clean, average and rough retail value, Finance Advance, MSRP and extra clean, clean, average and rough wholesale United States pricing information for used cars, vans and light trucks, optional equipment and value adjustments for region and mileage (the "Database") and further grants Subscriber a personal, nontransferable and nonexclusive limited sublicense to use the Database within the Program under a license granted by NAR to Autoniq. NAR is a third party beneficiary under this Agreement and may enforce its rights hereunder directly against Subscriber, which shall be governed by the laws of the State of New York without giving effect to any principles of conflict of laws and subject to the jurisdiction and venue of the State and Federal courts located in New York.
Subscriber is only authorized to use the Database within the Program on a single web browsing unit (the "Product") to retrieve vehicle values for the benefit of its internal buying and selling needs without the ability to download the Database, in whole or in part, other than the individual vehicle. Subscriber shall not download the Database, in whole or in part to any other Product whatsoever without first obtaining a licensing right from Autoniq and NAR.
Subscriber agrees that NAR owns all rights, title and interest in and to the Database, and any derivative works thereof, including but not limited to all literary property rights, copyrights, trademarks, trade secrets, trade names or service marks, including goodwill and all rights, title and that all rights, title and interest shall remain with NAR and use of the Database by Subscriber or any information therein by any person or firm other than Subscriber or its employees (on a need to know basis) is prohibited by NAR. Subscriber shall keep confidential the Database or any information therein and use its best efforts to prevent and protect the contents of the Database from unauthorized disclosure, copying or use. The Database is protected by U.S. copyright and Black Book® is a registered trademark of NAR with the U.S. Patent and Trademark Office, registration number 767893.
ALTHOUGH NAR MAY COMPILE THE DATABASE CONTAINED WITHIN THE PROGRAM, NAR DOES NOT WARRANT THE PROGRAM OR THE CONTENTS THEREIN. THEREFORE, THE DATABASE IS PROVIDED "AS IS" AND NAR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF THE DATA FROM WHICH THE DATABASE IS COMPILED, THAT THE DATABASE IS FREE FROM ERRORS AND OMISSIONS, THE MERCHANTABILITY AND FITNESS OF THE DATABASE FOR A PARTICULAR PURPOSE, OR USE, OR PERFORMANCE OR RESULTS OBTAINED BY USING THE DATABASE WITHIN THE PROGRAM. UNDER NO CIRCUMSTANCES SHALL NAR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR CHARACTER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, ALL OTHER COMMERCIAL DAMAGES OR LOSSES IN CONNECTION WITH THE DATABASE. NAR EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE AUTONIQ PROGRAM, AND SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT THERETO.
Subscriber's obligations concerning misuse and confidentiality of the Database and NAR's right of action or claim against Subscriber for any breach thereof shall survive the termination of this Agreement.
Failure of NAR at any time or times to enforce its rights under this Agreement shall in no manner affect its rights at a later time to enforce the same."

Third Party Internet Web Sites

The Company may from time to time provide links and pointers to Internet sites maintained by affiliates of the Company or other third parties ("Third Party Sites") and may from time to time provide third party material on this web site. These Third Party Sites and third party materials are provided as a convenience only. The Company has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and the Company is not responsible for any information provided at any Third Party Sites. The Company makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that the Company has provided a link to any Third Party Site on this Web Site does not constitute an endorsement, authorization, sponsorship or affiliation by the Company with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. The Company expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third Party Sites.

General Conditions

  1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
  2. Technical support is only provided to paying account holders and is only available via email or, at our sole discretion, phone.
  3. You understand that Autoniq uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Autoniq, or any other Autoniq service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Autoniq.
  6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Autoniq customer, employee, member, or officer will result in immediate account termination.
  7. You understand that the technical processing and transmission of the Service, including your content and links to other services, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  8. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Autoniq) of other Autoniq customers, we reserve the right to immediately disable your account or throttle your bandwidth until you can reduce your bandwidth consumption.
  11. Autoniq does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (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.
  12. You expressly understand and agree that Autoniq 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 or other intangible losses (even if Autoniq 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; (iv) statements or conduct of any third party on the service; (v) violation of the terms of service, copyright, or other rights of third party services you may link to with your account, (vi) or any other matter relating to the service.
  13. You agree to indemnify, hold harmless and defend Autoniq, its contractors, its licensors, and their respective directors, officers, employees and agents, at your expense, from and against any and all third-party claims, actions, proceedings, and suits and expenses, including attorneys' fees, arising from your use of Autoniq, its products and services, and the Autoniq website, including but not limited to your violation of this Terms of Service.
  14. The failure of Autoniq to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Autoniq and govern your use of the Service, superseding any prior agreements between you and Autoniq (including, but not limited to, any prior versions of the Terms of Service or any verbal or oral commitments).
  15. Questions about the Terms of Service should be sent via email to support@autoniq.com