Our Terms of Service
Updated October 1, 2011
Introduction and Agreement.This website (the "Site") is
owned and operated by Modifiedcartrader.com, a division of Motor Mechanics. These
Terms of Service apply to
Modifiedcartrader.com,
as well as Modifiedtrucktrader.com, modifiedmototrader.com and enthuzia.com. You
may have arrived at a co-branded version of the Site from an Affiliate's website,
in which case, that Affiliate will be identified at the top of this page. By using
the Site, you hereby agree that you are at least eighteen (14) years of age and
bound by all of the following provisions of these Terms of Service.
Modifiedcartrader.com Is an Advertising and Social media Service.
Modifiedcartrader.com operates the Site as an online advertising and research service
for car buyers, sellers and enthusiasts. Modifiedcartrader.com does not sell vehicles
directly and is never a party to any transaction between buyers and sellers. As
a result, Modifiedcartrader.com does not (a) guarantee or ensure any vehicle or
any transaction between a buyer and seller, (b) collect or process payment or transfer
of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver
any vehicles.
Site Content. All information and content available on this
Site (collectively, "Content") is protected by copyright and other intellectual
property laws. The Content is owned by Modifiedcartrader.com, its Affiliates, and/or
their respective licensors and suppliers (collectively, "Licensors"). The Content
is intended for personal and noncommercial use only. While you may interact with
or download a single copy of any portion of the Content for your personal and noncommercial
entertainment, information or use, you may not reproduce, sell, publish, distribute,
modify, display, perform, re-post or otherwise use any portion of the Content in
any other way or for any other purpose without the prior written consent of Modifiedcartrader.com.
Requests regarding use of the Content for any purpose other than personal, noncommercial
use should be directed to Permissions, Modifiedcartrader.com, 2 Mint Plaza #201 San Francisco CA 94103.
Copyrights and Copyright Agents. It is the policy of Modifiedcartrader.com
to respond to claims of intellectual property infringement. Modifiedcartrader.com
will promptly process and investigate notices of alleged infringement and take appropriate
actions under the Digital Millennium Copyright Act, Title 17, United States Code,
Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant
to the DMCA, notifications of claimed copyright infringement should be sent to a
Service Provider's Designated Agent. Notification must be submitted to the following
Designated Agent for this Site:
Motor Mechanics
Legal Office
2 Mint Plaza
#201
San Francisco CA 94103
USA
Email:
[email protected]
Trademarks. You acknowledge that the Content includes certain
trademarks and service marks owned by Modifiedcartrader.com, Affiliates, Licensors
and others. You agree not to copy, use or otherwise infringe upon or dilute these
trademarks or service marks. You further agree that you will not alter or remove
any trademark, copyright or other notice from any copies of the Content. The "Modifiedcartrader.com"
name and logo are trademarks of Motor Mechanics.
Software. Please note that all software programming, including
without limitation all HTML and other code contained in this Site (collectively,
"Software"), is owned by Modifiedcartrader.com and/or its Licensors and is protected
by copyright laws and other intellectual property laws, as well as international
treaty provisions. Any unauthorized access to, reproduction, redistribution, publication,
display or other use of the Software is expressly prohibited by law and may result
in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum
extent possible.
Linking. If you operate a website and wish to link to the
Site, you must link to the Site's home page unless permission otherwise has been
granted in writing by Modifiedcartrader.com. Modifiedcartrader.com reserves the
right to reject or terminate any links to the Content or the Site.
User Materials. By submitting ads, content, photos, data
or other materials ("Materials") to the Site, you hereby grant to Modifiedcartrader.com
and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable,
fully sublicensable right and license to copy, modify, display, distribute, perform,
create derivative works from, and otherwise use and exploit all such Materials in
any form, media, software or technology of any kind now existing or developed in
the future. You further grant to Modifiedcartrader.com and its Affiliates a royalty-free
right and license to use your name, image and likeness in connection with the reproduction
or distribution of the Materials.
