Terms Of Use


  1. INTRODUCTION AND OVERVIEW
  2. DESCRIPTION OF SERVICES
  3. ACCESS TO AUTOMOTIVESALESCOLLEGE.NET
  4. CONTENT
  5. TERMINATION
  6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
  7. LINKS
  8. TRADEMARK AND LOGO POLICY
  9. TRADEMARK NOTICE
  10. INDEMNITY
  11. NO AGENCY OR PARTNERSHIP
  12. GENERAL
  13. SURVIVAL OF TERMINATION
  14. BILLING AND REFUND POLICY

TERMS OF USE This Terms of Use Agreement should be read together with the Company’s Privacy Policy, which forms a part of this policy. Since AutomotiveSalesCollege.net reserves the right in its sole discretion to modify this Terms of Use Agreement at anytime, we encourage you to refer to this policy and the Privacy Policy on a frequent basis so that you understand our policies then in effect.

  1. INTRODUCTION AND OVERVIEW

    Please read and review carefully these terms, conditions and notices (the "Agreement"), which govern use of AutomotiveSalesCollege.net’s website. Your use of the Site and any of the services offered constitutes your binding consent to all such terms, conditions, and notices. The Agreement enables the licencee of the Site, ASC Recruiting and Training (hereinafter "AutomotiveSalesCollege.net"), to offer our services.

    As used in this Agreement, "you" means the natural person who is interacting with the Site’s registration process and clicks "I have read and I agree to Terms of Use" or the person who is browsing this Site as an unregistered user. When you check the box beside "I have read and I agree to Terms of Use" on the company or student registration page, you are entering into a legal contract with AutomotiveSalesCollege.net in which you agree (and, if you are a teacher, student, media specialist or other authorized school representative, company representative entering this Agreement on behalf of your school, institution, company or government, or other organization, herein referred to as “the organization”, the organization also agrees) to abide by this Agreement in all respects and to become a "Registered User". If you do not agree to be bound by this Agreement, you are prohibited from registering for or using any services of the Site.

    This Agreement applies to all uses of the Site, including, but not limited to the following: using lessons, instruction pages, or online courses offered on the Site (the "Services"). The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in this Agreement.

  2. DESCRIPTION OF SERVICES

    AutomotiveSalesCollege.net provides automotive sales professional courses for individuals who wish to work in the automotive industry. The courses are delivered in the AutomotiveSalesCollege.net virtual classroom. In addition, AutomotiveSalesCollege.net provides recruitment and training services to car dealerships.

  3. ACCESS TO AUTOMOTIVESALESCOLLEGE.NET

    AutomotiveSalesCollege.net grants you a limited non-transferable right to access the paid and non-subscription areas. However, you are responsible or providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and accessing AutomotiveSalesCollege.net and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing AutomotiveSalesCollege.net and AutomotiveSalesCollege.net shall not be responsible for any of these charges or equipment. AutomotiveSalesCollege.net reserves the right to tle from AutomotiveSalesCollege.net or any software available for download from AutomotiveSalesCollege.net is owned by AutomotiveSalesCollege.net or other third party provider, and all copyright rights therein are reserved. You agree that you will not download or copy or install such software unless you first agree to the terms and conditions of any license agreement that accompanies, is included with, or in any way applies to the software.

  4. CONTENT

    You agree to access and use AutomotiveSalesCollege.net only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of AutomotiveSalesCollege.net including any interactive area. By accessing AutomotiveSalesCollege.net you agree that you will not: (i) post or use AutomotiveSalesCollege.net to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, province, federal or international law or regulation, including, but not limited to, export control laws and regulations; (ii) post or transmit any unlawful, infringing, threatening, libellous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable Content; (iii) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access AutomotiveSalesCollege.net; (iv) disrupt the normal flow of communication in any Interactive Area; (v) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; (vi) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users; (vii) infringe any third party's rights, including, without limitation, intellectual property rights such as trademark, service mark, copyright, and patent rights, as well as any publicity rights or privacy rights; (viii) be false, inaccurate or misleading; or (ix) otherwise create any liability on AutomotiveSalesCollege.net’s behalf. Notwithstanding any other provision of this Agreement, you agree that you will indemnify AutomotiveSalesCollege.net for any knowing or unknowing breach of this paragraph.

