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Terms and Conditions: |
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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. |
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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.
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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.
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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. |
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MEMBERS AND/ USERS WHO VIOLATE THE TERMS AND CONDITIONS OF THE WEBSITE MAY BE PERMANENTLY
BANNED FROM USING THE WEBSITE. |
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Basic Terms: |
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Membership is void where prohibited.
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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.
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You are responsible for any activity that occurs under your screen name.
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You are responsible for keeping your password secure. |
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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.
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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. |
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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.
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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. |
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You may not use any automatic or manual process to monitor or copy any portion of
the Website without Ibuyer’s prior written permission.
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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.
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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.
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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.
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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.
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The sale of unauthorized, counterfeit or replica products is strictly prohibited |
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You may not use a third party’s trademark, trade dress, and/or copyright in
connection with non-genuine goods.
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You may not impersonate anyone. |
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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.
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You may not post Content you do not own and/or do not have permission to use. |
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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.
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You may not post any unsolicited advertising, promotional materials, or any other
forms of solicitation.
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You may not use the Website as a generic image hosting service. Professional or
corporate uses of the Service are prohibited.
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You may not use the Website for any illegal or unauthorized purpose(s).
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You may not distribute or post spam, chain letters, or pyramid schemes; |
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You may not transmit any worms or viruses or any code of a destructive nature; |
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You may not transfer your Website account and User ID to another party without our
consent; |
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You may not copy, modify, or distribute Content from the Website and Ibuyer’s
copyrights and trademarks; |
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You may not modify, adapt, alter, change, amend, vary, transform, revise and/or
tamper with the Website code;
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You may not utilize the Website code to offer any additional services; or |
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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.
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You may not use the Website to violate any laws in your jurisdiction. |
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Conduct and Content: |
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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).
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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! |
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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.
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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. |
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Notice and takedown policy:
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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: |
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Your contact details. |
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A description of the Content. |
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The website address (URL) where the Content is or, alternatively, the date when
it was uploaded. |
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An explanation of why the Content should not be on the Website. |
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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. |
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The process for handling requests to remove Content from the Website
is as follows: |
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You will be notified as soon as possible of our receipt of your email; usually within
a day. |
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The Content will be removed as soon as possible. |
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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. |
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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.
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Proprietary Rights in Website Content: |
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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.
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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. |
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General: |
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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. |
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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. |
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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. |
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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. |
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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 |
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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. |
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You
acknowledge and agree that Ibuyer is not a party to any contract and/or agreement
made between Members of the Website. |
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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.” |
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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.
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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.
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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. |
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No
agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by these Terms and Conditions |
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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.
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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.
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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. |
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Disclaimer of Warranties: |
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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. |
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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. |
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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. |
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Limitation of Liability and Release: |
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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.
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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. |
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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. |
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Links to Third Party Sites: |
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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. |
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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. |
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E-Mail Newsletters: |
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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. |
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We are looking
forward to serving you to the best of our ability and we welcome you to the Ibuyer
community! |
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BY USING
IBUYER’S WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND
AGREE TO BE BOUND BY THEM.
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