Interactive Forums. This Site may offer message boards,
bulletin boards, chat rooms or other forums (collectively, "Forums") to give Users
18 years of age and older an interesting and stimulating forum in which they can
express their opinions and share their ideas. Modifiedcartrader.com and its Affiliates
do not endorse the accuracy or reliability of any advice, opinion, statement or
information posted on these Forums. Please use your best judgment, and be respectful
of other individuals using these Forums. By posting a message in the Forum, you
agree to abide by these Terms of Service. You may not use the Site's Forums to engage
in any Prohibited Activities (as defined below). Uploading copyrighted or other
proprietary Material of any kind on the Site without the express permission of the
owner of that Material is prohibited and may result in civil and/or criminal liability.
Modifiedcartrader.com Rights. Given the nature of the Site
and the volume of messages and postings, Modifiedcartrader.com cannot and does not
monitor all of the Materials posted or transmitted by you and other third-party
information providers. Modifiedcartrader.com reserves the right, in its sole discretion,
to monitor, refuse to publish, remove, delete, move or edit any Materials without
notice, at any time for any reason. By using the Site, you expressly agree that
Modifiedcartrader.com (a) will not be liable to any claims, actions or judgments
arising out of or related to any Materials and (b) may monitor, refuse to publish,
remove, delete, move or edit any Materials without notice at any time for any reason,
without liability and without providing a refund.
Unsolicited Materials. Modifiedcartrader.com does not accept
unsolicited materials or ideas for use or publication in its programming or in other
digital, electronic or print media except in connection with the Forums, chat rooms
and bulletin boards on the Site. Modifiedcartrader.com and the Affiliates shall
not be responsible for the similarity of any of its content or programming in any
media to Materials or ideas transmitted to the Site.
Representations/Indemnity. You hereby represent and warrant
that (a) you have all necessary authority, rights and permissions to submit the
Materials to the Site, (b) the Materials do not and will not infringe or misappropriate
any copyright, trademark, trade secret, patent or other intellectual property right
of any third party, including any rights of privacy or publicity, and (c) the Materials
do not and will not violate any applicable law or regulation including, but not
limited to, any automobile advertising laws or regulations, or cause injury to any
person. You agree to release, defend, indemnify and hold Modifiedcartrader.com,
its Affiliates, the Licensors, and their respective officers, directors, employees,
agents and contractors harmless from and against any and all claims, costs, demands
or expenses, including attorneys' fees, arising from (i) any distribution, publication,
refusal to publish, removal, deletion, movement, editing or other use of the Materials
you provide, (ii) your use of the Site or any reliance on the Content, (iii) your
breach of these Terms of Service or (iv) any actual, prospective or terminated sale
or other transaction between you and a third party.
Prohibited Activities. The following is a partial list of
the kinds of activities that are prohibited on or through the Site: (a) submitting
Material that is patently offensive to the online community, such as content that
promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual; (b) engaging in activities or submitting Material that could be harmful
to minors; (c) engaging in activity or submitting Material that harasses or advocates
harassment of another person; (d) engaging in activity that involves the transmission
of "junk mail" or unsolicited mass mailing or "spam" to Modifiedcartrader.com Users
or others; (e) engaging in activity or submitting Material, or promoting information,
that is fraudulent, false or misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material
that contains restricted or password-only access pages, or hidden pages or images;
(g) submitting Material that displays pornographic or sexually explicit material
of any kind; (h) submitting Material that provides instructional information about
illegal activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses; (i) engaging in activities or
submitting Materials that solicit passwords or personally identifiable information
for unlawful purposes from other Users; (j) engaging in commercial activities and/or
sales without our prior written consent, such as contests, sweepstakes, barter,
advertising and pyramid schemes; (k) using the Site's lead forms and/or toll-free
numbers to advertise or promote products and services to Modifiedcartrader.com advertisers;
(l) using any robot, spider or other automatic device, or a manual process, to monitor
or copy web pages or the Content contained in the Site or for any other unauthorized
purpose without our prior expressed written permission; (m) using any device, software
or routine to interfere or attempt to interfere with the proper working of the Site;
(n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain
the source code for the Software; or (o) taking any action that imposes an unreasonable
or disproportionately large load on Modifiedcartrader.com's hardware and software
infrastructure (collectively, "Prohibited Activities").
Sell It Yourself Rules. By listing your vehicle for sale
through the Site's Private Owner classifieds service (the "Listing Service"), you
acknowledge and agree to all Private Classifieds Terms and Conditions.
