TERMS of USE
TucsonAutoStore.com is powered by Barney
Hilton Murray. TucsonAutoStore.com web site ("the Site") and Barney
Hilton Murray are collectively referred to as TucsonAutoStore.com in
this Terms of Use Agreement ("Terms of Use").
This Terms of Use agreement (the "Agreement") describes the terms and
conditions applicable to your use of the TucsonAutoStore.com web site
which is identified by the uniform resource locator
www.TucsonAutoStore.com (the "Site"). This Agreement is entered into
between you as the user of the Site (the "User") and TucsonAutoStore.com
("TucsonAutoStore.com").
TucsonAutoStore.com makes available a variety of products and services
through this web site, any and all use of this website and/or use of
features, products and services of this site is subject to these Terms
of Use.
For the consideration of this Terms of Use Agreement, a User is any
person who accesses the Site for whatever purpose, regardless of whether
such User has registered with TucsonAutoStore.com as a free member or
whether such User is paying a subscription fee (paid member) for a
specific service provided by TucsonAutoStore.com. A User is considered
as a "Member" after completing registration process. A User includes the
person and any legal entity which may be represented by such person
under actual or apparent authority using this Site.
By accessing or using this website, www.TucsonAutoStore.com, all users
agree, without limitation or qualification, to be legally bound by and
to comply with the Terms of Use contained herein. Because the Terms of
Use contain legal obligations, please read them carefully before using
TucsonAutoStore.com. If you do not accept all of the Terms of Use
Agreement, please do not use this Site.
TucsonAutoStore.com reserves all the rights and authorities to modify
and update these Terms of Use at anytime, without prior notice, by
updating this posting. Any posted changes are effective immediately
after posting and your continued use of the Site constitutes your
agreement that you've read all of these Terms of Use, acceptance that
you respect them in their entirety and its amendments.
Conditions and Restrictions on Usage
Use of this Site and its products and services is subject to compliance
with these Terms of Use. You acknowledge and agree that
TucsonAutoStore.com may terminate your access to the Site or usage of
any of the features, products and services provided by
TucsonAutoStore.com, should you fail to comply with the Terms of Use.
Any such termination shall be in TucsonAutoStore.com's sole discretion
and may occur without prior notice or any notice.
TucsonAutoStore.com further reserves the right to terminate any User's
access to the Site or to any of the products and services provided, for
any conduct that in its sole discretion TucsonAutoStore.com believes is
or may be directly or indirectly harmful to other Users, to
TucsonAutoStore.com or its subsidiaries, affiliates or business
contractors or to other third parties or for any conduct that violates
any local or international laws or regulations.
Access to the Site and access or usage of certain features of the Site
are provided to all Users free of charge. And access or usage of certain
features, products and services of the Site are provided to free or paid
Members (registered users). However, TucsonAutoStore.com reserves the
right to limit, deny or create different access(es) to the Site and its
features with respect to different User types, without any or prior
notice. TucsonAutoStore.com also reserves the right, without prior
notice or any notice, to change any of the features, products and
services or introduce new features, products and services of this Site.
TucsonAutoStore.com reserves the right to deny any User's access to the
Site or the right to deny any User to accept as Member for whatever
reason in order to protect TucsonAutoStore.com's interests.
User, by accepting these Terms of Use, acknowledges that in no event
shall TucsonAutoStore.com be liable to the User or any third parties for
any inability to use the Site, whether due to disruption, limited
access, changes to or termination of any features on the Site or
otherwise, and for any delays, errors or omissions with respect to any
communications or transmission, or any damage arising from the use of
the Site. TucsonAutoStore.com can not be held responsible also for the
inability of the User to use the Site or any of its features.
Copyrights and Licenses
All the Site contents, such as all the information at
TucsonAutoStore.com including, but not limited to, text, graphics,
logos, icons, and images belong to TucsonAutoStore.com and are expressly
managed by TucsonAutoStore.com. The compilation and the design of the
Site contents and the contents on the Site is the sole property of
TucsonAutoStore.com and is protected by Copyright and Trademark Laws.
