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Terms and Conditions:
              Welcome to Ibuyer.com (hereinafter referred to as the “Website”). By using the Website, you agree to be bound by the following terms and conditions (hereinafter referred to as the “Terms and Conditions”). Before you may become a member of the Website, you must read and accept all of the Terms and Conditions discussed below. The Terms and Conditions do not include our Privacy Policy, which can be accessed separately. If you do not agree to the Terms and Conditions, please do not use the Website. As the Terms and Conditions of the Website may change without warning and/or prior notice, it is your responsibility to review them periodically. If you continue to use the Website after the Terms and Conditions have been changed, modified, and/or altered, you agree to the modifications of said terms. Additionally, by accessing the pages or the information contained on the Website through any device or service, or by using the Website in any manner, you agree to be bound by the following Terms and Conditions. You may review these Terms and Conditions at any time by clicking on the Terms and Conditions link at the bottom of any page. In addition, if you visit any of our partners’ web sites or arrive at our Website through other websites, you may also be subject to the terms and conditions of that website as well. The Terms and Conditions will be effective as of 12:01 A.M. EST, January 1, 2009.
               Ibuyer, LLC and its officers, directors, employees, partners, principals, agents and representatives (collectively referred to as "Ibuyer") encourage and promote the Website as an interactive community of automotive buyers, sellers and enthusiasts dedicated to creating a reverse biding marketplace that not only acts as an environment for automobile buyer and sellers, but also fosters an exchange of ideas among automotive enthusiasts via chat rooms, blogs, forums, and private chats. The information on the Website is provided by its users and/or members and not by Ibuyer. Therefore, the information is provided to you on an “AS-IS” basis. Ibuyer gives no warranty of any kind in relation to said information provided on the Website by its users and/or members and disclaims any and all implied warranties, including, but not limited to, merchantability, non-infringement, and fitness for a particular purpose.
               You may browse the Website for free and without registering. However, you must register on the Website ("Registration") to use the blog, forum, and chat room services on the Website. During Registration you will be asked to provide information such as your legal name, address, telephone number and email address (“User Information”). You will also be asked to create an account consisting of a User ID and Password to identify yourself in future visits to the Website. As discussed further below, it is your responsibility to maintain the confidentiality of your User ID and Password and you agree to accept responsibility for all activities that occur under your User ID and Password. You may not transfer, assign or sell your User ID and Password to any third party.
               All of the information that you provide during Registration is collected according to the terms of our Privacy Policy available at http://www.ibuyer.com/User/PrivacyPolicy.aspx PLEASE NOTE: YOU MUST PROVIDE ACCURATE AND CURRENT INFORMATION TO US. IF YOU PROVIDE ANY INFORMATION THAT IS FALSE, MISLEADING, INACCURATE, NOT CURRENT OR INCOMPLETE DURING REGISTRATION OR OTHERWISE, IBUER HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICE (OR ANY PORTION THEREOF). ANY ACTIVITIES THAT ARE ILLEGALLY CARRIED ON WITHIN THE WEBSITE WILL BE REPORTED TO THE APPROPRIATE FEDERAL, STATE OR LOCAL AUTHORITIES.
MEMBERS AND/ USERS WHO VIOLATE THE TERMS AND CONDITIONS OF THE WEBSITE MAY BE PERMANENTLY BANNED FROM USING THE WEBSITE.
Basic Terms:
 
  Membership is void where prohibited.
  You must be at least 18 years of age to use the Website. By using and/or becoming a member of the Website, you represent and warrant that you are at least 18 years of age.
  You are responsible for any activity that occurs under your screen name.
  You are responsible for keeping your password secure.
  You are responsible for your conduct and any software files, text, sounds or other information (hereinafter referred to as "Content") transmitted, posted, linked or uploaded on or through the Website.
  You must not post, transmit, or facilitate the distribution any Content, which can be considered defamatory, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, pornographic, obscene, objectionable, or otherwise offensive to other users and/or members. If you see any Content that can be classified and/or considered as such, please Alert Us immediately.
