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User Agreement
This Agreement describes
the terms and conditions applicable to your use of our services at
CoolCarSite.com.
We may amend this
Agreement at any time by posting the amended terms on our Announcement
Page. Except as stated below, all amended terms shall
automatically be effective 30 days after they are initially posted on
our Announcement Page. This Agreement may not be otherwise amended
except in writing signed by you and CoolCarSite.com. This
agreement was last revised on March 19, 2001.
1. Accounts
Our services are available only
to individuals who can form legally
binding contracts under applicable
law. Without limiting the
foregoing, our services are not
available to minors. If you do not
qualify, please do not use our
services. Further, our services are not
available to temporarily or
indefinitely suspended CoolCarSite.com
advertisers.
2. Fees
We may change our Fees Policy
and the fees for our services.
Our changes to the policy are
effective after we provide you
with at least thirty (30) days'
notice of the changes by posting the
changes on the Announcement Page.
However, we may choose to
temporarily change our Fees Policy
and the fees for our services for
promotional events such changes are
effective when we post the
temporary promotional event on the
Announcements Page. We may
in our sole discretion change some
or all of our services at any time.
In the event we introduce a new
service, the fees for that service are
effective at the launch of the
service. Unless otherwise stated, all fees
are quoted in U.S. Dollars.
You are responsible for paying all fees
associated with using our service
and our website and all applicable
taxes.
3. CoolCarSite.com
Is Only A Venue
A. Overview. Our site acts as the venue for sellers to
list items
and buyers to purchase items.
We are not involved in the actual
transactions between buyers and
sellers. As a result, we have no
control over the quality, safety or
legality of the item advertised,
the truth or accuracy of the
listings, the ability of sellers to sell items
or the ability of buyers to buy
items. We cannot ensure that a buyer
or seller will actually complete a
transaction.
B. Release. Because we are 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
CoolCarSite.com (and our officers,
directors, agents, subsidiaries and
employees) from claims, demands
and damages (actual and
consequential) of every kind and nature,
known and 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#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 the release, which if
known by him must have materially
affected his settlement with the
debtor."
C. Information Control. We do not control the
information provided
by other users which is made
available through our system. You may
find other user's information to be
offensive, harmful, inaccurate, or
deceptive. Please use
caution, common sense, and practice safe trading
when using our site. Please
note that there are also risks of dealing with
underage persons or people acting
under false pretense.
D. Listing and Selling. Listings may only include
text descriptions,
graphics and pictures you supply to
our site (or that you link to from
our site) that describe your item
for sale (or as appropriate, for which
are soliciting offers to buy).
All listed items must be listed in an
appropriate category's).
E. Fraud. Without limiting any other remedies,
CoolCarSite.com
may suspend or terminate your
account if you are found to have
engaged in fraudulent activity in
connection with our site.
4. Your
Information
"Your Information" is defined as any information you provide
us
or other users in the listing
process. You are solely responsible for
Your Information, and we act as a
passive conduit for your online
distribution and publication of
Your Information. With respect to
Your Information:
A. Your Information (or any items listed therein): (a)
shall not be
false, inaccurate or misleading;
(b) shall not be fraudulent or involve
the sale of counterfeit or stolen
items; (c) shall not infringe any third
party's copyright, patent,
trademark, trade secret or other proprietary
rights or rights of publicity or
privacy; (d) shall not violate any law,
statute, ordinance or regulation
(including without limitation those
governing export control, consumer
protection, unfair competition,
antidiscrimination or false
advertising); (e) shall not be defamatory,
trade libelous, unlawfully
threatening or unlawfully harassing; (f)
shall not be obscene or contain
child pornography or, if otherwise
adult in nature or harmful to
minors; (g) shall not create liability for
us or cause us to lose (in whole or
in part) the services of our ISP or
other suppliers; and (h) shall not
link directly or indirectly to or include
descriptions of goods or services
that are prohibited under this
Agreement. Furthermore, you
may not list any item on our site (or
consummate any transaction that was
initiated using our service) that,
by paying to us the listing fee,
could cause us to violate any applicable
law, statute, ordinance or
regulation, or that violates our current
Prohibited, Questionable and
Infringing Items.
B. Solely to enable CoolCarSite.com to use the information
you supply
us with, so that we are not
violating any rights you might have in that
information, you agree to grant us
a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, right to
exercise the copyright and publicity
rights (but no other rights) you
have in Your Information, in any media
now known or not currently known,
with respect to Your Information.
CoolCarSite.com will only use Your
Information in accordance with our
Privacy Policy.
