TERMS OF USE
  1. Acceptance of Terms of Use and Amendments
    By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Ideal Web Services herein “TheCarShopper.com” reserves the right to modify this Terms of Use at anytime without giving prior notice.


  2. Our Service
    Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.


  3. Information in Which We may Release and/or Disclose
    TheCarShopper.com may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.

    We may also disclose information about its users to law enforcement agencies, officers, or others, in the good faith and belief that such disclosure is reasonably necessary to; enforce our Terms of Use; respond to any claims that a posting and/or ad or other content violates the rights of third-parties; or to protect the rights, property, or personal safety of TheCarShopper.com, its users, or the general public.


  4. Your Responsibilities and Registration Obligations
    In order to use this web site, you must first register. You agree to provide truthful information when requested. You also agree that you are at the age of eighteen (18) or older at the time of registration and you explicitly agree to our Terms of Use.


  5. No Spam Policy
    You understand and agree that sending unsolicited email advertisements to TheCarShopper.com email addresses or through TheCarShopper.com computer systems "servers", which is expressly prohibited by these Terms of Use, will use or cause to be used servers located in Scottsdale, Arizona. Any unauthorized use of TheCarShopper.com computer systems is a violation of the Terms of Use and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.


  6. Your Conduct
    You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission. You explicitly agree, in using this web site or any service provided, that you shall NOT:


    • provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;


    • As used herein, "pornography" or "pornographic" shall mean any explicit depiction or exhibition of sexual activity and/or sexual imagery that is intended to stimulate erotic, rather than PURELY aesthetic or emotional feelings.
      • Other prohibited content includes but is not limited to: (1) programs containing Trojan horses, virus and/or tools to compromise the security of TheCarShopper.com and/or other sites, (2) solicitations or advertisements, (3) suggestions or encouragement of illegal activity, (4) private information about any individual such as phone numbers, addresses, Social Security numbers or any other private information, and (5) duplicative posting or "spamming". Please note, that you can not upload images for which you don't have copyrights.
    • impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
    • collect or harvest any data about other users;
    • provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
    • provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

  7. Products, Services, Goods, Outside the United States
    Due to rising fraud on the internet and classified websites, Any ads and/or postings offering products, services, goods, outside the United States will be removed without notice. All IP addresses are verified!


  8. Banned and Non-permitted Items
    The following items are not to be advertised on this website; Items containing such material(s) will be removed without notice and the IP addressed will be banned.


    • Child pornography
    • Pornographic or obscene material.
    • Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information.
    • Any weapons and/or related items such as firearms, disguised, undetectable or switchblade knives, martial arts weapons, sniper scopes, silencers, ammunition, large capacity magazines, BB guns, tear gas or stun guns.
    • All Fireworks, including "Safe and Sane" fireworks.
    • Any destructive devices or explosives and/or explosive material(s).
    • Controlled substances or illegal drugs.
    • Substances and items used to manufacture controlled substances and drug paraphernalia.
    • Any related alcohol or tobacco products.
    • Prescription drugs and medical devices, such as prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
    • Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
    • Blood, bodily fluids or body parts.
    • Pet animal parts, blood, or fluids, including stud/breeding service.
    • Regulated or restricted plants, insects, such as noxious weeds, endangered plant species, or live insects or pests.
    • Pesticides or hazardous substances, or items containing hazardous substances such as contaminated toys, or art or craft material containing toxic substances without a warning label.
    • Illegal telecommunications equipment, such as access cards, password sniffers, access card programmers, or cable descramblers.
    • Stolen property or personal property with the serial number removed or altered.
    • Burglary tools, such as lock-picks or motor vehicle master keys.
    • False identification cards, items with police insignia, citizenship documents, or birth certificates.
    • Counterfeit currency, coins and stamps, as well as equipment designed to make them.
    • Counterfeit or knock-off brand name goods.
    • Material that infringes on a copyright, such as warez, bootlegs (without consent of the owner/band), etc.
    • Airline tickets that restrict transfers.
    • Gambling items, such as lottery tickets, sports trading card, "grab bags", raffle tickets, sweepstakes entries or slot machines.
    • Used or rebuilt batteries, or batteries containing mercury.
    • Used bedding and clothing. Must be sanitized in accordance with law.
    • Non-packaged food items or adulterated food.
    • Any bulk email and/or mailing lists that contain names, addresses, phone numbers, or other personal identifying information.

  9. By submitting any content on our web site, you agree;

    • to grant TheCarShopper.com a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
    • you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
    • you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

  10. Posting Agents
    A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on TheCarShopper.com resources, you may not use a Posting Agent to post Content to the Service without express permission or license from www.TheCarShopper.com. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from TheCarShopper.com.


  11. Third Party Services
    Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.


  12. Paid Postings
    TheCarShopper.com may charge a fee to post Content in all areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the Terms of Use. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms of Use.


  13. Indemnification
    You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of these Terms of Use or any other violation of the rights of another person or party.


  14. DISCLAIMER OF WARRANTIES
    YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.


  15. LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.


  16. Reservation of Rights
    We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.


  17. Notification of Copyright Infringement
    If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted on the Contact Us page of our website. [Other contact information including address or the information for a designated agent]


  18. Applicable Law
    You agree that these Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of Riverside County, Moreno Valley, Ca.


  19. Miscellaneous Information
    (i) In the event that these Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under these Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under these Terms of Use and we shall be relieved of any further obligation.

Last modified: April 20, 2008 10:26 GMT-0700.