| General Terms and Conditions (Registration)
Terms of Service Agreement
This Terms of Service Agreement (“Agreement”) is made between Real Hot Deals, LLC (“Company”) and any person (collectively “you”, “your” or “I”) who uses
the Website (“Site”) or completes the registration process to open and maintain an account with the Company’s Real Hot Deals Auto Auction Services (collectively the “Service”).
BY USING THE SITE, OR CLICKING THE ACCEPTANCE BUTTON OR ACCESSING USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SITE OR THE SERVICE.
1. The Service and Registration
a. Description. The Service is proprietary to Company and is protected by intellectual property laws and international intellectual property treaties. Your access to the Service is licensed and not sold. Company agrees to provide you with non-exclusive access to or use of the Service, consisting of access to web pages and storage space for the sole purpose of maintaining an account with the Service, subject to the terms and limitations set forth in this Agreement.
b. Accessibility. You agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.
c. Software. All software associated with and used on the Site and the Service is owned by Company, or its agents and representatives, and is protected by intellectual property laws, including copyright. Any unauthorized use of the Site or the Service, or display, publication, redistribution, reproduction or other use of the software used on or associated with the Site or the Service is expressly prohibited and may result in prosecution and the imposition of civil and criminal penalties.
d. Limitations. Company does not monitor all information, materials, messages or postings transmitted by users of the Site. Company has the right, in its sole discretion, to monitor, remove, delete, edit, move, refuse to publish any item or materials at any time and for any reason and without notice and without liability of any kind. Company is not liable or responsible for any inaccuracy in any item listing or dealer inventory. Information provided by sellers, including dealers, is not reviewed or verified by Company and the accuracy and validity of such information is solely the responsibility of the party supplying the information.
BY USING THE SITE YOU EXPRESSLY AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY CLAIM OR ACTION ARISING OUT OF RELATING TO YOUR USE OF THE SITE OR ANY MATERIALS ON THE SITE.
2. Representations and Warranties
a. You represent and warrant to Company that: (a) you are over the age of eighteen and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth at Section 3; (c) you have provided accurate and complete registration information, including, without limitation, your legal name, address and telephone number; (d) any materials or information you use or provide do not and will not violate anyone else’s intellectual property rights, including but not limited to misappropriating or infringing any trademark, copyright, trade secret or patent; (e) any materials or information you use or provide do not or will not violate any federal, state or local law or regulation, including but not limited to laws and regulations governing automobiles including their advertising, sale or transfer; (f) any materials or information you use or provide will not cause or contribute to injury to any person.
b. You further represent and warrant that (i) the Site contains content subject to trademarks, service marks and copyrights owned by Company and others; (ii) that you will not copy, use, infringe upon or dilute any of the marks or copyrights; and (iii) that you will not delete or alter any mark, copyright or notice from the Site.
3. Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use the Service to: (a) disseminate or transmit unsolicited materials; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt mislead any person as to the identity or origin of any matter; (e) export, re-export, or permit downloading of any content or material in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or
without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network;
(g) disseminate or transmit viruses, Trojan horses or any other malicious code or program; (h) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.
4. Rules and Policies. The following rules apply to any item listing and restrict how items are listed, described and marketed.
a. No Misrepresentation. No one may misrepresent any item, terms of sale, or the source or ownership of an item. This includes, but is not limited to, misrepresenting the make, model, brand, category, condition, year of manufacture, or location.
b. No Unfair Listing. No one may create an unfair listing. This includes, but is not limited to, (i) soliciting cash or other unauthorized payment method; (ii) promote a raffle, prize, giveaway, raffle or bonus; (iii) include unacceptable or unauthorized credits or endorsements; (iv) post a listing that does not offer an acceptable item or is a test listing or merely indicates a willingness or desire to buy or sell; (v) using a type of link that is unauthorized, including but not limited to those to other sites or sources of images, email addresses, descriptions or data.
c. No Independent Transaction. No one may use any process or technique that avoids Company’s fees or charges, including but not limited to,: (i) imposing a surcharge or charging excessive shipping/handling; (ii) offering additional items; (iii) offering a catalog or similar listing for direct ordering or otherwise buying similar items elsewhere; (iv) offering markedly different items from the listed item; and (v) misuse of the auction or bidding process, including reserves and options.
d. Purchases and Sales. No one may (i) refuse or fail to make payment for purchased items pursuant to the agreed upon terms and conditions; (ii) refuse or fail to deliver purchased items pursuant to the agreed upon terms and conditions; (iii) interfere or attempt to interfere with another’s listing; (iv) manipulate or attempt to manipulate the price of an item; or (v) engage in any illegal or unauthorized activity or scheme, including but not limited to any pyramid scheme, or chain letter.
