Used Mazda MAZDA6s for sale near Ashburn, VA 20146
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or more of the Sites within a particular market (not applicable to co-branded or Other Media Platforms), ATC will
use commercially reasonable efforts to place such Advertisements in one of the standard advertisement locations
that appear on search results pages displayed to users that have searched for a vehicle by manufacturer within
the specified market. ATC reserves the right to reject or cancel any Advertisement, space reservation or position
commitment at any time. Without limiting the generality of the preceding sentence, ATC reserves the right (but
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necessarily limited to year, make, model, VIN, mileage, stock number and retail price) for each vehicle to be
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provided by or on behalf of Advertiser) as ATC and such Affiliates see fit; for example, ATC or an Affiliate may
provide such data to third parties to obtain wider distribution of Advertiser's Advertisements or may use such
data to derive and distribute vehicle valuations and other information.
Call Tracking: ATC may arrange for a third party vendor selected by ATC to provide Advertiser with one or more
toll-free telephone number(s) (the "Number(s)") for use in connection with Advertisements placed on the Sites
(and, at ATC's discretion, on co-branded ATC sites and/or Other Media Platforms). Advertiser may use the Number(s)
solely to answer customer inquiries regarding the vehicle listings included in the Advertisements. Advertiser
will not use the Number(s) for any other purpose, including, but not limited to, the initiation of telemarketing
calls. ATC will use commercially reasonable efforts to provide Advertiser, within thirty (30) days after the end
of each calendar month during the term of the applicable Subscription Sales Order, a report containing the date,
time, duration, and phone number of each caller to the Number(s) during such month. ATC owns all rights, title
and interest in this information.
Transaction Sales Orders: In the event that a Transaction Sales Order includes a listings package, Advertiser may
list up to the specified number of vehicles in the selected listings package during each month of the term of the
Transaction Sales Order for the minimum monthly package fee. If in any month Advertiser lists more than the
specified number of vehicles for that listings package, Advertiser will be billed for each such additional listing
based on the "per listing" price for that package. If Advertiser lists fewer than the specified number of vehicles,
Advertiser will still be required to pay the minimum monthly package fee, and there will be no credits for listings
not used. If Advertiser has registered but not selected any listings package, it will be required to pay for each
listing actually placed at the then-prevailing base rate. A vehicle is deemed to be listed as of the date the
listing first appears on any of the Sites, including any Other Media Platform.
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such offers and information may be directed to the postal and email addresses, telephone number(s) and facsimile
number(s) listed on any applicable Sales Order or to any other contact addresses and numbers used by the Advertiser.
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messages at the facsimile number(s) listed on this form.
Ownership: As between the parties, ATC owns all rights (including, without limitation, copyright rights) in the
Sites and in all advertising material and other content furnished by ATC Advertiser will not authorize reproduction
or use of any such material in any medium without ATC's prior written consent. As between the parties, ATC owns
all rights in any information collected by ATC, its Affiliates, and/or their respective vendors relating to users
of the Sites (including, without limitation, any personally identifiable transaction data and "clickstream" data).
Assignment: Advertiser may not resell, assign or transfer any of its rights hereunder, and any attempt to resell,
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being provided by ATC to Advertiser under this Agreement.
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visitor agreement (sometimes referred to as "terms of use," terms and conditions," or "terms of service") posted
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copyright, trademark or trade secret rights, or any right of privacy or publicity. Advertiser will indemnify and
hold ATC, its licensees and their Affiliates and the employees of any of these harmless against any and all losses
incurred by them in connection with (x) any breach or alleged breach of the foregoing representations and warranties,
(y) any Advertisements and/or (z) any materials to which users can link through any Advertisement.
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INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE OR ANY
WARRANTY THAT ANY ADVERTISEMENT WILL BE DISPLAYED ON THE SITES, INCLUDING OTHER MEDIA PLATFORMS, WITHOUT INTERRUPTION
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ITS AFFILIATES AND ANY OF ITS OR THEIR LICENSEES OR VENDORS TO ADVERTISER OR ANY OTHER PERSON FOR ANY LOSS, COST,
DAMAGE OR EXPENSE (INCLUDING ATIORNEYS' FEES), CAUSED BY OR ARISING OUT OF, EITHER DIRECTLY OR INDIRECTLY, ANY
BREACH OF THE TERMS OF THIS AGREEMENT OR ANY ADVERTISEMENT OR OTHER MATERIAL DISPLAYED ON OR CREATED OR DISTRIBUTED
THROUGH, OR TO BE CREATED OR DISPLAYED ON OR DISTRIBUTED THROUGH, ANY OF THE SITES, INCLUDING OTHER MEDIA PLATFORMS,
WILL BE, AT ATC'S DISCRETION, LIMITED TO (I) THE AMOUNT PAID TO ATC BY ADVERTISER UNDER THE SALES ORDER IN
CONNECTION WITH THE ADVERTISEMENT(S) OR OTHER MATERIAL OUT OF WHICH THE DISPUTE ARISES, OR (II) PLACEMENT OF THE
ADVERTISEMENT(S) OR OTHER MATERIAL AT A LATER TIME IN A COMPARABLE POSITION. THE FOREGOING LIMITATION ON LIABILITY
OF ATC AND ITS AFFILIATES, AND ITS AND THEIR LICENSEES AND VENDORS WILL COVER, WITHOUT LIMITATION, THE MANNER IN
WHICH ANY MATERIAL IS DISPLAYED ON THE SITES, INCLUDING OTHER MEDIA PLATFORM(S), OR ANY TECHNICAL MALFUNCTION,
COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING, DIRECTLY OR INDIRECTLY, FROM ADVERTISER'S USE OF
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ARE FOR ADVERTISER'S CONVENIENCE ONLY AND THAT ADVERTISER ALONE IS RESPONSIBLE FOR ENSURING THAT ALL ADVERTISEMENTS
COMPLY WITH ALL APPLICABLE LAWS; UNDER NO CIRCUMSTANCES WILL ADVERTISER ASSERT ANY CLAIM AGAINST ATC, ITS
AFFILIATES OR VENDORS ARISING OUT OF THE FAILURE OF ANY ADVERTISEMENT TO COMPLY WITH APPLICABLE LAW.
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ownership rights set forth above will survive the expiration or termination of this Agreement. Should any provision
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match most closely the intentions of the parties, and the remainder of this Agreement will remain in full force
and effect. This Agreement (including the ATC Visitor Agreement) and any outstanding Sales Orders constitute the
entire agreement between the parties pertaining to the subject matter hereof and supersede all prior agreements.
In the event of any otherwise irreconcilable inconsistency between the terms of this Agreement and the terms of
any Sales Orders, the terms of this Agreement will control. This Agreement will be construed under the laws of
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By clicking "Sign Up", Advertiser agrees that this Agreement will govern Its advertising relationship with
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