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User Agreement
INTRODUCTION
Thank you for using AMSVehicleSales.com, a service provided to you by Auto Marketing Systems. AMSVehicleSales.com was created to match buyers and sellers, help customers achieve unprecedented online exposure for their vehicle, and provide unparalleled customer service. AMSVehicleSales.com is not in the business of directly selling vehicles. As a result, all transactions are between the buyer and seller. By using AMSVehicleSales.com, you agree to abide by the terms of this User Agreement ("Agreement"). Furthermore, by using AMSVehicleSales.com, you warrant that you are at least 18 years old. If you are not at least 18 years old, you may not use AMSVehicleSales.com without adult supervision. Please read this Agreement carefully.
REGISTRATION
As part of our service, customers can obtain a user name and password. As a customer, you agree not to employ a user name that AMSVehicleSales.com deems, in its sole discretion, to be offensive. You will be responsible for maintaining the confidentiality of your password and agree to notify AMSVehicleSales.com at web@AMSVehicleSales.com if you suspect that someone is or may be using your password without authorization.
PROHIBITED PRACTICES
By using AMSVehicleSales.com, you agree not to:
1) Post any obscene, misleading, or illegal material on this site, or any other material that infringes on the rights of others;
2) You may not use the Service for advertising or promotional materials or any other forms of solicitation;
3) Transmit junk mail, unsolicited mass mailings, or spam to AMSVehicleSales.com users or others;
4) Use AMSVehicleSales.com’s information to advertise or promote products or services;
5) Use any device (whether automatic or manual) to monitor or copy AMSVehicleSales.com pages or other information or for any other unauthorized purpose;
6) Copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of the Intellectual Property, or AMSVehicleSales.com itself, in whole or part, except as expressly provided in this section of the Agreement; or
7) Link to any page other than the home page without written permission (AMSVehicleSales.com reserves the right to reject or terminate any links).
COPYRIGHT AGENT
It is AMSVehicleSales.com’s policy to respond to claims of intellectual property infringement. If you believe your intellectual property rights have been infringed on AMSVehicleSales.com, please contact us at:
Auto Marketing Systems
Attn: Renee Fisher
P.O. Box 1025
Bedford, Virginia 24523
Phone (540) 586-1430
Fax (540) 586-8943
rfisher@longwoodinc.com
COPYRIGHT AND LIMITATIONS ON USE
AMSVehicleSales.com and all of its contents, including, but not limited to, text, photographs, images, illustrations, graphics, and other software (collectively "Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by AMSVehicleSales.com or the party credited as the provider of Intellectual Property. Additionally, AMSVehicleSales.com itself is protected by copyright as a collective work and or compilation. Third party names and marks used on AMSVehicleSales.com are the property of their respective owners.
By posting material on our site or communicating with us, you hereby grant to us the royalty-free, perpetual, irrevocable, non-exclusive, fully transferable, fully sublicensable right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software, or technology of any kind now existing or developed in the future and to use the material commercially. You also agree to indemnify, defend, and hold harmless AMSVehicleSales.com, its affiliates ands service providers (and all of their respective officers, directors, employees and representatives) against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. You further grant us the right to use your name in connection with the reproduction or distribution of such material.
You may browse AMSVehicleSales.com and download one copy of occasional materials appearing on AMSVehicleSales.com that are of personal interest to you for personal, non-commercial use (You agree only to use other user information for the potential purchase or sale of a listed vehicle). You must keep intact all copyright, trademark, and other notices contained in this one personal copy. You may not reproduce, distribute, sell, modify, display, make available to others, or use any portion of the Intellectual Property in any other way or for any other purpose without the written consent of AMSVehicleSales.com. You may not save or archive a significant portion of the material appearing on this Site.
Customers of AMSVehicleSales.com must be ready to sell the vehicle listed pursuant to the terms of their advertisement. Customers must posses the vehicle listed and be able to legally transfer the title of the vehicle advertised.
Considering the volume of classified ads placed on AMSVehicleSales.com, we cannot and do not monitor all of the material posted in the ads placed on AMSVehicleSales.com. While you agree that AMSVehicleSales.com will not be liable for such third-party content, AMSVehicleSales.com reserves the right to remove or edit any material that it deems, in its sole discretion, to violate this Agreement, or the rights of AMSVehicleSales.com or any third-party; or to be otherwise unacceptable, without notice at any time and without liability and without providing a refund.
CHANGES
AMSVehicleSales.com reserves the right to change this Agreement at any time. AMSVehicleSales.com will post a notice of such change on AMSVehicleSales.com. By continuing to use AMSVehicleSales.com after a change is made, you accept and are bound by the modified Agreement. Only AMSVehicleSales.com may alter this Agreement.