5. Breach
Without
limiting other remedies, we may immediately issue a warning,
temporarily suspend, indefinitely
suspend or terminate your account
and refuse to provide our services
to you: (a) if you breach this
Agreement or the documents it
incorporates by reference; (b) if we are
unable to verify or authenticate
any information you provide to us; or
(c) if we believe that your actions
may cause legal liability for you, or
our users or us.
6. No
Warranty
We and our suppliers provide our web site and services "as
is" and
without any warranty or condition,
express, implied or statutory. We
and our suppliers specifically
disclaim any implied warranties of title,
merchantability, fitness for a
particular purpose and non-infringement.
7.
Liability Limit
In no event shall we or our suppliers be liable for lost profits or any
special, incidental or
consequential damages arising out of or in
connection with our site, our
services or this agreement (however
arising, including negligence).
8.
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates,
officers, directors, agents, and
employees, harmless from any claim
or demand, including reasonable
attorneys' fees, made by any third
party due to or arising out of your
breach of this Agreement or the
documents it incorporates by
reference, or your violation of any law
or the rights of a third party.
9. Legal
Compliance
You shall comply with all applicable laws, statutes, ordinances and
regulations regarding your use of
our service, listing, purchase,
solicitation of offers to purchase,
and sale of items.
10. No Agency
You and CoolCarSite.com are independent contractors, and no
agency, partnership, joint venture,
employee-employer or franchiser-
franchisee relationship is intended
or created by this Agreement.
11. Rejections
CoolCarSite.com reserves the right, without liability, to reject,
omit or exclude any advertisement
or to reject or terminate any
links for any reason at any time,
with or without notice to the
advertiser, and whether or not such
advertisement or
link was previously acknowledged,
accepted, or published.
12. Credit Cards
In the event that advertisers pay any amounts due
hereunder with a credit card and
the issuer of the credit card fails
to pay the amounts authorized by
advertiser, advertiser
shall immediately remit full
payment to CoolCarSite.com
plus any interest due on the
outstanding amounts. In addition,
if advertiser pays any amounts due
hereunder with a credit
card and the issuer of the credit
card seeks to recover from
CoolCarSite.com any amounts
received by CoolCarSite.com from the
issuer, advertiser shall
immediately remit to CoolCarSite.com
all amounts necessary to comply
with the issuer's request and any
costs and expenses incurred by
CoolCarSite.com.
13. Publicity
You may not create, publish, distribute any items that reference
CoolCarSite.com without first
submitting those items to
CoolCarSite.comand receiving
CoolCarSite.com's written consent.
CoolCarSite.com will not unreasonably
withhold its consent.
14. Notices
Except as explicitly stated otherwise, any notices shall be given by
postal mail to CoolCarSite.com.
Attn: Legal Department 4874
Foster Road, Paradise, CA 95969.
Alternatively, we may give receipt
requested, to the address provided
to CoolCarSite.com during the
registration process. In such
case, notice shall be deemed given 3
days after the date of mailing.
15. Arbitration
Any controversy or claim arising out of or relating to this Agreement
or our services shall be settled by
binding arbitration in accordance
with the commercial arbitration
rules of the American Arbitration
Association. Any such
controversy or claim shall be arbitrated on an
individual basis, and shall not be
consolidated in any other party. The
arbitration shall be conducted in
Paradise, California, and judgment on
the arbitration award may be
entered into any court having jurisdiction
thereof. Either you, or
CoolCarSite.com may seek any interim or
preliminary relief from a court of
competent jurisdiction in Paradise,
California necessary to protect the
rights or property of you or
CoolCarSite.com pending the
completion of arbitration.
16. General
This Agreement shall be governed in all respects by the laws of the
State of California as such laws
are applied to agreements entered
into and to be performed entirely
within California between
California residents. We do
not guarantee continuous, uninterrupted
or secure access to our services,
and operation of our site may be
interfered with by numerous factors
outside of our control. If any
provision of this Agreement is held
to be invalid or unenforceable,
such provision shall be struck and
the remaining provisions shall be
enforced. Headings are for
reference purposes only and in no way
define, limit, construe or describe
the scope or extent of such section.
Our failure to act with respect to
a breach by you or others does not
waive our right to act with respect
to subsequent or similar breaches.
This Agreement sets forth the
entire understanding and agreement
between us with respect to the
subject matter hereof.
17. Disclosures
The services hereunder are offered by CoolCarSite.com, a product of
Corcoran's Enterprises located at
4874 Foster Road Paradise CA 95969.
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