This site or any portion of this site can not be reproduced, duplicated,
copied, sold, resold or otherwise exploited for any commercial purpose
without written permission by TucsonAutoStore.com or the third party
content provider to TucsonAutoStore.com. User, by accepting these Terms
of Use, agrees and acknowledges that it will not copy, reproduce or
download any information, text, images, video clips, directories, files,
databases or listings available on the Site, for the purpose of
re-selling or re-distributing the Site content, mass mailing, or
otherwise commercially exploiting the Site content without written
permission from TucsonAutoStore.com.
User further agrees to grant to TucsonAutoStore.com a non-exclusive and
royalty free with the right to sublicense, reproduce, transmit,
distribute, create any derivative works of, publicly use, reuse or
display any materials or information you publish, transmit or provide to
TucsonAutoStore.com by any means.
By User's acceptance of the Terms of Use, User also grants to
TucsonAutoStore.com all the rights to use its name or company
information in connection with the submitted materials and other
information as well as in connection with any or all the advertising,
marketing and promotional materials related thereto.
The Function of the Site
Through the Site, TucsonAutoStore.com provides an electronic web-based
platform for exchanging information between buyers and sellers of goods
and services. TucsonAutoStore.com, the Site, acts as a venue for users
to locate people to trade with and to negotiate the quality of goods and
services. Yet, TucsonAutoStore.com is not certainly involved in the
actual transaction between trading parties. TucsonAutoStore.com does not
represent the seller or the buyer in any transactions and does not
charge any commissions from the parties of transactions. As a result,
TucsonAutoStore.com has no control over and is not responsible for the
quality, safety, availability or legality of the provider's items in
trades, the truth or accuracy of the items and their information, the
ability of traders to fulfill their obligation in any trade agreement.
Users are solely responsible for all of the transactions conducted on,
through or as a result of use of the Site, including, without
limitation, terms regarding payment, returns, warranties, shipping,
insurance, fees, taxes, licenses, fines, handling, transportation and
storage.
User, hereby, agrees and acknowledges that there may be risks of dealing
with people acting under false pretences. Because the user verification
on the Internet is difficult, TucsonAutoStore.com cannot and does not
confirm each User's registered personal or company information,
including, without limitation, TucsonAutoStore.com encourages you
(user), by using your experience and common sense, to evaluate with whom
you are dealing.
Because TucsonAutoStore.com is not involved in the actual transaction
between buyers and sellers, in the event that any user has a dispute
with any party to a transaction, the User releases and agrees to
indemnify TucsonAutoStore.com from all claims, costs, expenses, demands
and damages, actual and consequential, of every kind and nature, known
and unknown, suspected and unsuspected, disclosed, arising out of or in
any way connected with such disputes.
Third Parties and Content
User acknowledges and agrees that some of the content like data, files,
texts, graphics, photos, videos, logos, banners, advertising materials
and other content materials, displayed on this Site is provided or
posted by third parties or other Users. Any content provided or posted
by third parties or other Users, whether publicly posted or privately
transmitted, is the sole responsibility of the party or the person from
which such content originated. In other words, User, and not
TucsonAutoStore.com, is entirely responsible for all content that he/she
uploads, posts, emails or otherwise transmits via the features and
services provided by TucsonAutoStore.com.
TucsonAutoStore.com does not control the user or third party content
posted via the products and services. As such TucsonAutoStore.com is not
responsible for and does not guarantee the accuracy, integrity, quality,
propriety, or lawfulness of any third party or User content, and shall
not be liable to any User in connection with such User's reliance of
such third party content. In addition, TucsonAutoStore.com is not
responsible for the conduct of any User's activities on the Site, and
shall not be liable to any person in connection with any damage suffered
by any person as a result of such User's conduct. As a general
condition, although TucsonAutoStore.com reserves the right to do so,
TucsonAutoStore.com does not pre-screen user or third party content
posted on this Site. TucsonAutoStore.com does not guarantee that any
screening will be done to your satisfaction or that any screening will
be done at all. TucsonAutoStore.com reserves the right to monitor some,
all, or no areas of the features, products and services for adherence to
these Terms of Use.
