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terms and conditions |
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(Effective as of December 1, 2009) |
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Any and all use of the YourAutoFriend.com web site shall constitute a user’s agreement to abide by the following Terms of Use, as may be amended from time to time by YourAutoFriend.com, as further described below. The Terms of Use are as follows: |
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| I. |
Generally Applicable Provisions |
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To view our privacy policy, click here.
YourAutoFriend.com is an information service which
permits vehicle sellers and vehicle buyers to exchange
information. The information posted to YourAutoFriend.com
is posted by users, not by YourAutoFriend.com, and is for
informational purposes only. Users shall understand that
errors may appear from time to time in the information
provided. Users should independently verify all
information seen on this web site before making a
purchasing decision based upon such information.
YourAutoFriend.com shall not be responsible for, and does
not guarantee the performance of, any goods or services
so purchased. The actual purchase price, the terms and
conditions of purchase and all other terms governing any
act of sale or lease entered into by one or more users
shall be governed solely by the user purchaser and user
seller, and YourAutoFriend.com shall not act or be liable
as an intermediary, guarantor, or otherwise be
considered a party to such transactions. |
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| II. |
Permissible Use |
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Those who list a vehicle for sale through
YourAutoFriend.com represent that they are willing and
able to sell the vehicle at the price and on the terms
specified, and that they have possession of, and the
ability to transfer good title to, the listed vehicle.
Information concerning identity and contact information
required to be provided by selling users shall be
accurate. Contact information so provided must enable
buyers to contact the listing seller user directly.
Listing users shall provide information regarding any
listed vehicle to potential buyer users free of charge.
Each user who registers with the web site warrants that
the information supplied during registration is accurate
and complete. Each registering user further warrants and
agrees that he or she will not register or attempt to
enter the service under the name of any person other
than their own. YourAutoFriend.com may disallow use of a
user name that it deems offensive or otherwise
inappropriate. Each user shall be responsible for
preserving the confidentiality of his or her own
password, and in addition shall be responsible for all
actions of others accessing the site through any
username/password assigned to him or her. User shall
notify YourAutoFriend.com of any known or suspected
unauthorized use of his or her account.
No user shall harvest data from the web site for any
purpose other than for assessing a potential purchase of
a listed vehicle. No user shall use information provided
to it by YourAutoFriend.com or other users of the web
site for spamming or otherwise soliciting the users of
YourAutoFriend.com. |
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| III. |
Fees |
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Those who place an ad with YourAutoFriend.com agree to
pay the listing fees specified for the service selected,
regardless of whether the listed property sells as a
result. Unless otherwise agreed in writing by
YourAutoFriend.com, listing fees shall be non-refundable
under all circumstances. |
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| Iv. |
Content Posting |
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Users shall not use YourAutoFriend.com to promote their
own web site, product or service without obtaining the
prior written permission of YourAutoFriend.com. Each
seller user who lists places an ad with or transmits a
message through YourAutoFriend.com shall be solely
responsible for the information contained in the ad
and/or message. When you place a Featured Ad you agree
that the Ad will run 'til it sells.
In the event the Ad does not sell, you may repost or edit
the Ad free of charge. When you place a Basic
or Photo Ad you agree the Ad will also run 'til it
sells. In the event the Ad does not sell, you may repost or edit
the Ad free of charge. YourAutoFriend.com reserves the right to revoke
user privileges in anyone who has engaged in
questionable practices regarding the transmission of
false or misleading information through such an ad or
message, and reserves the right to delete and/or modify
any ad or other posting which it reasonably deems to be
unacceptable or inappropriate. Users agree not to post
or transmit any information which is abusive, obscene,
defamatory, threatening, false or misleading, illegal or
otherwise infringes on the rights of others.
YourAutoFriend.com reserves the right to release
information posted to or transmitted through the web
site in order to comply with legal or regulatory
requirements, including in response to law enforcement
inquiries, to enforce these Terms of Use, or to protect
the property and/or rights of YourAutoFriend.com or
others. |
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| v. |
Compliance Checks |
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YourAutoFriend.com shall have the right, but not the
obligation, to conduct tests to confirm that those
listing ads with us are prepared to sell at the price
and on the terms advertised by them. All users agree to
cooperate with YourAutoFriend.com its conducting of these
tests. YourAutoFriend.com shall have the right to deny
further use of the web site to those who are found, by
such testing or otherwise, to have used the web site in
the course of engaging in any unfair or deceptive
practice. |
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| vI. |
Limitation on Warranties |
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THE WEB SITE AND ALL CONTENTS THEREOF AND ALL SERVICES
ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT
THE CONTENTS OF THE WEB SITE WILL BE ACCURATE,
UP-TO-DATE OR OTHERWISE RELIABLE. The foregoing does not
limit any manufacturer's express warranty provided with
any product purchased on the Website. Some states do not
allow the disclaimer of implied warranties, so the
foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have
other legal rights that vary from state to state. |
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| vII. |
Limitation of Damages |
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IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY
SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR RELIANCE
DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE,
OUR SERVICES OR THIS AGREEMENT, UNDER ANY LEGAL THEORY,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSES OF ANY LIMITED REMEDY. OUR LIABILITY TO YOU,
UNDER ANY LEGAL THEORY, IS LIMITED TO THE GREATER OF (A)
THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR
TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
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. |
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| vIII. |
Restrictions on Use; Amendment of
Terms of Use |
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YourAutoFriend.com reserves the right to deny the use of
this web site or any portion thereof to any user who
does not abide by these Terms of Use, or who otherwise
uses this web site in a manner deemed inappropriate by
YourAutoFriend.com. YourAutoFriend.com also reserves the
right to amend these terms of use from time to time,
without prior notice, by posting revised Terms of Use to
the web site, and all use subsequent to the posting of
such revised Terms of Use shall be governed by the
posted Terms of Use as so modified. YourAutoFriend.com
reserves the right to change, restrict access to,
terminate, or suspend this web site or any part thereof
at any time. |
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| IX. |
Intellectual Property |
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YourAutoFriend.comsm and any other marks used in
association with the services provided by
YourAutoFriend.com through this web site are the
trademarks or services marks of YourAutoFriend.com. All
other trademarks or service marks used to identify
products or services appearing or described on this web
site may be the trademarks of their respective owners.
All contents of the YourAutoFriend.com web site are ©
Copyright 2010 YourAutoFriend.com. All rights reserved.
If any user is aware of any content which appears on
this web site which could potentially constitute a
violation of any party’s intellectual property rights,
the user is requested to contact YourAutoFriend.com to
inform it of such potential infringement and to identify
the offending material. |
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| X. |
Governing Law, Jurisdiction and
Venue |
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These Terms of Use shall be governed and construed in
accordance with the laws of the State of Louisiana.
Users of this web site consent to the exclusive
jurisdiction and venue of the state and federal courts
in East Baton Rouge Parish in the State of Louisiana for
all disputes arising out of or relating in any way to
these Terms or Use or the use of this web site. |
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