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE
SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. Modifiedcartrader.com, ITS
AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS
OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS,
THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING.
THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED
ON AN "AS IS, AS AVAILABLE" BASIS, AND Modifiedcartrader.com, ITS AFFILIATES AND
THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS
OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR
A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT.
ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER
OR OTHER THIRD PARTIES. Modifiedcartrader.com AND THE AFFILIATES MAKE NO REPRESENTATIONS
OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER
OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS
TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON
THE SITE. Modifiedcartrader.com CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY
OR COMPLETENESS OF SUCH INFORMATION. Modifiedcartrader.com RESERVES THE RIGHT, IN
ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT.
ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES
REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE.
EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT YOURSELF TERMS AND CONDITIONS, Modifiedcartrader.com
DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES
TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS,
WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE
FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED
BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR PURPOSES OF
THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states
do not allow the disclaimer of implied warranties, so the foregoing disclaimer may
not apply to you.
Limitation of Liability. Modifiedcartrader.com, ITS AFFILIATES,
AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS
SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING
FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE,
THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING
FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF Modifiedcartrader.com,
ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND
THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF
THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some
states do not allow the exclusion or limitation of incidental or consequential damages
of implied warranties, so the above exclusion or limitation may not apply to you.
Termination of Service. You understand and agree that in
Modifiedcartrader.com's sole discretion, and without prior notice, your access to
this Site may be terminated or suspended, and Modifiedcartrader.com may exercise
any other remedy available and remove any Materials, if Modifiedcartrader.com believes
that your use of the Site and/or any Materials you provide (a) violate (i) these
Terms of Service, (ii) the rights of Modifiedcartrader.com, any Affiliate or Licensor,
or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable
or inappropriate or (b) constitute fraudulent activity of any nature. You agree
that monetary damages may not provide a sufficient remedy to Modifiedcartrader.com
for violations of these Terms of Service, and you consent to injunctive or other
equitable relief for such violations without the requirement that Modifiedcartrader.com
post a bond. Modifiedcartrader.com is not required to provide any refund to you
if you are terminated as an authorized User of the Site because, in Modifiedcartrader.com's
sole discretion, you have violated these Terms of Service.
Miscellaneous. These Terms of Service may be changed at
any time and you will be notified of any such changes by an updated posting of the
new Terms of Service on this page of the Site. Your continued use of the Site after
the posting of any amended Terms of Service shall constitute your agreement to be
bound by any such changes. Modifiedcartrader.com may modify, suspend, discontinue
or restrict the use of any portion of the Site without notice or liability. This
Site includes links to other websites not established or supervised by Modifiedcartrader.com
or any Affiliate. Modifiedcartrader.com and its Affiliates do not endorse, sponsor
or guarantee these linked websites and are not responsible in any way for any advice,
content, information, practices, products or services related to or made available
through such linked websites. These Terms of Service will be governed by and construed
in accordance with the laws of the State of Illinois without regard to its conflicts
of law provisions. You hereby agree that any cause of action you may have with respect
to the Site must be exclusively filed in the federal or state courts located in
Fulton County, Georgia, within one (1) year after the cause of action arises or
the cause is barred. You hereby consent to personal jurisdiction in the federal
and state courts in Fulton County, Georgia, and waive any objection based on forum
non conveniens. As a condition of using this Site, you agree that all causes of
action arising out of or connected with this Site shall be resolved individually,
without resort to any form of class action. If for any reason a court of competent
jurisdiction finds any provision of these Terms of Service, or portion thereof,
to be unenforceable, that provision of these Terms of Service will be enforced to
the maximum extent permissible so as to affect the intent of the parties, and the
remainder of these Terms of Service will continue in full force and effect. Failure
by Modifiedcartrader.com to enforce any provision of this Terms of Service will
not be deemed a waiver of future enforcement of that or any other provision of these
Terms of Service. This Terms of Service constitutes the entire agreement between
the parties regarding the subject matter hereof. Neither this Terms of Service,
nor any terms and conditions contained herein, shall be construed as creating a
partnership, joint venture or agency relationship or granting a franchise between
the parties.
©2010 Modifiedcartrader.com