This Site may contain hyperlinks in the form of word link, banners or
otherwise, to other websites that are controlled by parties other than
TucsonAutoStore.com. Users must be aware that TucsonAutoStore.com is not
responsible for any use of such other websites, even when said website
is accessed through a link from the TucsonAutoStore.com.
TucsonAutoStore.com does not control these websites, does not monitor
such sites and bears no responsibility or liability for, nor should
TucsonAutoStore.com be deemed in any way to endorse or approve of, the
contents, products, services and information on the linked website.
TucsonAutoStore.com encourages you to read such sites' Terms of Use and
Privacy Policies before using such sites.
Users must be aware that messages or information sent by other Users
through communication systems provided by the Site or through emails and
fax or letters to addresses obtained from the Site is out of
TucsonAutoStore.com's control and monitoring ability and so User
acknowledges that TucsonAutoStore.com can not be held responsible or
liable for the content of these messages and information. The message
sender shall be responsible for the content of all the messages
communicated, as well as the consequences of any such message.
Users acknowledge and agree that by using the features, products and
services provided in this Site, a user may be exposed to content that is
offensive, indecent or objectionable. Under no circumstances will
TucsonAutoStore.com be liable in any way for any user or third party
content, including, but not limited to, for any errors or omissions in
any such content, or for any loss or damage of any kind incurred as a
result of the use of any such content posted, emailed or otherwise
transmitted via the features, products and services provided by the
Site.
Registration and Membership
Certain of the products and services will require the user to register.
A User must fill out some online registration forms to become a "Member"
of TucsonAutoStore.com. These forms contain information about the member
and its company such as name, address, contact information, details of
business, etc. As registering for the Site, you (User) agree that; you
have provided true, accurate, valid and complete information about
yourself or company you represent and you also agree that you will
promptly update the member information to keep it true, accurate, valid,
and complete when changes occur. Users may edit, update or alter their
personally identifiable information at any time by using the tools
provided by the Site.
If the User provides or attempts to give any information, that is
untrue, inaccurate, invalid, or incomplete, TucsonAutoStore.com has the
rights and authorities to suspend or terminate User's registration and
refuse any or all use of TucsonAutoStore.com and its features, products
and services. If you have registered for TucsonAutoStore.com on behalf
of a business entity or a company, you represent and warrant that you
have the authority to bind such entity or company to the Terms of Use
and the address you use is the principal place of business of such
business entity.
All information given through registrations becomes the exclusive
property of TucsonAutoStore.com and its subsidiaries. By becoming a
Member, you consent to the inclusion of your personal data in
TucsonAutoStore.com's database and authorize TucsonAutoStore.com to
share such information with other Users and Members. TucsonAutoStore.com
reserves the right to use and reuse all registration and other
personally identifiable user information.
For more details about sharing and using information, please refer to
our Privacy Policy which governs the protection and the use of User
information in TucsonAutoStore.com's possession. User hereby accepts the
Privacy Policy and any updates and amendments thereto. Each User
acknowledges that TucsonAutoStore.com may change the Privacy Policy,
without prior notice, by posting the updated version on this Site. Your
continuation of use of the Site shall be deemed to be your acceptance of
the Privacy Policy and its amendments.
Members may be allotted some telecommunication means including but not
limited to email account, audio or visual meeting facilities, making
inquiries, etc. The member shall not use these facilities for junk mail,
chain letters or spamming or the transmission of any unlawful,
harassing, abusive, threatening, harmful, vulgar, indecent, obscene or
otherwise objectionable material of any kind. User acknowledges that
TucsonAutoStore.com may and has the authority to refuse registration and
deny the issuance of Member ID and Password to any User for whatever
reason.
