Terms of Use

Last Updated: February 28, 2012

We at Body Shop Nation, Inc. ("Body Shop Nation", "we", "our", "us") provide this website, www.bodyshopnation.com, and all associated websites linked to www.bodyshopnation.com and maintained by Body Shop Nation (the "Site") to give you access to our services.

Your access to and use of the Site is subject to the provisions contained in this document. BY ACCESSING OR USING THE SITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS OF USE, WHICH ARE AGREED TO BY AND BETWEEN YOU AND Body Shop Nation, INC. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. With your acceptance and compliance with these Terms of Use, we grant you a personal, revocable, non-transferable, limited privilege to access and use the Site.

Privacy Policy

By your access and use of the Site, you also hereby agree to the terms of the Body Shop Nation Privacy Policy, which are incorporated into these Terms of Use by this reference.

Changes to these Terms

We reserve the right, at our sole discretion, to modify or amend these Terms of Use at any time. All changes shall be effective immediately upon their posting. We will alert you to any material changes to these Terms of Use by posting a notice on the Site homepage for a reasonable time. You agree that accessing or using the Site after such changes are posted constitutes your acceptance and consent to all such changes.

Site Information and Offered Services

Information displayed and the services available on the Site are subject to modification without notice. We reserve the right, at our sole discretion, to modify such information and services without any obligation to notify past, current or prospective users of the Site.

Intellectual Property Rights

Copyright © 2012 Body Shop Nation, Inc. All rights reserved.

Body Shop Nation, Inc. is the copyright owner of all copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on the Site, unless otherwise noted. The distinctive and original layout and presentation of the Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Body Shop Nation, Inc. and its affiliated collision repair shops appear throughout the Site. The Site may also contain references to other third party marks, and copies of third party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Body Shop Nation, Inc., its affiliated collision repair shops, or any other third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Use of the Site

General Use.

You agree:

  1. not to download (other than general viewing through a web browser or page caching) or modify the Site, or any portion of the Site, except with express written consent of Body Shop Nation;
  2. not to resell or make other commercial use of the Site or its contents; and
  3. not to reproduce, duplicate, copy, sell, resell, or otherwise use the Site for any commercial purpose. The permission to access and use the Site will be terminated upon any unauthorized use.

Content Submission.

The Site may provide users to submit reviews and comments on, for example, affiliated and non-affiliated collision repair shops (generally, "Submitted Content"). You acknowledge that the Submitted Content may be made publically available on the Site. You further acknowledge that you are solely responsible for the contents of the Submitted Content and agree to abide by the following guidelines with respect to the Submitted Content:

You may not post or transmit through the Site or use the Site or the content or services in any way that would:

  1. violate or infringe in any way upon the rights of others, including any copyright, patent, trademark, trade secret or other proprietary rights
  2. be unlawful, false, misleading, inaccurate, fraudulent, threatening, harassing, discriminatory, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,
  3. encourage or undertake conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, statute, ordinance or regulation, including, but not limited to, impersonating another person or entity,
  4. involve any advertising or any solicitation using this Site or information from this Site without our express permission,
  5. create liability for us or any third party, or
  6. interfere with or disrupt computer networks connected to this Site or gain entry or access to those networks or systems without our express permission. Any conduct by you that in our discretion restricts or inhibits any other person from using or enjoying the Site will not be permitted.

By submitting any type of Submitted Content to the Site, including without limitation, reviews, comments, profiles, forums, and contests, you automatically grant to Body Shop Nation and its affiliates an irrevocable, royalty-free, perpetual, fully paid nonexclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such Submitted Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Submitted Content) such Submitted Content, and to grant and authorize sublicenses thereof (through multiple tiers). You also represent and warrant that you have the right to grant or that the holder of any rights, including moral rights in such Submitted Content, has completely and effectively waived all such rights and validity and irrevocably granted to you the right to grant, the license stated above. If you post Submitted Content in any public area of the Site, you also permit any user to access, display, view, store and reproduce such Submitted Content for personal use and any other use consistent with the use for which it was intended. Subject to the terms of this Terms of Use, the owner of any Submitted Content placed on the Site retains any and all rights that may exist in such Submitted Content.

