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ClassicAutoNetwork.com Terms of Use Agreement
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The
terms and conditions of use set forth herein (“Terms”) applies to the Internet Web
site located at http://www.ClassicAutoNetwork.com (the “Web Site”) which is owned,
operated, licensed, or controlled by (“ClassicAutoNetwork.com”).
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PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THIS WEB SITE.
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1. Acceptance. By using the Web
Site, you, the Web site user (“User”), agree to be bound by these Terms. ClassicAutoNetwork.com
reserves the right, at its sole discretion, to change, modify, add, or remove portions
of these Terms at any time and without notice. Please check these Terms periodically
for changes. Continued use of the Web Site following the posting of changes to these
Terms will mean User has read and accepts such changes.
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2. License & Access. ClassicAutoNetwork.com
grants User a limited license to access and make personal use of the Web Site and
not to download (other than page caching) or modify it, or any portion of it, except
with express written consent of ClassicAutoNetwork.com. This license does not include
any resale or commercial use of this Web site or its contents; any collection and
use of any classified advertisement listings, descriptions, or prices; any derivative
use of this Web Site or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary information (including images,
text, page layout, or form) of ClassicAutoNetwork.com or our affiliates without
express written consent. You may not use any meta tags or any other “hidden text”
utilizing ClassicAutoNetwork.com's name or trademarks without the express written
consent of ClassicAutoNetwork.com. Any unauthorized use terminates the permission
or license granted by ClassicAutoNetwork.com. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of ClassicAutoNetwork.com
[and/or the user’s classified ad listing, car club, or community profile, if applicable]
so long as the link does not portray ClassicAutoNetwork.com, its affiliates, or
their products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any ClassicAutoNetwork.com logo or other proprietary graphic
or trademark as part of the link without express written permission.
Users may also register with ClassicAutoNetwork.com to create
an account (“Account”). Users shall receive a password and Account upon completing
the registration process. Users are responsible for maintaining the confidentiality
of the password and Account, and are fully responsible for all activities that occur
using such password or Account. User agrees to immediately notify the Web Site Administrator
of any unauthorized use of your password or Account.
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3. Restrictions on Use. Unless
otherwise noted, all materials, including images, illustrations, designs, icons,
photographs, video clips, and written and other materials that are part of any ClassicAutoNetwork.com
Web Site are copyrights, trademarks, trade dress and/or other intellectual property
owned, controlled or licensed by ClassicAutoNetwork.com. No material from any ClassicAutoNetwork.com
Web Site may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except with express written consent of ClassicAutoNetwork.com.
In addition, Users shall not commit any of the following
acts through their use of this Web Site:
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a) Transmit any content that is invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable.
b) Use foul language or post links to adult-oriented Web sites.
c) Transmit any unsolicited or unauthorized advertising, promotional materials,
“junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of non-requested
solicitation.
d) Post advertising messages or solicitations, URLs containing a referral
code or referral address, or links to businesses or pages with advertising, including
“blind” or “hidden” referral links.
e) Collect, store, use or disseminate personal data or information about other
Users in any manner whatsoever, including but not limited to, solicitation of products
or services by mail, telephone or e-mail (e.g. e-mail addresses).
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4. Violations. In addition to any
and all remedies at law or in equity, any intentional violation of the Terms shall
give ClassicAutoNetwork.com the right to immediately suspend or cancel Services
or Accounts without further liability. Furthermore, User specifically agrees that
any intentional violation shall result in immediate liability for liquidated damages
in the amount of Ten Thousand Dollars ($10,000.00) for breach of contract.
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5. Forums and Other Public Communication. “Forum”
shall mean a discussion group, chat area, bulletin board, internal messaging system,
or e-mail function offered as part of the Web Site. User shall not upload to, distribute
through, or otherwise publish through a Forum any content which is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable that would constitute or encourage a criminal
offense, violate the rights of any party, or that would otherwise give rise to liability
or violates any law.
The Forums shall be used only in a noncommercial manner.
User shall not, without ClassicAutoNetwork.com’s express written approval, distribute
or otherwise publish any material containing any solicitation of funds, promotion,
advertising, or solicitation for goods or services. User specifically acknowledges
that soliciting other guests of the Web Site to for any commercial product or service
or other organizations is expressly prohibited. This prohibition shall not apply
to promotional or advertising content provided by merchants with Accounts.
By uploading materials to any Forum or submitting any materials
to ClassicAutoNetwork.com, User automatically grants (or warrants that the owner
of such rights has expressly granted) ClassicAutoNetwork.com a perpetual, royalty-free,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from and distribute such materials or incorporate
such materials into any form, medium, or technology now known or later developed
throughout the universe. In addition, you warrant that all so-called “moral rights”
in those materials have been waived.
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6. Privacy. It is the policy of
ClassicAutoNetwork.com to respect the privacy of all Web Site users. Therefore,
in addition to the privacy of registration data, ClassicAutoNetwork.com shall not
monitor, edit, or disclose the contents of a guest's e-mail unless required in the
course of normal maintenance of the Web Site and its systems or unless required
to do so by law or in the good-faith belief that such action is necessary to: (1)
comply with the law or comply with legal process served on ClassicAutoNetwork.com;
(2) protect and defend the rights or property of ClassicAutoNetwork.com; or (3)
act in an emergency to protect the personal safety of our users or the public. Users
shall remain solely responsible for the content of their messages. ClassicAutoNetwork.com’s
Privacy Statement can be found here.