Termination
If AMSVehicleSales.com determines that you have not complied with any part of this Agreement, it may terminate your access to AMSVehicleSales.com and any services provided by AMSVehicleSales.com and you will not be entitled to a refund. You agree that monetary damages may not be sufficient when you violate the terms of this Agreement, and you consent to injunctive or other equitable relief without the requirement that AMSVehicleSales.com post a bond. Any termination of this Agreement removes your authorization to access or use AMSVehicleSales.com and requires you to destroy all electronic or other materials and copies of such materials obtained from AMSVehicleSales.com. However, in the event of termination, you will still be bound by your obligations under this Agreement, including the warranties made by you, and by the disclaimers and limitations of liability.
DISCLAIMER OF WARRANTIES
AMSVehicleSales.com, AND ALL ITS CONTENTS (INCLUDING, BUT NOT LIMITED TO, CLASSIFIED ADS AND ANY GOODS OR SERVICES ADVERTISED ON OR SOLD THROUGH THIS WEBSITE) ARE PROVIDED TO YOU "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. AMSVehicleSales.com DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION OF ANY KIND FOUND ON AMSVehicleSales.com. IN PARTICULAR, AMSVehicleSales.com DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION CONTAINED IN ANY classified advertisement appearing on AMSVehicleSales.com. the ADS ON AMSVehicleSales.com ARE PROVIDED BY THE SELLER AND NOT AMSVehicleSales.com. ALL TRANSACTIONS ARE BETWEEN THE BUYER AND SELLER, NOT THE BUYER AND AMSVehicleSales.com. ANY VEHICLE OR PRODUCT DESCRIBED ON THIS SITE IS SOLD "AS IS", WITH ALL ITS FAULTS AND BENEFITS. If you are unsure about your purchase or sale, you are advised to seek the advice of competent legal, accounting, and mechanical counseling before you sign a contract. YOUR RELIANCE ON ANY INFORMATION FOUND ON AMSVehicleSales.com IS AT YOUR OWN RISK. AMSVehicleSales.com does not make and expressly disclaims any representations, guarantees or warranties regarding our service, including without limitation, any representations, guarantees or warranties that your vehicle will sell, that it will sell for a certain price, that only qualified buyers will contact you with legitimate offers, or that anyone will contact you regarding your vehicle. Some states do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you.
Limitation of Liability
AMSVehicleSales.com, ITS PARENT COMPANY, AFFILIATES AND their respective owners, employees, agents, contractors and licensors and ANY OTHERS INVOLVED IN CREATING AMSVehicleSales.com AND ITS CONTENTS ARE NOT LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING AMSVehicleSales.com, INCLUDING, BUT NOT LIMITED TO, AMSVehicleSales.com'S NEGLIGENCE, YOUR ACCESS TO AND USE OF AMSVehicleSales.com, THE UNAVAILABILITY OF AMSVehicleSales.com, ERRORS OR INACCURACIES CONTAINED ON AMSVehicleSales.com, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF AMSVehicleSales.com, EVEN IF YOU HAVE ADVISED AMSVehicleSales.com IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
AMSVehicleSales.com's liability to you or any third parties, if any, arising out of the service or related in any way to the service, site, or linked sites, is limited to the greater of the price you paid for the service, or $80.00. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
AMSVehicleSales.com is not responsible for, or liable for, any damage, including damage caused by viruses, to your computer, computer system, or other property, during or on account of access or use of the AMSVehicleSales.com or any sites to which the AMSVehicleSales.com provides hyperlinks ("links").
BUYERS AND SELLERS BEWARE
Please note that there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. Please read our fraud awareness tips before buying or selling a car.
AMSVehicleSales.com includes links to other Internet sites that may be of interest to users. AMSVehicleSales.com does not monitor or control any linked sites and is not responsible for their content or availability. While we encourage you to visit these sites, we are not responsible for and cannot guarantee their products or services. You agree that AMSVehicleSales.com, its parent company, affiliates and respective owners, agents and employees shall have no liability for any damages incurred by you, and you agree not to assert any claims against the aforementioned parties as a result of purchasing or using the services of the linked sites.
Indemnification
You agree to indemnify, defend, and hold harmless AMSVehicleSales.com, its parent company, affiliates, and their respective owners, employees, agents, contractors, and licensors from and against any and all claims, actions, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, arising out of your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of or postings to AMSVehicleSales.com, or as a result of your purchasing or using the services of third party web service providers with links on our site. You will cooperate fully in any defense of such claim. AMSVehicleSales.com reserves the right to take exclusive control of the defense of any such claim.
Forum Selection and Litigation
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts of the Commonwealth of Virginia for any cause of action arising out of this Agreement and AMSVehicleSales.com.
If a court deems any part of this Agreement invalid, the remaining parts shall remain in full force and effect.
You agree to file any cause of action with respect to this Agreement and AMSVehicleSales.com in Bedford, Virginia within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
Miscellaneous
If you have comments regarding AMSVehicleSales.com or this Agreement, you may send them via e-mail to web@AMSVehicleSales.com. You must send any official correspondence via postal mail to: Auto Marketing Systems, P.O. Box 1025
Bedford, Virginia 24523.
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