Spindy's: Terms-of-Use-Agreement

TERMS OF USE AGREEMENT

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Welcome to Spindys.com. In this Terms of Use, the terms "we," "us," or "our" refer to Spindys.com, Inc. and the terms "you" and "your" refer to you as a user of this website.

1 - USE OF THIS SITE

By using this website, you accept the Terms of Use Agreement. This is a legally binding agreement between you and us; please read it carefully. When using this site, you may be subject to other posted guidelines or rules applicable to certain services available on the site. All such guidelines and rules, and all policies and guidelines that are referenced herein, are part of this Terms of Use Agreement. Accessing this site in any manner, even through automated means, constitutes your use of the site and your agreement to be bound by these Terms of Use.

We respect your privacy. Please take a moment to review our Privacy Policy.

We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to [email protected], along with an explanation of your objection.

The Web is an evolving medium. Spindys.com may change the Terms of Use Agreement from time to time. By continuing to use this website following our posting of such changes, you agree to be bound by this agreement, as modified. We may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

The material that appears on Spindys.com is for informational purposes only as well as for services that you request from us. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing a vehicle or other goods or services you've read about on this website, you should confirm any information (including the price) that is important to your purchasing decision. Spindys.com is not responsible for, and do not guarantee the performance of, any such vehicles, goods or services.

2 - BUYING, SELLING AND LOCATING VEHICLES

Spindys.com is a service hat provides a medium by which sellers can list cars through us and/or buyers can search inventory or request a car locator service. Information about a particular vehicle is supplied by the seller, not by us. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller and/or with Spindys.com as the mediator between the seller and buyer. The prices listed by sellers on our website often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Though we hope that all who come to our site will act honorably and treat each other fairly, we can't verify the information sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that the check he/she gets from the buyer isn't going to bounce. When using this website to find a buyer for your vehicle or a vehicle you can buy, we urge you to use the same common sense and good judgment you would use in selling a car through, or responding to, a classified ad in the newspaper.

Please educate yourself on fraud awareness before you buy or sell a car through a classified ad, whether on our site or in your local newspaper. There is no substitute for healthy skepticism and your own good judgment.

In connection with our efforts to combat Internet fraud, all listings come to us directly by the seller and are thoroughly screened before being posted publicly. We do not post unless we have been in contact with the seller in advance of posting publicly. This process may delay the display of your listing.

When you offer a vehicle for sale through our website, you must be prepared to sell that vehicle at the price at which, and the terms on which, you've listed it. You must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on Spindys.com, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller or for Spindys.com to communicate with the seller. You may not charge any potential buyer for information about any vehicle listed for sale on our website, nor may you use our website to promote, without our prior written permission, any other website, product or service. The listings we make available are available only to private sellers who want to list their vehicles for sale, and are not to be used to advertise more than one vehicle per ad. For this reason, you cannot edit your vehicle's Year, Make, or Model once you've purchased your ad. Always double-check this information before submitting your ad. By using our "Selling" service, you represent that you are not a motor vehicle dealer, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer. We reserve the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses our website in a manner we consider inappropriate.

When you list a vehicle for sale through Spindys.com, we may obtain additional distribution for your listing through our relationships with other websites. At this time, neither Spindys.com nor any website through which we distribute your listing charges you any additional fee for this additional exposure. It's just added value from Spindys.com.

Responsibility for the information contained in each listing lies with each seller. You alone are responsible for material you post. Nothing will undermine a user's confidence in the vehicle you're looking to sell faster than inaccurate statements or misleading representations about the vehicle. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat users of site fairly and honorably.

Though at times we may not be able to monitor every transaction that originates through a listing on our site, we may perform random quality assurance tests to confirm that those who offer vehicles for sale over our site are prepared to sell the vehicles they advertise at the prices at which, and the terms on which, they advertise them. Photos submitted as part of any ad placed through the Sell Your Car service must correspond to the actual vehicle being offering for sale. If we encounter a photo that we believe does not accurately represent the actual vehicle you are offering for sale through our service, we reserve the right to immediately remove such photo(s) and/or your corresponding ad. By using our any of our services, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in "bait and switch" or other unfair or deceptive practices, we reserve the right to deny that seller use of our website and service.

By placing an ad through Spindys.com, you agree to pay the fees specified regardless of whether your vehicle sells as a result of the listing. All fees will be applied against the form of payment you provide as part of the ad selection process and you agree to pay such fees. At our sole discretion, we reserve the right at any time to offer any of our services at a discount or to provide premiums and promotions as incentives, up to and including free services.

Any listing fees are generally not refundable, even if you provide erroneous information or fail to sell your vehicle.

3 - LINKS TO OTHER SITES AND SERVICES

For your convenience, we may make available a variety of links to other websites that we don't operate where you can obtain automotive related products and services. Although we encourage you to consult such websites we may list, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. We are not responsible for the products or services these vendors provide. If you choose to purchase an inspection through such a third-party website, remember that an inspection is not a warranty. Although inspections can be of significant value in the purchase of a pre-owned car, an inspection is not a guarantee that the inspected car is free from defects or that the inspectors have identified all existing defects. Before you purchase inspection services, you should confirm with the inspector the location at which the inspection will be conducted, the scope and price of the inspection, and any other information you consider important to your decision. You are responsible for coordinating and arranging for the inspection. You release us and our affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.

4 - INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You: Spindys.com is made available for your personal, non-commercial use only. The materials on this site are the property of us or our licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on our site should be sent to [email protected].

Limitations on Linking and Framing: You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by us or any of our affiliates. However, without our prior written permission, you may not frame any of the content of Spindys.com, nor incorporate into another website or other service any intellectual property of us or our licensors.

