Visitor Agreement

We are pleased that you have chosen to visit the FriendLee Auto's Pty Ltd. We strive every day to continue to be the best at what we do.

We provide our services and products, to you subject to the provisions of this Visitor Agreement. By using the FriendLee Auto's website and viewing our content you accept and agree to be bound by this Visitor Agreement and each of its provisions. This is a legally binding agreement between you and us, so please read it carefully.

License for Personal Use

We grant you a limited license and permission to access and make personal use of the FriendLee Auto's website but not to download any portion of it for any commercial purpose or to modify any portion of it, except with our written or e-mailed consent.

This license does include any resale or commercial use of any FriendLee Auto's content, any collection or use of any vehicle or other product listings, descriptions or prices, any collection or use of the editorial content or the content submitted by either our members or our other visitors,

any derivative use of the FriendLee Auto's website or its content, or any use of data mining, robots or similar data gathering or extraction tools or processes, and you agree not to do any of the foregoing.

Except as explicitly provided in this Visitor Agreement, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the FriendLee Auto's website for any commercial purpose.

You may display and occasionally print a single copy of pages of the FriendLee Auto's website for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the FriendLee Auto's website (other than your own "Visitor-Submitted Content," as described below) without our prior written or e-mailed consent. Requests for permission to reproduce or distribute materials found on the FriendLee Auto's website should be sent to admin@friendleeautos.com.au.

Any violation of the forgoing will terminate the permission and license granted by us to access and make use of the FriendLee Auto's website.

Visitor-Submitted Content

The friendLee Auto's website provides a number of means by which you may communicate with other visitors and with us.

You agree that your Visitor-Submitted Content intended for display on the FriendLee Auto's website will not include any content that is illegal, indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), threatening, defamatory, invasive of privacy or otherwise injurious to third parties, and that it will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Visitor-Submitted Content.

You may not submit Visitor-Submitted Content that infringes in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity. You may not submit Visitor-Submitted Content that contains personally identifiable information about other people, such as their phone number, street address or e-mail address, or information about other people that could result in an invasion of their privacy or their harassment.

We reserve the right to review all Visitor-Submitted Content and to remove, or to refuse to display, any Visitor-Submitted Content in our sole discretion and for any reason. However, we also reserve the right in our sole discretion to display any Visitor-Submitted Content that is submitted to us (or to decline to remove any Visitor-Submitted Content), even if it violates this Visitor Agreement. Once submitted by a visitor, Visitor-Submitted Content may not be revised or deleted by that visitor.

You agree that, by submitting any Visitor-Submitted Content to us, you are granting to us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display that Visitor-Submitted Content throughout the world for any purpose and in any media (including for advertising or other commercial use). You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your Visitor-Submitted Content. If we publish your Visitor-Submitted Content or authorize or license others to do so, your Visitor-Submitted Content may be edited for length or clarity or for any other reason eiher before or after it is published, and it may be attributed it to you and may include your name and city unless you expressly request that you remain anonymous.

You agree that you will not use or reproduce any Visitor-Submitted Content (other than your own) in any manner or in any media, including posting or republishing any such Visitor-Submitted Content on any other Web site.

Electronic Communications

When you visit the FriendLee Auto's website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the FriendLee Auto's forums. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or that you provide to us electronically satisfy any legal requirement that such communications be in writing.

Liability and Warranty Disclaimers

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FRIENDLEE AUTO'S WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE FRIENDLEE AUTO'S WEBSITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FRIENDLEE AUTO'S WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND THE OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FRIENDLEE AUTO'S WEBSITE ARE ACCURATE, RELIABLE OR CORRECT, THAT THE FRIENDLEE AUTO'S WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE FRIENDLEE AUTO'S WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE FRIENDLEE AUTO'S WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

All prices, incentives and rebate information, and other information displayed on the FriendLee Auto's website are gathered from sources and based on algorithms that are believed by us to be reliable, but no assurance can be given that this information is accurate, complete or current. We do not assume any responsibility for errors or omissions or warrant the accuracy of this information. Before purchasing any vehicle or other goods or services you read about on the FriendLee Auto's website, you should confirm with the yard or vendor any information (including the price and available incentives or rebates) that is important to your decision.

The FriendLee Auto's website links to many other Web sites not operated by us, While we encourage you to consult such sites, we are not responsible for the products or services those vendors provide and we do not guarantee or warrant the prices, terms, quality, reliability or performance of the products or services provided by those vendors.

We also provide links to Web sites operated by vehicle manufacturers, distributors and dealerships. We are not responsible for any of the content that appears on those sites, including any promotional contests or sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any sweepstakes or contest offer that may be promoted from time to time by other companies or that may be accessible through links from this Web site.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE COMPANIES WITH WHICH WE DO BUSINESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE FRIENDLEE AUTO'S WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Your FriendLee Auto's Account

If you have signed up for an Account on the FriendLee Auto's website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur in your Account.

Copyright Complaints

We respect the intellectual property of others. If you believe that your work has been copied — by us or by any third party on the FriendLee Auto's website — in a manner that constitutes copyright infringement, please provide our copyright Administrator the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest,
A description of the copyrighted work that you claim has been infringed upon,
A description of where the material that you claim is infringing is located on the FriendLee Auto's website, including the URL of the page on which it appears,
Your address, telephone number and e-mail address,
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law, and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Administrator for notice of claims of copyright infringement on the FriendLee Auto's website can be reached at:

FriendLee Auto's Pty Ltd.
Suite 8, 261 Queen Steet
Campbelltown, NSW, 2560
Fax: +61 2 4626 6635

Damages, Indemnification

You agree that you will be responsible for any damages resulting from any violation of this Visitor Agreement. You further agree to indemnify and hold FriendLee Auto's Pty Ltd., and its affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Visitor Agreement, or any violation of any law or the rights of any third party that occurs in connection with your use of the FriendLee Auto's website.

Choice of Law and Forum

This Visitor Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, excluding its conflicts of law rules. You agree that, unless expressly waived by us or we bring an action in a different jurisdiction, the exclusive jurisdiction for any claim or action arising out of or relating to this Visitor Agreement or your use of the FriendLee Auto's website shall be in the state or federal courts located in the County of Australia, State of New South Wales, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You also agree that in the event of any action to enforce or interpret this Visitor Agreement, the prevailing party shall be entitled to collect its reasonable attorney fees.

Modification and Severability

We reserve the right, in our sole discretion and at any time, to make changes to this Visitor Agreement and our other legal notices. Changes will be effective when made and the updated Visitor Agreement (or updated applicable notice) is posted on the FriendLee Auto's website, provided, however, that no such change shall be applicable to any dispute between you and us that arises prior to the time such change is effective. Accordingly, you should visit this page periodically to review its provisions. By continuing to use this Web site following our posting of such changes, you agree to be bound by this Visitor Agreement as modified. We may also change, restrict access to, suspend or discontinue the FriendLee Auto's website, or any portion of thereof, at any time.

If any of provision of this Visitor Agreement shall be deemed invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of this Visitor Agreement.

Revised September 30th, 2009

   




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