  5. TERMINATION

    The only right that you have with respect to dissatisfaction with any policies, guidelines, or practices of AutomotiveSalesCollege.net in operating AutomotiveSalesCollege.net or any content, is for you to discontinue accessing AutomotiveSalesCollege.net. AutomotiveSalesCollege.net in its sole discretion may terminate or temporarily suspend your access to all or any part of AutomotiveSalesCollege.net without notice, for conduct that AutomotiveSalesCollege.net believes is a violation of this Agreement or any policies or guidelines posted by AutomotiveSalesCollege.net, or for other conduct, which AutomotiveSalesCollege.net believes is harmful to other users. AutomotiveSalesCollege.net may discontinue operating AutomotiveSalesCollege.net and terminate this Agreement without notice at any time for any reason in its sole discretion.

  6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    You expressly agree that use of the Site and the Services is at your sole risk. Disclaimer of warranty applies in all provinces, states and jurisdictions in which such terms are valid and enforceable. AutomotiveSalesCollege.net is not responsible for any information or content contained within interactive areas and makes no representations about the suitability of the information contained in the interactive areas for any purpose or about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or correctness.

    You agree that your use of AutomotiveSalesCollege.net including any interactive areas is at your own risk, neither AutomotiveSalesCollege.net nor its officers, directors, employees, affiliates, or agents warrant that AutomotiveSalesCollege.net will not be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of AutomotiveSalesCollege.net or as to the accuracy, reliability, or content of AutomotiveSalesCollege.net.

    AutomotiveSalesCollege.net is provided on an "as is," "as available" basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

    In no event will AutomotiveSalesCollege.net or its directors, officers, employees, affiliates or agents be liable to you or any third party for any incidental, indirect, special or consequential damages (even if AutomotiveSalesCollege.net has been advised of the possibility of such damages), arising out of your use of or inability to use AutomotiveSalesCollege.net including without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to AutomotiveSalesCollege.net records, programs, or services. Because some provinces/states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such provinces/states AutomotiveSalesCollege.net liability is limited to the greatest extent permitted in this section.

    Under no circumstances, including, but not limited to, negligence, shall AutomotiveSalesCollege.net (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party agents), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the Site, the Site itself, or the Services. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that AutomotiveSalesCollege.net (any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) is not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event shall the total liability of AutomotiveSalesCollege.net (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees and agents)) to you exceed the amount paid by you to AutomotiveSalesCollege.net during the twelve (12) months prior to any claim of injury or damage.

    No Guarantee of Continuous Operation

    AutomotiveSalesCollege.net will use commercially reasonable efforts to maintain the security and operational integrity of the Site. However, numerous factors outside the control of AutomotiveSalesCollege.net may interfere with the operation of the Site; and accordingly, AutomotiveSalesCollege.net does not guarantee continuous, or uninterrupted access to the Services.

    Release from Liability

    You agree to release AutomotiveSalesCollege.net and its officers, directors and employees from any and all claims, demands and damages (whether actual and/or consequential) resulting from or associated in any way with any user-supplied content or postings.

    Right to Independent Action

    AutomotiveSalesCollege.net reserves the right, in its sole discretion, to take any independent action it concludes is necessary or desirable to protect the interests of AutomotiveSalesCollege.net and eliminate or mitigate any potential liability or injury to any party which may arise.

    No Waiver

    The failure of AutomotiveSalesCollege.net to enforce any terms of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

    Miscellaneous

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and AutomotiveSalesCollege.net as a result of this Agreement or your use of the Site. AutomotiveSalesCollege.net’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of AutomotiveSalesCollege.net’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AutomotiveSalesCollege.net with respect to such use. 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. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and AutomotiveSalesCollege.net with respect to the Site; and the Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AutomotiveSalesCollege.net with respect to the Site. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form shall 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.

  7. LINKS

    Some links on AutomotiveSalesCollege.net lead to sites posted by independent site owners. AutomotiveSalesCollege.net does not review independent sites or control their content, and merely provides these links to visitors for their convenience. Such sites, materials and resources are not under the control of AutomotiveSalesCollege.net and AutomotiveSalesCollege.net is not responsible for the contents thereof or any changes or updates thereto and cannot and does not continuously monitor such materials, and makes no representation or warranty as to the appropriateness of any such materials.

    These links are not an endorsement of products, services, or information provided by such sites. Further, the inclusion of these links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between AutomotiveSalesCollege.net and the linked sites. AutomotiveSalesCollege.net is an independent operating company and reference to other companies does not imply any partnership, joint venture, or other legal connection. AutomotiveSalesCollege.net shall not be responsible for the actions of the respective owners of these other sites.

    For any interested party, AutomotiveSalesCollege.net grants the right to create links to AutomotiveSalesCollege.net and exterior pages of the website, if such link(s) uses AutomotiveSalesCollege.net trademarks and/or logos in accordance with the below terms and conditions of the Trademark and Logo Policy.

