The MuscleCar Place, LLC Terms and Conditions Agreement
Welcome to The MuscleCar Place (www.themusclecarplace.com). By accessing this website, you agree to be bound by the Terms and Conditions appearing in this document. Please read the following terms and conditions carefully. Your use of the services provided by this website or any of its subsidiaries (the “Service”) is specifically conditioned upon your agreement to the Terms and Conditions contained in this Terms and Conditions Agreement (the “Agreement”). By using the Service, you are agreeing to all of the terms contained in this Agreement. When using this site, you may be subject to other posted guidelines or rules applicable to certain services available on the site. All such guidelines and rules, and all policies and guidelines that are referenced herein, are part of this Agreement. Accessing this site in any manner, even through automated means, constitutes your use of the site and your agreement to be bound by this Agreement.
Throughout this Agreement, the words “we,” “us,” “our”, and “ours” refer to The MuscleCar Place, LLC and its officers, employees, consultants, and subsidiaries. The words “you,” “your,” and “yours” refer to you, a user of this website.
We may at any time, and without notice, modify, update, or otherwise change the terms of this Agreement, and you agree to be bound by such changes. Accordingly, we encourage you to visit the Site from time to time to review the current Terms and Conditions.
Purchasing and Selling Vehicles
The MuscleCar Place, LLC (www.themusclecarplace.com) is a vehicle listing and information service. Information about a particular vehicle is supplied solely by the seller. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on this website often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Though we assume that all who come to our website will act and induct themselves in an honorable fashion, we cannot verify the information sellers supply or guarantee the vehicles they offer. We also cannot assure the seller of a vehicle that payment from the buyer will always proceed without issue. When using this website to find a buyer for your vehicle or a vehicle you can buy, we urge you to use the same common sense and good judgment when purchasing any large-ticket used item.
Some listings may be screened before being posted publicly in order to fight internet fraud. This process may delay display of your listing. We may also screen email messages sent to sellers about vehicles listed on our site. If it appears that your email message has not reached the seller of the vehicle you’re inquiring about, attempt to contact the seller via telephone or other method.
When you offer a vehicle for sale through our website, you must be prepared to sell that vehicle at the price at which, and the terms on which, you’ve listed it. You must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on www.themusclecarplace.com, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any vehicle listed for sale on our website, nor may you use our website to promote, without our prior written permission, any other website, product or service. The listings we make available are available only to sellers who want to list their vehicles for sale, and are not to be used to advertise more than one vehicle per ad purchased, regardless of ad duration. We reserve the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses our website in a manner we consider inappropriate. Responsibility for the information contained in each listing lies with each seller.
Though we can’t monitor every transaction that originates through a listing on our site, we may perform random quality assurance tests to confirm that those who offer vehicles for sale over our site are prepared to sell the vehicles they advertise at the prices at which, and the terms on which, they advertise them. Photos submitted as part of any ad must correspond to the actual vehicle being offering for sale. If we encounter a photo that we believe does not accurately represent the actual vehicle you are offering for sale, we reserve the right to immediately remove such photo(s) and/or your corresponding ad. We reserve the right to deny any seller use of our website and service should we determine that any willful dishonesty has taken place.
By placing an ad through our website, you agree to pay the fee for your ad, regardless of whether your vehicle sells as a result of the listing. All fees will be applied against the form of payment you provide as part of the ad selection process and you agree to pay such fees. At our sole discretion, we reserve the right at any time to offer our service at a discount or to provide premiums and promotions as incentives including offering our service for no charge.
Any and all intellectual property rights associated with the Service and the Network and its affiliates-including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade dress, trade secrets, and copyrights-are the sole property of The MuscleCar Place, LLC, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without our written permission. Except as provided herein, we do not grant to you any express or implied rights to our intellectual property. Any rights associated with content that is transmitted, downloaded, or otherwise processed by the Service shall be retained by the content owner, if any, and may be protected by applicable copyright, trademark, or other laws. For the purposes of this Agreement, the term “Content” refers to any of the various information, files, data, and media types which can be sent, received, or processed by the Service in accordance with a variety of protocols, including, without limitation, text, graphics, video, audio, streaming media, e-mail, chat, HTML, instant messaging, and the like. This Agreement gives you no rights in and to such Content. To the extent that you own any rights in Content that you provide to us, you hereby grant to us a non-exclusive, irrevocable, royalty-free, paid-up license to use, copy, publish, distribute, publicly perform, publicly display, create derivative works or otherwise exploit any Content that is provided during your use of the Service.