You acknowledge and agree that in compliance with the safe harbor provision(s) of the Digital Millennium Copyright Act of 1998 ("DMCA"), Body Shop Nation reserves the right to take down any and all Submitted Content posted or made available via use of the Site as may be required by the DMCA.

No Liability

IN NO EVENT SHALL Body Shop Nation OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THE SITE OR TO ANY MATERIAL, INFORMATION, OR DATA OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THE SITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Body Shop Nation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

No Warranty

Body Shop Nation makes all commercially reasonable efforts to ensure that all material, information, and data on the Site is accurate and reliable; however, accuracy cannot be guaranteed.

THE SITE IS PROVIDED BY Body Shop Nation ON AN "AS IS" BASIS. Body Shop Nation DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. Body Shop Nation MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING (1) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THE SITE OR ANY MATERIAL OR INFORMATION ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE, SUCH AS FOR EXAMPLE THE LOCATION, CONTACT INFORMATION, OR OTHER BUSINESS INFORMATION FOR ANY COLLISION REPAIR SHOP; (2) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR USE OF MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE, SUCH AS FOR EXAMPLE YOUR EXPERIENCE OR SUCCESS IN DEALING WITH ANY PARTICULAR COLLISION REPAIR SHOP; (3) THAT USE OF THE SITE OR ANY MATERIALS OR PRODUCTS ON THE SITE WILL MEET ANY USER'S REQUIREMENT TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (4) THAT FILES OR OTHER MATERIALS AND INFORMATION AVAILABLE THROUGH THE SITE WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER SYSTEM.

YOU ACKNOWLEDGE AND AGREE

  1. THAT YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK;
  2. THAT USE OF ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK;
  3. THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE OR FROM THE DOWNLOAD OF ANY MATERIAL, INFORMATION OR DATA, AND FOR ANY OTHER FORM OF DAMAGE THAT MAY BE INCURRED;
  4. THAT Body Shop Nation SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION FROM YOU OR ANY OTHER USER; AND
  5. THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION Body Shop Nation, SHALL BE LIABLE TO YOU OR ANY OTHER USER OF THE SITE FOR ANY DAMAGE RESULTING FROM USE OF THE SITE OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE.

No advice or information, whether oral or written, obtained by you from Body Shop Nation or in any manner from the Site shall create any warranty.

Third Party Websites

The Site may link to, or be linked to, other websites not maintained by or related to Body Shop Nation. Such links are provided only as a service to our visitors. Body Shop Nation is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked or linking website, unless specifically stated therein. Body Shop Nation has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. Your visit to any linked such website is at your own risk.

Subdomains and Content Provided by Affiliates

The Site may host subdomains provided by our affiliated collision repair shops. The subdomains are identified by the web address format: http://shopname.bodyshopnation.com, where "shopname" is the name of the particular collision repair shop. You acknowledge that Each collision repair shop has full control over their respective subdomain. By hosting the subdomains, Body Shop Nation is not, directly or indirectly, implying any approval, sponsorship, or endorsement for any particular collision repair shop, or for the accuracy of the content of any subdomain. Inquires relating to a particular subdomain should be directed to the collision repair shop associated with that subdomain. Notwithstanding the foregoing, in the event that you believe the content of subdomain infringes your intellectual property rights, please contact Body Shop Nation at Contact Us.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Body Shop Nation, ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL LOSSES, EXPENSES, THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, YOUR USE OF ANY MATERIAL, INFORMATION OR DATA ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE, OR YOUR VIOLATION OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF Body Shop Nation OR ANY OTHER PERSON OR ENTITY.

Interpretation and Disputes

These Terms of Use are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions. Venue shall be proper exclusively in the courts located in Maricopa County, Arizona with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by Body Shop Nation in its sole discretion. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim against Body Shop Nation with respect to the Site must be commenced within one (1) year after the action or claim arises.

Entire Agreement

These Terms of Use, together with the Body Shop Nation Privacy Policy constitute the entire agreement between you and Body Shop Nation with respect to your access and use of the Site as a general user and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Body Shop Nation. These Terms of Use will inure to the benefit of Body Shop Nation's successors and assigns.

Electronic Communications

You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Body Shop Nation may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.

Contacting Us

If you have any other questions or concerns regarding these Terms of Use, please contact us at Contact Us or you can send correspondence to the following address:

1494 N. 85th Street,
Scottsdale, AZ 85257

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