  8. TRADEMARK AND LOGO POLICY

    AutomotiveSalesCollege.net trademarks and logos are the property of AutomotiveSalesCollege.net. License for their use is granted for the sole purpose of promoting AutomotiveSalesCollege.net and encouraging visits to our website. Licensees may not vary the spelling, add or delete hyphens, combine or separate words, abbreviate or alter in any way AutomotiveSalesCollege.net marks. Licensees shall not reproduce, use, or authorize the reproduction or use of AutomotiveSalesCollege.net’s marks in any manner other than expressly authorized by AutomotiveSalesCollege.net. AutomotiveSalesCollege.net marks may not be combined with those of another company. Any use of the AutomotiveSalesCollege.net marks that implies a relationship with or endorsement by AutomotiveSalesCollege.net is strictly prohibited. AutomotiveSalesCollege.net has the right to control the use of its marks, and you agree to comply with any and all reasonable requests in relation to the use of AutomotiveSalesCollege.net marks. The following statement must accompany the use of AutomotiveSalesCollege.net trademarks and logos: “is a registered trademark or trademark of AutomotiveSalesCollege.net.”

  9. TRADEMARK NOTICE

    AutomotiveSalesCollege.net’s trademarks and logos are owned by AutomotiveSalesCollege.net. All other trademarks and logos used on AutomotiveSalesCollege.net are the trademarks and logos of their respective owners.

  10. INDEMNITY

    You hereby agree to, at your own expense, indemnify, defend and hold AutomotiveSalesCollege.net harmless from and against any loss, cost, damages, liability, and/or expense arising out of or relating to the following: (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by user; (b) any fraud, manipulation, or other breach of this agreement by a user or users; and/or (c) any third-party claim, action or allegation brought against AutomotiveSalesCollege.net or related company arising out of or related to the use of AutomotiveSalesCollege.net. AutomotiveSalesCollege.net will have the right to participate in its defence and hire counsel of its choice, at your expense. User will not settle any action or claims on AutomotiveSalesCollege.net’s behalf without the prior written consent of AutomotiveSalesCollege.net.

  11. NO AGENCY OR PARTNERSHIP

    No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority of any kind to bind AutomotiveSalesCollege.net in any respect whatsoever. The parties are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any obligation on behalf of the other.

  12. GENERAL

    By using AutomotiveSalesCollege.net you agree to the above stated terms of use. This Agreement is entered into in the Province of Ontario and shall be construed in accordance with the laws of Ontario, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the province and federal courts having jurisdiction in the City of Newmarket in the Province of Ontario, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, if AutomotiveSalesCollege.net prevails, it will be entitled to costs and attorney fees. In the event that any provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly cancelled. AutomotiveSalesCollege.net may modify the terms of this Agreement by posting notice of such modifications on this page before the modification takes effect. You are bound by such revisions and should periodically visit this page to review the current Terms of Use.

  13. SURVIVAL OF TERMINATION

    Paragraphs 1-3 and 5-12 shall survive the termination or expiration of this Agreement.

    Copyright© 2009 – 2011 AutomotiveSalesCollege.net. All Rights Reserved. Terms of Use are strictly enforced.

  14. BILLING AND REFUND POLICY

    AutomotiveSalesCollege.net will bill your credit card for the training upon registration and acceptance of this agreement through a secured PayPal connection. The charge will appear from "ASC Recruiting and Training". Access to the course will automatically deactivate in 12 months from the date of purchase.

    Your right to use AutomotiveSalesCollege.net is subject to AutomotiveSalesCollege.net receiving payment. If payment is not received by AutomotiveSalesCollege.net for any reason, AutomotiveSalesCollege.net reserves the right to suspend or terminate your access.

    Cancellation by email to info@AutomotiveSalesCollege.net which includes the following information: “Cancel service for (full name of student(s)) at (full address used in account information)”. Alternatively you can call 1-888-928-8610 for assistance; however cancellations must still be done in writing. Cancellations by regular post should be mailed to ASC Recruiting and Training - 106 Vivians Crescent, Brampton, Ontario, L6Y 4V4 Tel.: 416-346-9847 and should also include the following information: “Cancel service for (full name)”.

    A $35 non-refundable registration fee is included in all course pricing. The remaining course fees are only refundable if the cancellation is made within 30 days of student registration and if the student has not used the services in that time period. Should the 30 day period pass, and/or it is determined the student has utilized the services in any part; a refund will not be issued.

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