5. Limitations
a. Security. You are solely responsible for the security, confidentiality and integrity of all content and other material that you receive, transmit or store through the Service. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from the use of the Service with your password.
b. Privacy. It is the policy of the Company to respect your privacy. Company will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless Company has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Company; (iii) enforce this Agreement; or (iv) protect the interests of users of the Service other than you or any other person. Your IP address is transmitted and recorded with each message you send. Company does provide certain information in aggregate form collected from and relating to you to third persons such as advertisers. For a more detailed description of the types and uses of personal information collected from you, please read the Company Privacy Policy.
c. Site Content. The content and information on this Site is protected by intellectual property laws, including those applicable to trademarks, service marks and copyrights. The content and information is intended for personal and noncommercial use and you may not sell, distribute, publish, reproduce, display, repost, modify or otherwise use or attempt to use the content or information on the Site for any commercial or unauthorized purpose.
d. User Materials. Any materials submitted by any user of the Site are submitted and received on the condition that the person submitting the materials grants to Company a nonexclusive, royalty free, irrevocable, perpetual, fully transferable right and license to copy, distribute, publish, reproduce, display, repost, modify, create derivative works or otherwise use and exploit the materials, and any of them, in any way, including but not limited to use it in any form, any media, any software or any technology at any time. A user who provides a name or image to Company grants Company, and any agent or affiliate, the right and license to use the name and image, including any likeness, in connection with the use, reproduction or distribution of the materials provided by the user.
e. Unsolicited Materials. Company does not encourage or accept unsolicited materials. This includes, but is not limited to, ideas, suggestions, recommendations or concepts applicable to the Site or Company or any of its programming, processes, procedures or media.
6. Termination
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate this Agreement at any time and for any reason. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site or Service; (b) suspend your access or use of all or any portion of the Site or Service; (c) remove any materials you use or provided to the Site; and (d) terminate this Agreement. You agree that Company is entitled to injunctive or other equitable relief regarding any violation of the Terms of Service without Company posting a bond. In the event of termination by Company you will not be entitled to any refund whatsoever.
7. Disclaimer of Warranties
THE SITE AND SERVICE ARE PROVIDED ON AS “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE NOR ANY RESULT THAT MAY BE OBTAINED BY USING THE SITE OR THE SERVICE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN REALTION TO THE SERVICE. COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTY AS TO THE EXISTENCE, CONDITION OR OWNERSHIP OF ANY VEHICLE, OR AS TO THE COMPLETENESS OR ACCURCY OF ANY INFORMATION REGARDING ANY VECHICLE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING ANY LISTING OR VEHICLE, INCLUDING THAT ANY VEHICLE WILL BE SOLD OR SOLD AT AN ACCEPTABLE PRICE OR THAT ANY SOLICITATION OR OFFER WILL BE VALID OR LEGITIMATE.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATES OR REPRESENTATIVES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
9. Indemnification
You agree to indemnify, hold harmless and defend Company, it shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Service, including any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
10. Miscellaneous
a. Law. This Agreement shall be governed by the laws of the State of Florida and the United States without reference to conflicts of laws.
b. Amendment. Company shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by posting such amended terms on the Site. Your access, link to or use of the Site or Service after the date such amended terms are delivered to your account with the Service shall be deemed to constitute acceptance of such amended terms.
c. Waiver and Severability. No failure, delay in the exercising or enforcing any right or remedy hereunder by Company shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
d. Survival. The respective rights and obligations of the parties under Sections 2, 3, 4(b), 6, 7, 8 and 9 shall survive any termination or expiration of this Agreement.
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