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AllUsedCars.com -- Terms and Conditions
AllUsedCars.com is owned and operated by Diamond D Enterprises, Inc. By using AllUsedCars.com, you agree to abide by the terms and conditions of this User Agreement ("Agreement"), so please read it carefully. If you are not at least 18 years old, you may not use AllUsedCars.com without adult supervision. By using AllUsedCars.com, you warrant that you are at least 18 years old. If you have comments regarding AllUsedCars.com or this Agreement, you may send them via e-mail to legalteam@allusedcars.com. You must send any official correspondence via postal mail to: Diamond D Enterprises, Inc., Attn: Legal Dept., Suite 1, 117 William St., Kearny, NJ 07032Copyright Notice and Use Limitations
AllUsedCars.com and all of its contents, including, but not limited to, text, photographs, images, illustrations, graphics, and other software (collectively "Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by AllUsedCars.com or the party credited as the provider of Intellectual Property. Additionally, AllUsedCars.com itself is protected by copyright as a collective work and or compilation. Third party names and marks used on AllUsedCars.com are the property of their respective owners.
You may not, and agree that you will not, copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of the Intellectual Property, or AllUsedCars.com itself, in whole or part, except as expressly provided in this section of the Agreement.
By posting material on our site or communicating with us, you hereby grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software, or technology of any kind now existing or developed in the future and to use the material commercially. You also agree to indemnify, defend, and hold us harmless against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. You further grant us the right to use your name in connection with the reproduction or distribution of such material.
You may browse AllUsedCars.com and download one copy of occasional materials appearing on AllUsedCars.com that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark, and other notices contained in this one personal copy. You may not reproduce, distribute, sell, modify, display, make available to others, or use any portion of the Intellectual Property in any other way or for any other purpose without the written consent of AllUsedCars.com. You may not save or archive a significant portion of the material appearing on this Site.
You agree not to post any obscene, misleading, or illegal material on this site, or any other material that infringes on the rights of others. You may not use the Service for advertising or promotional materials or any other forms of solicitation.
Customers of AllUsedCars.com must be ready to sell the vehicle listed pursuant to the terms of their advertisement. Customers must posses the vehicle listed and be able to legally transfer the title of the vehicle advertised.
As part of our service, customers can obtain a user name and password. As a customer, you agree not to employ a user name that AllUsedCars.com deems, in its sole discretion, to be offensive. You will be responsible for maintaining the confidentiality of your password and agree to notify AllUsedCars.com at postmaster@allusedcars.com if you suspect that someone is or may be using your password without authorization.
Considering the volume of classified ads placed on AllUsedCars.com, we cannot and do not monitor all of the material posted in the ads placed on AllUsedCars.com. While you agree that AllUsedCars.com will not be liable for such third-party content, AllUsedCars.com reserves the right to remove or edit any material that it deems, in its sole discretion, to violate this Agreement, or the rights of AllUsedCars.com or any third-party; or to be otherwise unacceptable.
Changes to Agreement
AllUsedCars.com reserves the right to change this Agreement at any time. AllUsedCars.com will post a notice of such change on AllUsedCars.com. By continuing to use AllUsedCars.com after a change is made, you accept and are bound by the modified Agreement. Only AllUsedCars.com may alter this Agreement.
Termination
If AllUsedCars.com determines that you have not complied with any part of this Agreement, it may terminate your access to AllUsedCars.com and any services provided by AllUsedCars.com. Any termination of this Agreement removes your authorization to access or use AllUsedCars.com and requires you to destroy all electronic or other materials and copies of such materials obtained from AllUsedCars.com. However, in the event of termination, you will still be bound by your obligations under this Agreement, including the warranties made by you, and by the disclaimers and limitations of liability.
Limitation of Liability; Disclaimer of Warranties
ALLUSEDCARS.COM, AND ALL ITS CONTENTS (INCLUDING, BUT NOT LIMITED TO, CLASSIFIED ADS AND ANY GOODS OR SERVICES ADVERTISED ON OR SOLD THROUGH THIS WEBSITE) ARE PROVIDED TO YOU "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. ALLUSEDCARS.COM DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION OF ANY KIND FOUND ON ALLUSEDCARS.COM. IN PARTICULAR, ALLUSEDCARS.COM DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION CONTAINED IN ANY classified advertisement appearing on ALLUSEDCARS.COM. the ADS ON ALLUSEDCARS.COM ARE PROVIDED BY THE SELLER AND NOT ALLUSEDCARS.COM. ALL TRANSACTIONS ARE BETWEEN THE BUYER AND SELLER, NOT THE BUYER AND ALLUSEDCARS.COM. ANY VEHICLE OR PRODUCT DESCRIBED ON THIS SITE IS SOLD "AS IS", WITH ALL ITS FAULTS AND BENEFITS. If you are unsure about your purchase or sale, you are advised to seek the advice of competent legal, accounting, and mechanical counseling before you sign a contract. YOUR RELIANCE ON ANY INFORMATION FOUND ON ALLUSEDCARS.COM IS AT YOUR OWN RISK. Some states do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you.
· ALLUSEDCARS.COM, ITS PARENT COMPANY, AFFILIATES AND ANY OTHERS INVOLVED IN CREATING ALLUSEDCARS.COM AND ITS CONTENTS ARE NOT LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING ALLUSEDCARS.COM, INCLUDING, BUT NOT LIMITED TO, ALLUSEDCARS.COM’s NEGLIGENCE, YOUR ACCESS TO AND USE OF ALLUSEDCARS.COM, THE UNAVAILABILITY OF ALLUSEDCARS.COM, ERRORS OR INACCURACIES CONTAINED ON ALLUSEDCARS.COM, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF ALLUSEDCARS.COM, EVEN IF YOU HAVE ADVISED ALLUSEDCARS.COM IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
· AllUsedCars.com’s liability to you or any third parties, if any, arising out of the service or related in any way to the service, site, or linked sites, is limited to the greater of the price you paid for the service, or $1.00. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
· AllUsedCars.com is not responsible for, or liable for, any damage, including damage caused by viruses, to your computer, computer system, or other property, during or on account of access or use of the AllUsedCars.com or any sites to which the AllUsedCars.com provides hyperlinks ("links").
Caution
· Please note that there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
· AllUsedCars.com includes links to other Internet sites that may be of interest to users. AllUsedCars.com does not monitor or control any linked sites and is not responsible for their content or availability. While we encourage you to visit these sites, we are not responsible for and cannot guarantee their products or services. You agree that AllUsedCars.com shall have no liability for any damages incurred by you, and agree not to assert any claims against AllUsedCars.com, as a result of purchasing or using the services of the linked sites.
Indemnification
· You agree to indemnify, defend, and hold harmless AllUsedCars.com, its parent company and affiliates, from and against any and all claims, actions, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, arising out of your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of or postings to AllUsedCars.com, or as a result of your purchasing or using the services of third party web service providers with links on our site. You will cooperate fully in any defense of such claim. AllUsedCars.com reserves the right to take exclusive control of the defense of any such claim.
Forum Selection and Litigation
· This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts of the State of New Jersey for any cause of action arising out of this Agreement.
· If a court deems any part of this Agreement invalid, the remaining parts shall remain in full force and effect.
· If you believe your intellectual property rights have been infringed on AllUsedCars.com, please email us at legalteam@allusedcars.com, or via postal mail at Diamond D Enterprises, Inc., Suite 1, Kearny, NJ 07032.
· You agree to file any cause of action with respect to this Agreement and your rights and obligations in Kearny, NJ within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
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