Classic Cars Sales Usage Terms and Conditions Agreement

By using our Service/Website, you agree to be bound by the Terms and Conditions appearing in this document. By using the Service/Website, you are agreeing to all of the terms contained in this Agreement.

Ownership
Any and all intellectual property rights associated with the Classic Cars Sales Website—including without limitation of any publicity rights, trademarks, trade dress, trade secrets, and copyrights—are the sole property of Classic Cars Sales., and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without our written permission. Except as provided herein, we do not grant to you any express or implied rights to our intellectual property. Any rights associated with content that is transmitted, downloaded, or otherwise processed by our Service/Website shall be retained by the content owner, if any, and may be protected by applicable copyright, trademark, or other laws. For the purposes of this Agreement, the term "Content" refers to any of the various information, files, data, and media types which can be sent, received, or processed by our Service/Website in accordance with a variety of protocols, including, without limitation, text, graphics, video, audio, streaming media, e-mail, chat, HTML, instant messaging, Forum information and the like. This Agreement gives you no rights in and to such Content. To the extent that you own any rights in Content that you provide to us, you hereby grant to us a non-exclusive, irrevocable, royalty-free, paid-up license to use, copy, publish, distribute, publicly perform, publicly display, create derivative works or otherwise exploit any Content that is provided during your use of the Service/Website.

Termination
You agree that we, in our sole discretion, may terminate your use of and access to all or a portion of the Service/Website, and remove and discard any Content within the Service/Website, for any reason, including, without limitation, for lack of use, or if we believe that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third party as a result of our termination of your access to the Service/Website.

Acceptable Use
In consideration for your use of the Service/Website, you agree to provide true, current, accurate, and complete information about yourself as requested, and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the Service/Website in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any Content that you upload, download, transmit or otherwise process using the Service/Website.
You explicitly agree not to:

  • Transmit any data, text, video, audio, software, or other Content that is offensive, obscene, pornographic, inflammatory, harassing, threatening, tortious, invasive of another's privacy, abusive, hateful, defamatory, harmful to minors, or is otherwise objectionable;
  • Transmit any Content that infringes any patent, trademark, copyright, rights of publicity, or other intellectual property right;
  • Transmit any Content that violates any applicable local, state, national, or international law that could give rise to civil or criminal liability;
  • Transmit any unsolicited promotional Content, advertising materials, "spam," chain letters, unauthorized links to other websites, or other such solicitation;
  • Use the Service/Website to publicly broadcast, transmit, or display Content for "pay-per-download" or other commercial purposes;
  • Transmit any Content that solicits purchase of any product or service, unless that solicitation has been paid for by you and explicitly approved in writing by us;
  • Use the Service/Website to transmit Content that includes any virus, worm, Trojan horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Service/Website or any other Internet host;
  • Disguise your identity by spoofing, forging headers, using third-party relays or otherwise obscuring the origin of transmitted Content, including impersonating another person or entity;
  • Use any robot, spider or other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Service/Website, nor act as a conduit for others to affect the same result; or
  • Use the Service/Website with the intent to defraud us, any user of the Service/Website, or any other party, including, but not limited to, using the Service/Website to solicit sales fraudulently or using the Service/Website to engage another party in a fraudulent transaction.
  • Errors in Content, including, but not limited to, description, photography, or typographical errors, are subject to correction at our sole discretion.

No Liability
Classic Cars Sales assume no responsibility for Content downloaded, uploaded, stored, or otherwise processed by the Service/Website. Accordingly, if you choose to use the Service/Website, you do so at your own risk. Any Content you transmit will be treated by us as not being confidential to you, except as noted in the Privacy Policy;

  • You are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet, including the Service, and that any Content you store or transmit may be damaged, corrupted, "sniffed" and/or accessed by another person without your permission; we cannot and will not guarantee the security of any of the Content stored or transmitted by the Service; and
  • You may be subjected to email, instant messages, video, and other Content which is pornographic, defamatory, hateful, or otherwise objectionable to you.

IN NO EVENT SHALL CLASSIC CARS SALES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

Third Parties
Parties other than us and our subsidiaries may operate stores, provide services, or sell product lines on the Service/Website. Additionally, the Service may offer links to the websites of affiliated companies and certain other businesses. We shall not be responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their respective websites. We assume no responsibility or liability for the actions, product, and content of all these and any other third parties. You explicitly agree to carefully review their privacy statements and other conditions of use.

Modifications to the agreement                                                                                                                   
Classic Cars Sales may at any time, and without notice, modify, update, or otherwise change the terms of this Agreement, and you agree to be bound by such changes. Accordingly, we encourage you to visit the Site from time to time to review the current Terms and Conditions.

Electronic Communications
By using the Service/Website or by communicating with us electronically via email  or by other means, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Product and Service Descriptions                                                                                                                                       
Classic Cars Sales makes every attempt to be as accurate as possible with respect to Service/Website descriptions. However, we do not warrant the Service/Website descriptions or other Content of the Service/Website is accurate, complete, reliable, current, or error-free. Your sole remedy is to discontinue the Service subject to the terms of our Refund Policy.

Warranty
THE SERVICE COVERED UNDER THIS AGREEMENT IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE.

Indemnity
You agree to indemnify and hold us and our vendors, service providers, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service/Website, any Content you submit, transmit, or download through our Service/Website, or any violation of this Agreement or the rights of others.

Modifications to Service
Classic Cars Sales reserves the right at any time to modify, correct, or discontinue, temporarily or permanently, the Service/Website (or any part thereof) with or without notice. We may also change your priority of access to the Service/Website with respect to other users. We make no commitment to update the information provided by the Service/Website.

Legal Disclosure of Content
Although we have no obligation to monitor the Content of our users, we reserve the right to monitor, retain, delete and/or disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any Content violates the rights of third parties, or protect our rights, property, or personal safety, or that of our users, or of the public.

Miscellaneous
This Agreement shall constitute the complete and exclusive agreement between you and us. While we reserve the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and a representative authorized by us execute a separate written agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement. This Agreement shall be subject to and construed in accordance with the laws of the State of Georgia, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in the State of Georgia. Any and all unresolved disputes arising under this Agreement shall be submitted to arbitration in the State of Georgia. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, we may obtain equitable relief in any court to protect our intellectual property.

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