AGREEMENT BETWEEN USER AND MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS
The MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web Site is comprised of various Web
pages operated by MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS.
The MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web Site is
offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the
MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS
reserves the right to change the terms, conditions, and notices under which the
MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web Site is offered, including but not limited to the
charges associated with the use of the MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web Site.
LINKS TO THIRD PARTY SITES
The MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web Site may
contain links to other Web Sites ("Linked Sites"). The Linked Sites are not
under the control of MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS and MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS is not responsible
for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS is not responsible for webcasting or any other form of
transmission received from any Linked Site. MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS is providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS of the site or any association with
its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web Site, you warrant to MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS that you will not
use the MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the
MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web Site in any manner which could damage, disable,
overburden, or impair the MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web Site or interfere with any
other party's use and enjoyment of the MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web
Sites.
USE OF COMMUNICATION SERVICES
The MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web Site may
contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
not:
-
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
-
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
-
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
-
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
-
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
-
Conduct or forward surveys, contests, pyramid schemes or chain letters.
-
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
-
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
-
Restrict or inhibit any other user from using and enjoying the Communication
Services.
-
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
-
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
-
Violate any applicable laws or regulations.
MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS has no obligation to monitor the Communication Services.
However, MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion.
MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS reserves the right to terminate your access to any or
all of the Communication Services at any time without notice for any reason
whatsoever.
MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS
does not control or endorse the content, messages or information found in
any Communication Service and, therefore, MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service. Managers
and hosts are not authorized MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS spokespersons, and their
views do not necessarily reflect those of MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering
to such limitations if you download the materials.
MATERIALS PROVIDED TO MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS OR POSTED
AT ANY MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS WEB SITE
MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS does not claim ownership of the materials you provide
to MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS (including feedback and suggestions) or post, upload,
input or submit to any MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS, its affiliated
companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS is under no obligation to post or use
any Submission you may provide and may remove any Submission at any time in
MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the rights
to your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit
the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS WEB
SITE, WITH THE DELAY OR INABILITY TO USE THE MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS WEB SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS WEB SITE.
SERVICE CONTACT : info@myprocarguys.com
TERMINATION/ACCESS RESTRICTION:
MyProCarGuys.com reserves the right, in its sole discretion, to terminate
your access to the MyProCarGuys.com Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the Nation, U.S.A
and you hereby consent to the exclusive jurisdiction and venue of courts of
the Nation, U.S.A. in all disputes arising out of or relating to the use of
the MyProCarGuys.com Web Site. Use of the MyProCarGuys.com Web Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree that
no joint venture, partnership, employment, or agency relationship exists between
you and MyProCarGuys.com as a result of this agreement or use of the MyProCarGuys.com
Web Site. MyProCarGuys.com's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in derogation
of MyProCarGuys.com's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the MyProCarGuys.com Web
Site or information provided to or gathered by MyProCarGuys.com with respect
to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between
the user and MyProCarGuys.com with respect to the MyProCarGuys.com Web Site
and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and MyProCarGuys.com
with respect to the MyProCarGuys.com Web Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to
the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. It is the
express wish to the parties that this agreement and all related documents
be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the MyProCarGuys.com Pre-Owned Certified Cars, Trucks and SUVS Web Site are: Copyright 2009 MyProCarGuys.com
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
WEB PAGE CONTENT
You acknowledge and agree that:
(a) all source code, calculations, products, materials, data, information,
text, screens, functionality, services, design, layout, screen interfaces,
the "look and feel", and the operation of this Web site (collectively
"Web Page Content") are protected by various intellectual property
laws, including, but not limited to, copyrights, patents, trade secrets, trademarks,
and service marks; and
(b) all rights associated with the Web Page Content are owned by MyProCarGuys.com,
its licensors, or content providers. Furthermore, you acknowledge and agree
that you do not acquire any ownership rights by downloading or viewing any
Web Page Content. You further acknowledge and agree that you will not in any
way copy, reproduce, publish, create derivative works from, perform, upload,
post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame
in any webpage, or alter the appearance of any Web Page Content.
You may not use Web Page Content, domain names (in whole or in part), or
e-mail addresses related to or derived from this Web site, nor any data, trademarks,
functionality, service marks, trade names, brand names and/or logos contained
within or derived from this Web site, for any purpose; meaning that you may
not, among other prohibited uses, use any Web Page Content, domain names,
e-mail addresses, data, trademarks, service marks, trade names, brand names
and/or logos on or derived from this Web site:
(a) in or as any meta-tag or hidden text;
(b) in or as part of any contextual marketing directory, index, or triggering
term;
(c) as content or advertising related to any other Web site including, but
not limited to, comparative/informational Web sites; and/or
(d) as a variable or data element in any algorithm that causes another Internet
browser to appear on, over, or at the same time as the Company's Web site
or controls the content of any other Internet browser window.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure
for Making Claims of Copyright Infringement.