Trademarks: Spindys™, Spindys.com™, Spindy’s Classics & Collectibles™, Spindy’s Fine Art & Prints™ and associated logos are trademarks of Spindys. The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on this site without the prior written consent of the owner of the mark. All contents of this site are: Copyright © 2011 Spindy's Classics & Collectibles. All rights reserved.

Your License to Us: You may post listings, ratings, reviews, comments, photos, and other messages and content to our site as applicable so long as the content is not false, misleading, illegal, obscene, threatening, defamatory, invasive of privacy rights, infringing of copyright, trademark or other intellectual property rights, or otherwise injurious to us or third parties. By submitting any content to our site, you are permanently granting us and our affiliates, successors and licensees all rights to the material, including a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, distribute, display, market and promote such content throughout the world in any media without compensation to you, and to maintain the material in an archive. You further grant to us and our affiliates and successors the perpetual right to use your name, image and likeness in connection with such content, if we or they so choose, without compensation to you.

Notice of Copyright Infringement: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending email to [email protected].

5 - RESPONSIBILITY OF YOUR LISTING AND SUBMISSIONS

Our site permits users to submit vehicle listings for viewing by other users, and also may include a variety of features, such as discussion forums, photo- and video-sharing pages, email services and social networking features that allow feedback to us and allow users to interact with each other on the site and post content and materials for display on the site.

By submitting any content to our site, (i) you agree to abide by the terms of this Terms of Use Agreement and any rules or policies established by us for the area of our site in which you post your content; (ii) you represent and warrant that your submission does not contain any computer viruses, worms, or other damaging computer files or code; (iii) you represent and warrant that you own or otherwise control all of the rights (including any copyright, trademark, trade secret, patent or other intellectual property right) to the content that you submit; and (iv) you represent that the content is accurate and that the use of the content you submit does not violate this Terms of Use Agreement, any applicable laws or regulations or the rights, including intellectual property rights, of any third parties and will not cause injury to any person or entity. If you submit a vehicle rating and/or review, you represent that your submission is based on your own honest opinion, finding and/or experience, that you are not employed by the manufacturer of the vehicle you are rating or writing about and that you have not received and will not receive any compensation for your submission.

You also agree that you will not submit, post or otherwise make available on our site any content or material that:

infringes upon or violates the copyrights, trademarks, trade secrets or other intellectual property or proprietary rights of any person or entity;

is libelous

is obscene, pornographic, sexually explicit, profane, vulgar, tortious, or abusive;

violates a person's right to privacy or publicity;

violates any local, state, national, or international law;

advocates illegal or violent acts;

harasses, degrades, intimidates or is hateful toward an individual or a group of individuals on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, age or other classification;

is predatory, hateful, or intended to intimidate or harass;

misrepresents your identity or affiliation;

impersonates others;

is false, deceptive or misleading; or

otherwise interferes with the ability of others to enjoy the site.

You further agree that you will not collect personal data about, or the email addresses of, other site users for commercial or unlawful purposes or for purposes of sending unsolicited commercial email, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the site (such as submitting an excessive number of postings), or that otherwise negatively affects other users' ability to use the site.

Responsibility for what is posted on discussion forums, photo- and video-sharing pages, and other areas on the site through which users can supply information or material, or sent via any email services that are made available via the site, lies with each user. You alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the site.

Although we cannot monitor all the listings and content posted to our website, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings or materials that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Terms of Use Agreement, or to protect the rights, property or safety of visitors to our site. Notwithstanding the foregoing, we take no responsibility and assumes no liability for any content posted to our website by you or other third parties.

6 - DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION

If you rely on this website or any information available through this website, you do so at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or problems with the information provided on this site. Spindys.com is provided to you “AS IS”. Spindys.com does not warrant the accuracy, completeness, non-infringement, or current nature of the information available through this website (or any other information, goods or services that are referred to, advertised, or promoted on, or sold through this website). Nor do we guarantee that this website will be error free, or continuously available, or that the website will be free of viruses or other harmful components. Spindys.com will not be liable for any claims, actions or judgments arising out of or related to any content posted to our website by you or any other third party.

Under no circumstances will we or our affiliates, agents or licensors be liable to you or anyone else for any damages arising out of your use of this website or any product or service linked to, from, or advertised or promoted on this website, including, without limitation, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data), even if we are advised beforehand of the possibility of such damages. You agree that the liability of us and our affiliates, agents, and licensors, if any, arising out of any kind of legal claim arising out of or otherwise related to this website will not exceed that amount you paid, if any, for the use of the website out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

You agree to indemnify and hold harmless us, our affiliates, our service providers, and our and their respective employees, owners, representatives, and licensees, against any and all claims, of whatever nature, that arise out of any listing you place through our service or any content that you post on this site whether car related, collectibles, antiques, or other.

7 - MISCELLANEOUS

No spamming or data scraping. We want potential buyers visiting our site to feel free to share their email addresses with those listing vehicles for sale on our site and with us. By listing a vehicle for sale on this site, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that vehicle. By using this website, you agree not to use information concerning other users of the site, or the vehicles they've listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle.

Your interactions with companies, organizations and/or individuals found on or through our site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

8 - DISCLOSURE

By using this site, you agree to the Conditions of this Terms of Use Agreement as stated above. You also have read and agree to the Privacy Policy. Without limitation of the foregoing, you understand and agree that the information collected by Spindys.com may be stored for site communications only where the email address is concerned. All other personal information will be electronically discarded at the time any requested service has completed and the listing no longer resides on our site We also reserve the right to amend this Privacy Policy at any time without warning as applicable by law. Please do not use this web site if you do not agree to the terms and conditions of this Privacy Policy.