   
  Harassment of another Ibuyer.com member / user is not permitted. Harassment constitutes: saying bad things about them; sending them unwanted messages; attacking their race, heritage, etc. Unsolicited "spam" messages are also not permitted unless expressly authorized by the recipient. While we encourage you to introduce yourself to other members / users, please respect their wishes if they do not want you to send them email. If you feel that another member / user is harassing you, please Alert Us by filling out a member abuse report.
  Please remember that not everyone likes being put on a Friend's list. Please comply with a member’s / user's wishes if they request to be removed from your Friend's list. As a member / user, you have the right to refuse being saved to someone else's Friend's list. If another user refuses to remove you from their Favorite's list, please Alert Us and we will remove your name.
  You may not use any automatic or manual process to monitor or copy any portion of the Website without Ibuyer’s prior written permission.
  You may not use the Website in any manner which violates, or proposes a transaction which, if consummated, would violate the trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other proprietary rights of Ibuyer or any third party.
  Your use of the Site is at all times governed by and subject to applicable U.S. and International law regarding copyright ownership and use of intellectual property.
  You may not upload, download, display, perform, transmit or otherwise distribute any information, content, goods or merchandise in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights.
  You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any information, content, goods or merchandise you provide, transmit, distribute or sell, or that is provided, transmitted, distributed or sold using your User ID.
  The sale of unauthorized, counterfeit or replica products is strictly prohibited
  You may not use a third party’s trademark, trade dress, and/or copyright in connection with non-genuine goods.
  You may not impersonate anyone.
  You may not post Content regarding an item you do not own, unless you are the legally authorized agent of the owner for purposes of selling the item.
  You may not post Content you do not own and/or do not have permission to use.
  You may not attempt to get a password, other account information, or other private information from a member, or harvest email addresses or other information.
  You may not post any unsolicited advertising, promotional materials, or any other forms of solicitation.
  You may not use the Website as a generic image hosting service. Professional or corporate uses of the Service are prohibited.
  You may not use the Website for any illegal or unauthorized purpose(s).
  You may not distribute or post spam, chain letters, or pyramid schemes;
  You may not transmit any worms or viruses or any code of a destructive nature;
  You may not transfer your Website account and User ID to another party without our consent;
  You may not copy, modify, or distribute Content from the Website and Ibuyer’s copyrights and trademarks;
  You may not modify, adapt, alter, change, amend, vary, transform, revise and/or tamper with the Website code;
  You may not utilize the Website code to offer any additional services; or
  You may not violate or attempt to violate any security features of the Website, including, without limitation, (i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing”; (iv) using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Website; or (vi) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Ibuyer in providing the Website. Any violation of system or network security may subject you to civil and/or criminal liability.
  You may not use the Website to violate any laws in your jurisdiction.
Conduct and Content:
               The Website acts as an interactive community of car buyers, sellers and enthusiasts dedicated to creating a reverse biding marketplace that not only acts as an environment for automobile buyer and sellers, but also fosters an exchange of ideas among car and truck enthusiasts via chat rooms, blogs, forums, and private chats. The IBuyer only provides a service and is not involved in any transaction between buyers and sellers who use the Website. Since there are risks that you assume when dealing with foreign nationals or those who may be acting under false pretenses, Ibuyer encourages you to communicate directly with potential buyers or sellers through the features available on the Website. Further, Ibuyer cannot prevent members/users from placing prohibited content on the Website. However, Ibuyer reserves the right to edit any Content displayed, uploaded to, distributed, or otherwise published through the Website. Ibuyer will immediately take down any information from the Website that is found to be questionable in content, potentially discriminating, or infringing the Intellectual Property Rights of third parties. (See Take-Down Policy Below).
            FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE GOOD(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE!
               By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other Content to any part of the Website, you represent and warrant that neither the Content, nor any part thereof, infringe the statutory and/or common-law Intellectual Property Rights of third parties, including, but not limited to, patents, trademarks, copyrights, trade secrets, privacy and/or publicity rights. Further, by posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other Content to the Website, you are granting IBuyer a license to use said Content in connection with the operation of the Website. You will not be compensated for any User Content.
