BuyCarandSellCar.com
provides web advertising services, (referred to hereafter as "the Service")
subject to the following Terms of Service ("TOS"). By using the Service
in any way, you are agreeing to comply with TOS. In addition, when using particular
BuyCarandSellCar.com
services, you agree to abide by any applicable posted guidelines for all
BuyCarandSellCar.com
services, which may change from time to time. Should you object to any term or condition
of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied
with
BuyCarandSellCar.com
in any way, your only recourse is to immediately discontinue use of
BuyCarandSellCar.com.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change or otherwise alter these
terms and conditions at any time. Such modifications shall become effective immediately
upon the posting thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes.
3. CONTENT
You understand that all postings, messages, text, files, images, photos, or other
materials ("Content") posted on, transmitted through, or linked from the
Service, are the sole responsibility of the person from whom such Content originated.
More specifically, you are entirely responsible for each individual item ("Item")
of Content that you post, email or otherwise make available via the Service. You
understand that
BuyCarandSellCar.com
does not control, and is not responsible for Content made available through the
Service, and that by using the Service, you may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the
BuyCarandSellCar.com
site and Content available through the Service may contain links to other websites,
which are completely independent of
BuyCarandSellCar.com.
BuyCarandSellCar.com
makes no representation or warranty as to the accuracy, completeness or authenticity
of the information contained in any such site. Your linking to any other websites
is at your own risk. You agree that you must evaluate, and bear all risks associated
with, the use of Content, that you may not rely on said Content, and that under
no circumstances will
BuyCarandSellCar.com
be liable in any way for the use of any Content posted, emailed or otherwise made
available via the Service. You acknowledge that
BuyCarandSellCar.com
does not pre-screen or approve Content, but that
BuyCarandSellCar.com
shall have the right (but not the obligation) in its sole discretion to refuse,
delete or move any Content that is available via the Service, for violating the
letter or spirit of the TOS any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The
BuyCarandSellCar.com
site and Content available through the Service may contain features and functionalities
that link you or provide you with access to third party content which is completely
independent of
BuyCarandSellCar.com, including web sites,
directories, servers, networks, systems, information and databases, applications,
software, programs, products or services, and the Internet as a whole.
Your interaction with organizations and/or individuals found on or through the Service,
including payment and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, is solely between you
and such organizations and/or individuals. You should make whatever investigation
you feel necessary or appropriate before proceeding with any online or offline transaction
with any of these third parties.
You agree that
BuyCarandSellCar.com
shall not be responsible or liable for loss or damage of any sort incurred as the
result of any such dealings. If there is a dispute between participants on this
site, or between users and any third party, you understand and agree that
BuyCarandSellCar.com
is under no obligation to become involved. In the event that you have a dispute
with one or more other users, you hereby release
BuyCarandSellCar.com, its officers, employees,
agents and successors in rights from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way related to such disputes and/or our
service.
5. PRIVACY AND INFORMATION USE
Your use of
BuyCarandSellCar.com
website or the Service signifies acknowledgment of and agreement to our Privacy
Policy. You further acknowledge and agree that
BuyCarandSellCar.com
may, in its sole discretion, preserve or disclose your Content, as well as your
information, such as email addresses, IP addresses, timestamps, and other users
information, if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: comply with legal process; enforce the
TOS; respond to claims that any Content violates the rights of third-parties; respond
to claims that contact information (e.g. phone number, street address) of a third-party
has been posted or transmitted without their consent or as of harassment; protect
the rights, property, or personal safety of
BuyCarandSellCar.com, its users or the
general public.
6. USE OF SITE AND SERVICES
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in actual sexual conduct including
but not limited to (i) sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or opposite sex,
or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse,
or (v) lascivious exhibition of the genitals or pubic area of any person;
- that harasses, degrades, intimidates or is hatful toward an individual or group
of individuals on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
- that violates the Fair Housing Act by stating, in any notice or ad for the sale
or rental of any dwelling, a discriminatory preference based on race, color, national
origin, religion, sex, familial status or handicap (or violates any state or local
law prohibiting discrimination on the basis of these or other characteristics);
- that violates federal, state, or local equal employment opportunity laws, including
but not limited to, stating in any advertisement for employment a preference or
requirement based on race, color, religion, sex, national origin, age, or disability;
- with respect to employers that employ four or more employees, that violates the
anti-discrimination provision of the Immigration and Nationality Act, including
requiring U.S. citizenship or lawful permanent residency (green card status) as
a condition for employment, unless otherwise required in order to comply with law,
regulation, executive order, or federal, state, or local government contract;
- that impersonates any person or entity, including, but not limited to, a
BuyCarandSellCar.com
employee, or falsely states or otherwise misrepresents your affiliation with a person
or entity (this provision does not apply to Content that constitutes lawful non-deceptive
parody of public figures.);
- that includes personal or identifying information about another person without that
person’s explicit consent;
- that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party, or Content that you do not have a right to make available under
any law or under contractual or fiduciary relationship;
- that constitutes or contains "affiliate marketing", "link referral
code", "junk mail", "spam", "chain letters",
"pyramid schemes", or unsolicited commercial advertisement;
- that advertises any illegal service or the sale of any items the sale of which is
prohibited or restricted by any applicable law, including without limitation items
the sale of which is prohibited or regulated by state law. m) that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment;
- that employs misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:o) contact anyone who has asked not to be contacted;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or
the like to download data from the Service – unless expressly permitted by
BuyCarandSellCar.com;
- post non-local or otherwise irrelevant Content, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large load on
our infrastructure;
- attempt to gain unauthorized access to
BuyCarandSellCar.com’s computer
system or engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
BuyCarandSellCar.com
website; or
- use any form of automated device or computer program that enable the submission
of postings on
BuyCarandSellCar.com
without each posting being manually entered by the author thereof (an "automated
posting device"), including without limitation, the use of any such automated
posting device to submit postings in link, or for automatic submission of postings
at regular intervals.
7. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
BuyCarandSellCar.com
email addresses or through
BuyCarandSellCar.com
computer system, which is expressly prohibited by these TOS. Any unauthorized use
of
BuyCarandSellCar.com
computer systems is a violation of the TOS and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. #1030 et seq.), and
other criminal laws State and Federal, and may also result in civil liability. Such
violations may subject the sender and his or her agents to civil and criminal penalties.
8. LIMITATION ON SERVICE
You acknowledge that
BuyCarandSellCar.com
may establish limits concerning use of the Service, including the maximum number
of that Content will be retained by the Service, the maximum number and size of
postings, email messages, or other Content that may be transmitted or stored by
the Service, and the frequency with which you may access the Service. You agree
that
BuyCarandSellCar.com
has no responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that
BuyCarandSellCar.com
reserves the right at any time to modify or discontinue the Service (or any part
thereof) with or without notice, and that
BuyCarandSellCar.com
shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
9. TERMINATION OF SERVICE
You agree that
BuyCarandSellCar.com, in its sole discretion,
has the right (but not the obligation) to delete or deactivate your account, block
your email or IP address, or otherwise terminate your access to or use of the Service
(or any part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
BuyCarandSellCar.com
believes that you have acted inconsistently with the letter or spirit of the TOS.
Further, you agree that
BuyCarandSellCar.com
shall not be liable to you or any third-party for any termination of your access
to the Service. Further, you agree not to attempt to use the Service after said
termination.
10. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international
treaties. Content displayed on or through the Service is protected by copyright
as a collective work and/or compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative works from or
redistribution of the site or the collective work, and/or copying or reproducing
the sites or any portion thereof to any other server or location for further reproduction
or redistribution is prohibited without the express written consent of
BuyCarandSellCar.com, and agree to abide
by any and all copyright notices displayed on the Service. You may not decompile
or disassemble, reverse engineer or otherwise attempt to discover any source code
contained in the Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purpose, any aspect
of the Service.
Although
BuyCarandSellCar.com
does not claim ownership of content that its users post, by posting Content to any
public area of the Service, you automatically grant, and you represent and warrant
that you have the right to grant, to
BuyCarandSellCar.com
an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute said Content and to prepare derivative works
of, or incorporate into other works, said Content, and to grant and authorize sublicenses
(through multiple tiers) of the foregoing. Furthermore, by posting Content to any
public area of the Service, you automatically grant
BuyCarandSellCar.com
all rights necessary to prohibit any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on the Service by any party for any
purpose.
11. DISCLAIMER OF WARRANTIES
You agree that use of the buycarandsellcar.com site and the service is entirely
at your own risk. The buycarandsellcar.com site and service are provided on an "as
is" or "as available" basis, without any warranties of any kind. All express and
implied warranties, including, without limitation, the warranties of merchantability,
fitness for a particular purpose, and no infringement of proprietary rights are
expressly disclaimed to the fullest extent permitted by law. To the fullest extent
permitted by law, buycarandsellcar.com disclaims any warranties for the security,
reliability, timeliness, accuracy, and performance of the buycarandsellcar.com site
and the service. To the fullest extent permitted by law, buycarandsellcar.com disclaims
any warranties for other services or goods received through or advertised on the
buycarandsellcar.com site or the sites or service, or accessed through any links
on the buycarandsellcar.com site. To the fullest extent permitted by law, buycarandsellcar.com
disclaims any warranties for viruses or other harmful components in connection with
the buycarandsellcar.com site or the service. Some jurisdictions do not allow the
disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers
may not apply to you insofar as they relate to implied warranties.
12. LIMITATIONS OF LIABILITY
Under no circumstances shall buycarandsellcar.com be liable for direct, indirect,
incidental, special, consequential or exemplary damages (even if buycarandsellcar.com
has been advised of the possibility of such damages), resulting from any aspect
of your use of the buycarandsellcar.com site or the service, whether the damages
arise from use or misuse of the buycarandsellcar.com site or the service, from inability
to use the buycarandsellcar.com site or the service, or the interruption, suspension,
modification, alteration, or termination of the buycarandsellcar.com site or the
service. such limitation shall also apply with respect to damages incurred by reason
of other services or products received through or advertised in connection with
the buycarandsellcar.com site or the service or any links on the buycarandsellcar.com
site, as well as by reason of any information or advice received through or advertised
in connection with the buycarandsellcar.com site or the service or any links on
the buycarandsellcar.com site. These limitations shall apply to the fullest extent
permitted by law. In some jurisdictions, limitations on liability are not permitted.
In such jurisdictions, some of the foregoing limitations may not apply to you.
13. INDEMNITY
You agree to indemnify and hold
BuyCarandSellCar.com, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service providers,
suppliers and employees, harmless from any claim or demand, including reasonable
attorney fees and court costs, made by any third party due to or arising out of
Content you submit, post or make available through the Service, your use of the
Service, your violation of the Terms, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
14. VIOLATION OF TERMS
Please report any violations of the TOS,
by reporting
the posting(s) for review.
IF YOU DO NOT AGREE WITH BUYCARANDSELLCAR.COM TERMS OF SERVICE PLEASE DON'T USE
THIS WEBSITE