You agree that we, in our sole discretion, may terminate your use of and access to all or a portion of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, or if we believe that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third party as a result of our termination of your access to the Service.
Parties other than us and our subsidiaries may operate stores, provide services, or sell product lines on the Service. Additionally, the Service may offer links to the websites of affiliated companies and certain other businesses. We shall not be responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their respective websites. We assume no responsibility or liability for the actions, product, and content of all these and any other third parties. You explicitly agree to carefully review their privacy statements and other conditions of use.
If you choose to purchase an inspection through such a third-party website, remember that an inspection is not a warranty. Although inspections can be of significant value in the purchase of a pre-owned car, an inspection is not a guarantee that the inspected car is free from defects or that the inspectors have identified all existing defects. You are responsible for coordinating and arranging for the inspection. You release us and our affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.
To obtain access to certain services on our site, you will be given an opportunity to register with us. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing our site through any username/password assigned to you. We reserve the right to suspend and/or terminate your account with The MuscleCar Place, and/or to delete and destroy any content or other information you have posted to the site, at any time, for any or no reason, in our sole discretion.
In consideration for your use of the Service, you agree to provide true, current, accurate, and complete information about yourself as requested, and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the Service in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any Content that you upload, download, transmit or otherwise process using the Service.
You explicitly agree not to:
-Transmit any data, text, video, audio, software, or other Content that is offensive, obscene, pornographic, inflammatory, harassing, threatening, tortuous, invasive of another’s privacy, abusive, hateful, defamatory, harmful to minors, or is otherwise objectionable;
-Transmit any Content that infringes any patent, trademark, copyright, rights of publicity, or other intellectual property right;
-Transmit any Content that violates any applicable local, state, national, or international law that could give rise to civil or criminal liability;
-Transmit any unsolicited promotional Content, advertising materials, “spam,” chain letters, unauthorized links to other websites, or other such solicitation;
-Use the Service to publicly broadcast, transmit, or display Content for “pay-per-download” or other commercial purposes;
-Transmit any Content that solicits purchase of any product or service, unless that solicitation has been paid for by you and explicitly approved in writing by us;
-Use the Service to transmit Content that includes any virus, worm, Trojan horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Service or any other Internet host;
-Disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted Content, including impersonating another person or entity;
-Use any robot, spider or other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Service, nor act as a conduit for others to affect the same result; or
-Use the Service with the intent to defraud us, any user of the Service, or any other party, including, but not limited to, using the Service to solicit sales fraudulently or using the Service to engage another party in a fraudulent transaction.
You also agree that you will not submit, post, or otherwise make available on our site any content or material that:
-Infringes upon or violates the copyrights, trademarks, trade secrets or other intellectual property or proprietary rights of any person or entity;
-Violates a person’s right to privacy or publicity;
-Violates any local, state, national, or international law;
-Advocates illegal or violent acts;
-Misrepresents your identity or affiliation;
-Is false, deceptive or misleading
We assume no responsibility for Content downloaded, uploaded, stored, or otherwise processed by the Service. Accordingly, if you choose to use the Service, you do so at your own risk. For example, you acknowledge that:
* You are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet, including the Service, and that any Content you store or transmit may be damaged, corrupted, “sniffed” and/or accessed by another person without your permission; we cannot and will not guarantee the security of any of the Content stored or transmitted by the Service; and
* You may be subjected to email, instant messages, video, and other Content which is pornographic, defamatory, hateful, or otherwise objectionable to you.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF US AND OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
Errors in Content, including, but not limited to, description, photography, or typographical errors, are subject to correction at our sole discretion.
By using the Service or by communicating with us electronically via email, or by other means, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
THE SERVICE COVERED UNDER THIS AGREEMENT IS PROVIDED “AS-IS” AND “AS-AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE.
You agree to indemnify and hold us and our vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, any Content you submit, transmit, or download through the Service, or any violation of this Agreement or the rights of others.
Modifications to Service
We reserve the right at any time to modify, correct, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We may also change your priority of access to the Service with respect to other users. We make no commitment to update the information provided by the Service.
Disclosure of Content
Although we have no obligation to monitor the Content of our users, we reserve the right to monitor, retain, delete and/or disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any Content violates the rights of third parties, or protect our rights, property, or personal safety, or that of our users, or of the public.
The MuscleCar Place – Great Muscle Cars for Sale