               You hereby grant to Ibuyer a non-exclusive, worldwide, fully paid-up license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content posted on the Website (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content.
Notice and takedown policy:
               Ibuyer respects the Intellectual Property Rights of third parties. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(3), if you believe that your content has been copied in a way that constitutes trademark and/or copyright infringement, please Alert Us by stating the following:
1.   Your contact details.
2.   A description of the Content.
3.   The website address (URL) where the Content is or, alternatively, the date when it was uploaded.
4.   An explanation of why the Content should not be on the Website.
5.   A statement that, under penalty of perjury, you are the owner of the Intellectual Property Rights or are authorized to act for the owner of the Intellectual Property Rights in the Content.
   The process for handling requests to remove Content from the Website is as follows:
1.   You will be notified as soon as possible of our receipt of your email; usually within a day.
2.   The Content will be removed as soon as possible.
3.   Ibuyer will retain the email stating that you are the owner of the Intellectual Property Rights of said Content or the representative and why the item should be removed.
4.   If you are identified as selling unauthorized goods, Ibuyer reserves the right to disclose your identity and contact information, including any aliases or alternate IDs or email addresses that you may have previously used, upon request of the trademark owner, and to assist in any prosecution. This disclosure may be made without notice to you.
Proprietary Rights in Website Content:
               All content on the Website and available through the Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement are the proprietary property of the Ibuyer, its users or its licensors with all rights reserved. No such content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Ibuyer's prior written permission, except that the foregoing does not apply to the Content (as defined above) that you legally post on the Website.
               After becoming a member of the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Website solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Such limited license is subject to these Terms and Conditions and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Except for your own Content, you may not upload or republish content and/or code from the Website on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Such use of content from the Website is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Nothing in these Terms and Conditions shall be construed as conferring any license to Ibuyer’s Intellectual Property Rights. This limited license is revocable at any time without notice and with or without cause.
General:
               The Terms and Conditions of the Website, described herein, are independent of each other and, as such, are severable. Said Terms and Conditions described herein are fair, reasonable and in accordance with governing law, however, should any provision, by a court of competent jurisdiction, be held or become invalid or unenforceable, in whole or in part, then such invalidity or unenforceability shall affect only such provision. To the extent legally permissible, an arrangement which most closely reflects the original intent of the parties in the provision declared invalid or unenforceable shall be substituted for such invalid or unenforceable provision.
               Any delay or failure on the part of Ibuyer to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.
               You represent and warrant that your User Information is not false, inaccurate, incomplete or misleading and is not fraudulent and does not involve the sale of counterfeit or stolen items.
               You represent and warrant that your Content (i) does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iii) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; (iv) is not obscene and does not contain child pornography; (v) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) does not create liability for Ibuyer nor cause Ibuyer to lose (in whole or in part) the services of our ISPs or other suppliers; and (vii) does not link directly or indirectly to another web site. You agree not to make use of any other user’s User Information other than as necessary to complete any transactions in which You and the subject of the User Information are involved.
               You agree to indemnify Ibuyer and hold Ibuyer harmless against any loss, liability, demand, action, suit, claim, costs and expenses, including reasonable attorneys’ fees, or proceeding alleging facts that: (1) (if true) would constitute a breach of any provision contained in these Terms and Conditions; (2) arise from the unlawful and/or illegal use of any third party Content; (3) arise from your use of the Website; (4) arise from your conduct in relation third parties; or (5) arise from the violation of any law or third party rights
               You acknowledge and agree that since a Member on the Website may submit multiple offers to other Members to purchase and/or sell an item, the item is purchased and/or sold on a first come first serve basis.
               You acknowledge and agree that Ibuyer is not a party to any contract and/or agreement made between Members of the Website.
               Further, since Ibuyer is not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Ibuyer from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him must have materially affected his settlement with the debtor.”
