Terms of Use
ACCEPTANCE
We at AutoWhat.com provides a automotive classified ads site, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"). By using the Service in any way, you are agreeing to comply with TERMS. In addition, when using particular AutoWhat.com services, you agree to abide by any applicable posted guidelines for all of AutoWhat.com services, which may change from time to time. Should you object to any term or condition of AutoWhat.com in any way, your only recourse is to immediately discontinue use of AutoWhat.com.
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof.
CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that AutoWhat.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the AutoWhat.com site and Content available through the Service may contain links to other websites, which are completely independent of AutoWhat.com. AutoWhat.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of Content, that you may not rely on said Content, and that under no circumstances will AutoWhat.com be liable in any way for the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that AutoWhat.com does not pre-screen or approve Content, but that AutoWhat.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU any other reason.
THIRD PARTY CONTENT, SITES, AND SERVICES
The AutoWhat.com site and Content available through the Service may contain features and functionalities that link you or provide you with access to third party content which is completely independent of AutoWhat.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interaction with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, is solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that AutoWhat.com shall not be responsible or liable for loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that AutoWhat.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Autowhat.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify AutoWhat.com http://www.autowhat.com/contact/
PRIVACY AND INFORMATION USE
AutoWhat.com has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:
http://www.autowhat.com/privacy/
Your use of AutoWhat.com website or the Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that AutoWhat.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other users information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TERMS; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as of harassment; protect the rights, property, or personal safety of AutoWhat.com, its users or the general public.
USE OF SITE AND SERVICES
You agree not to post, email, or otherwise make available Content or a link to the Content:
* that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
* that is nude, pornographic acts
* that harasses, degrades, intimidates or is hatful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
* that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationship;
* that constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain letters", "pyramid schemes", unsolicited commercial advertisement, doorway pages, cloned websites, self-replicated website, Made for Adsense(MFA) website, made for any other PPC engines website, payment requirement to get a job;
* that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* that disrupt the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users ability to use the Service; or
* that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
* contact anyone who has asked not to be contacted;
* "stalk" or otherwise harass anyone;
* collect personal data about other users for commercial or unlawful purposes;
* use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by AutoWhat.com;
* post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
* post the same item or service in more than one classified category or forum, or in more than one metropolitan areas;
* attempt to gain unauthorized access to AutoWhat.com computer system or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Autowhat.com website; or
* use any form of automated device or computer program that enable the submission of postings on AutoWhat.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in link, or for automatic submission of postings at regular intervals.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to AutoWhat.com email addresses or through AutoWhat.com computer system, which is expressly prohibited by these TERMS. Any unauthorized use of AutoWhat.com computer systems is a violation of the TERMS and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. #1030 et seq.), and other criminal laws State and Federal, and may also result in civil liability. Such violations may subject the sender and his or her agents to civil and criminal penalties.
REFUND POLICY
All fees (subscriptions, paid ads, featured ads) are non-refundable after services provided even if Content is removed or service(s) terminated for violating the TERMS.
LIMITATION ON SERVICE
You acknowledge that AutoWhat.com may establish limits concerning use of the Service, including the maximum number of that Content will be retained by the Service, the maximum number of accounts per person, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that AutoWhat.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that AutoWhat.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that AutoWhat.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ACCESS TO THE SERVICE
AutoWhat.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use in a limited way. This license does not include: (a) access to the Service by Posting Agent; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Autowhat.com A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset off classified listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
TERMINATION OF SERVICE
You agree that AutoWhat.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if AutoWhat.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that AutoWhat.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE DOMESTICSALE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE DOMESTICSALE SITE OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE DOMESTICSALE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS ON LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY
You agree to indemnify and hold AutoWhat.com its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
VIOLATION OF TERMS
Please report any violations of the TERMS, by flagging the posting(s) for review.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
IF YOU DO NOT AGREE WITH DOMESTICSALE TERMS OF USE PLEASE LEAVE THIS WEBSITE