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7. Indemnity. User shall indemnify
and hold ClassicAutoNetwork.com harmless from and against any and all liabilities,
claims, costs, assessments, fees or expenses of any kind, including without limitation
defense costs and reasonable attorneys’ fees arising from or related in any way
to: a) classified advertisements placed by User; b) any claim which, if proved,
would breach any representation of User; and c) any and all Third Party Claims arising
out of any content submitted by User or transmitted through this Web Site by User.
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8. Termination. These Terms are
effective as of the first date materials from the Web Site are accessed by User
(the “Effective Date”) and shall continue in effect until terminated by either party.
User may terminate the agreement formed by these Terms at any time by destroying
all materials obtained from the Web Site and all related documentation and all copies
and installations thereof, whether made under these Terms or otherwise. These Terms
will terminate immediately without notice from ClassicAutoNetwork.com if in ClassicAutoNetwork.com's
sole discretion User fails to comply with any term or provision of these Terms.
Upon termination, User’s access and account shall be terminated and User shall destroy
all materials obtained from the Web Site and all copies thereof, whether made under
the terms of these Terms or otherwise.
ClassicAutoNetwork.com may, at its sole discretion, and
at any time, discontinue providing the Web Site, or any part thereof, with or without
notice. User agrees that any termination of its access to the Web Site under any
provision of these Terms may be effected without prior notice. Further, User agrees
that ClassicAutoNetwork.com shall not be liable to User or to any third party for
any termination of User’s access to this Web Site.
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9. Jurisdiction. Unless otherwise
specified, the materials in this Web Site are presented solely for the purpose of
promoting publications and other products available in the United States, its territories,
possessions, and protectorates. The Web Site is controlled and operated by ClassicAutoNetwork.com
from its offices within the State of Illinois, United States of America. ClassicAutoNetwork.com
makes no representation that materials in this Web Site are appropriate or available
for use in other locations. Those who choose to access this Web Site from other
locations do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable.
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10. Disclaimer. The materials in
this web site are provided “as is” and without warranties of any kind either expressed
or implied. To the fullest extent permissible pursuant to applicable law, ClassicAutoNetwork.com
disclaims all warranties express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose.
ClassicAutoNetwork.com does not warrant that the functions
contained in this web site will be uninterrupted or error-free, that defects will
be corrected, or that this web site or any other ClassicAutoNetwork.com website
or the server(s) that makes the ClassicAutoNetwork.com web site available are free
of viruses or other harmful components. ClassicAutoNetwork.com does not warrant
or make any representations regarding the use or the results of the use of the materials
in this web site in terms of their correctness, accuracy, reliability or otherwise.
ClassicAutoNetwork.com does not imply that any of the valuation
information used on any part of the web site is a guarantee of future valuation
results. It is intended to be used as one component of many when making vehicle
purchase decisions. In addition to the use of our valuation guide, it is strongly
recommended to use an independent qualified vehicle appraiser before making any
investment decision.
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11. Limitation of Liability. Under
no circumstances, including but not limited to, negligence shall ClassicAutoNetwork.com
be liable for any special or consequential damages that result from the use of,
or the inability to use, the materials in this web site, even if ClassicAutoNetwork.com
or an ClassicAutoNetwork.com authorized representative has been advised of the possibility
of such damages. Applicable law may not allow the limitation or exclusion of liability
or incidental or consequential damages, so the above limitation or exclusion may
not apply to you. In no event shall ClassicAutoNetwork.com’s total liability to
you for all damages, losses, and causes of action (whether in contract, tort (including,
but not limited to, negligence), or otherwise) exceed the amount paid by the user,
if any, for accessing this web site.
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12. Links to Outside Web Sites and Services. To
the extent that this Web Site contains links to outside services and resources,
ClassicAutoNetwork.com does not control the availability and content of those outside
services and resources. Any concerns regarding any such service or resource, or
any link thereto, should be directed to the particular service or resource.
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13. Referral Program and Payouts.
The Classic Auto Network Referral Program is paid out at the end of the fiscal quarter
that follows the quarter the member earned the referral dollars in. This allows
ample amount of time for the various referred parties to take advantage of our services
and money back guarantee. Any referred party who requests a refund or doesn’t provide
payment will be subsequently deducted from any Referral Dollars accrued by the referring
member.
Payouts will only be made to those members who have accrued
$125 or more during a previous quarter. Classic Auto Network reserves the right
to cancel the referral program at any time and/or terminate any memberships who
are abusing the program. Examples of abuse could be but aren’t limited to spamming
hundreds of email addresses that you have no relationship with or aren’t interested
in the automotive community.
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14. Copyrights and Copyright Agents.
If you believe that your work has been copied in a way that constitutes copyright
infringement or that your intellectual property rights have been otherwise violated,
please provide ClassicAutoNetwork.com’s Copyright Agent the following information:
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a) An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest.
b) A description of the copyrighted work or other intellectual property that
you claim has been infringed.
c) A description of where the material that you claim is infringing is located
on the site;
d) Your address, telephone number, and email address.
e) A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law.
f) A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
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15. Miscellaneous. These Terms shall
be governed by and construed in accordance with the laws of the State of Illinois.
User agrees that any action at law or in equity arising out of or relating to these
terms shall be litigated only in the state or federal courts located in the State
of Illinois and User hereby consents and submits to the personal jurisdiction of
such courts for the purposes of litigating any such action. If any provision of
these Terms shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall not affect the validity
and enforceability of any remaining provisions.
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