               Ibuyer is not liable under these Terms and Conditions for any injury you may suffer or allege to suffer as a User of this Website. In the event, however, that you wish to assert any claim against Ibuyer for any purpose whatsoever, you expressly agree that such dispute will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("ADR"). The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims you bring against Ibuyer must be resolved in accordance with this Section, as any claims filed or brought contrary to this Section shall be considered improperly filed. Should you improperly file a claim, Ibuyer shall recover attorneys' fees and costs up to $1000, provided that Ibuyer has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
               You agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. Legal action taken by Ibuyer to collect fees and/or recover damages for, or obtain an injunction relating to, the Website operations, intellectual property, and our Services shall not be subject to the foregoing restrictions.
               The Terms and Conditions shall be exclusively governed by, interpreted under, and construed and enforced in accordance with the laws of the State of Florida, applicable to agreements made and to be performed wholly within the State of Florida, without regard to other principals and choice of laws. In the event a judicial proceeding is necessary, the sole and exclusive forums for resolving disputes arising under or related to this Contract are the 17th Judicial Circuit Court of the State of Florida in and for Broward County, or the Federal District Court for the Southern District of Florida, and all related appellate courts. The parties hereby consent to the jurisdiction of such courts, and agree that venue shall be in the aforesaid state, county and district.
               No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions
               Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, trade dress, service marks, copyrights or logos owned by Ibuyer or by any third party.
               Except as explicitly stated otherwise, legal notices shall be served on Ibuyer's registered agent or to the email address you provide to Ibuyer during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
              All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms and Conditions, including without limitation all of the user's representations, warranties and indemnification obligations.
Disclaimer of Warranties:
             YOU AGREE THAT USE OF OUR SERVICE IS AT YOUR SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. NETVEHICLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
             IBUYER MAKES NO WARRANTY THAT THE SERVICE WILL SATISFY YOUR REQUIREMENTS, OR THAT OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES IBUYER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.
             YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IBUYER OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY. NOT EXPRESSLY STATED HEREIN.
Limitation of Liability and Release:
             To the full extent permissible under the applicable law, you will not hold Ibuyer responsible for other users' content, actions or inactions, or items they list. You agree and acknowledge that the Website is merely an online marketplace where buyers and sellers can meet and exchange ideas about cars and trucks. Ibuyer is not involved in the actual transaction between buyers and sellers. Ibuyer has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
             Further, in no event shall Ibuyer have any liability for any incidental, consequential, or indirect damages (including, but not limited to, damages relating to loss of business, profits, goodwill, data, programs or information, and the like) arising out of the use of or inability to use the Website or any information, advice, or services provided on or downloaded from the Website or accessed on the Internet from the Website, even if advised of the possibility of such damages and regardless of the cause of action under which such damages are sought, including, without limitation, breach of contract, negligence or other tort. Because some states do not allow the exclusion of implied warranties or the limitation of liability for sequential or incidental damages, the above exclusions and limitations may not apply to you. In such states, if Ibuyer is found to be liable, Ibuyer’s liability to you or to any third party is limited to the greater of (a) $100 or the extent permitted by law.
              If you have a dispute with one or more users, you release Ibuyer from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Links to Third Party Sites:
            The Website contains links to third-party websites and other resources. Ibuyer assumes no responsibility for the availability or content of these outside sites and resources. Therefore, any concerns a user may have regarding any other site should be directed to the relevant site administrator or Webmaster.
            The information, advice, facts, opinions or other content appearing on said third party websites are those of the respective authors and do not reflect the views of Ibuyer. Further, any third-party sites to which the Website may link are not under Ibuyer's control, and Ibuyer does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, Ibuyer does not intend links contained on the Website to be referrals to, or endorsements of, the linked third-party websites or the entities that operate them, and such links are provided for convenience only.
E-Mail Newsletters:
            By joining as a member, you are agreeing to be added as a subscriber to our newsletter (at no cost). These newsletters may include special offers or incentives from the Website operated by Ibuyer or from select partners. Ibuyer will not share your e-mail or any portion of your registration information with any third parties. With each e-mail newsletter, you will be given the opportunity to opt-out of receiving any future promotional communications.
            We are looking forward to serving you to the best of our ability and we welcome you to the Ibuyer community!
            BY USING IBUYER’S WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.