By filling out registration forms, a member is assigned a unique Member
ID among member IDs and a password the member chooses for logging in its
account. Members are responsible for maintaining the confidentiality of
the member ID and password, and are fully responsible for all activities
that occur under that member ID or password. So you must ensure that you
exit (log out) from your account at the end of each session.
TucsonAutoStore.com cannot be and will not be liable for any loss or
damage arising from your failure to comply with these requirements.
Fees
Members may pay an annual membership fee to TucsonAutoStore.com for
using the Site's certain features, products and services related to
their membership. Free members may also purchase certain extra features,
products and services which are not included in their membership
packages with respect to their membership types.
TucsonAutoStore.com may at its sole discretion add to, delete, or change
some or all of the contents of the Site or its functionality, or change
the applicable fees for using the Site at any time.
Members are responsible for paying all applicable taxes in addition to
fees of features, products and services they use.
Paid membership fee will not be refunded even though a member requests
to terminate its membership before the expiry of the membership period.
Rules of Conduct
By using TucsonAutoStore.com, User hereby warrants and agrees to provide
TucsonAutoStore.com with true, accurate, current and complete
information to be displayed on this Site and maintain and promptly amend
all information to keep it true, accurate, current and complete.
User hereby grants an irrevocable, perpetual, worldwide and
royalty-free, sub-licensable license to TucsonAutoStore.com, to display,
use and reuse all information provided by such User in accordance with
the purposes set forth in these Terms of Use and to exercise the
copyright, publicity, and database rights the User has in such material
or information, in any media known.
User hereby represents, warrants and agrees that it has obtained all
necessary third party copyright or trademark licenses and permissions
and shall be solely responsible for ensuring that any material or
information it posts on the Site or provides to TucsonAutoStore.com or
authorizes TucsonAutoStore.com to display, or the products represented
thereby, do not violate the copyright, trademark, trade secret or any
other personal or proprietary rights of any third party, or is posted
with the permission of the owners of such rights.
Any of the following is automatically considered a material breach of
these Terms of Use and forfeiture of any or partial access to the Site
and/or its products and services:
- Using the Site in violation of local, national, or international laws;
- Violating any ordinance or regulation including without limitation,
those governing export control, consumer protection, unfair competition
or false advertising
- Posting, uploading, emailing or transmitting any trade leads,
information, data, text, files, links, chat, communication, or any other
materials or any content that are unlawful, harmful, illegal,
threatening, abusive, intruding another's privacy, slanderous, vulgar,
racist, embarrassing or otherwise objectionable to any other person or
entity as determined by TucsonAutoStore.com in its sole discretion
- Collecting or storing personally identifying information about other
users for unlawful or unauthorized purposes
- Being obscene or containing any pornography or sex-related
merchandising or any other content or otherwise promoting sexually
explicit materials
- Being harmful to minors
- Impersonating any person or providing false information on your
registration form
- Posting or transmitting any unsanctioned advertising, promotional
materials, including junk mail, spam, chain letters or any unsolicited
mass distribution of email
- Posting or transmitting any data or material which contains computer
viruses, corrupted files or any other similar destructive software and
codes that may damage or have the effect of interfering with or
intercepting any software or hardware system, data or personal
information
- Posting material that infringes on the intellectual property rights,
copyright, patent, trademarks, trade secret or other rights of others
- Acting in any other manner, which in TucsonAutoStore.com, in its sole
discretion finds unacceptable
User acknowledges and agrees that TucsonAutoStore.com shall have the
right (but not the obligation), in its sole discretion, to refuse to
publish, remove, or block access to any content that is available via
the features, products and services provided by this Site, at any time,
for any reason, or for no reason at all, with or without notice.
TucsonAutoStore.com may also terminate access to, or membership in
TucsonAutoStore.com, or any portion thereof, for violating these Terms
of Use. You acknowledge and agree that you must evaluate, and bear all
risks associated with the use of any content, including any reliance on
the accuracy, completeness, or usefulness of such content. In this
regard, you acknowledge that you may not rely on any content created by
or obtained through the use of this Site's features, products and
services.
User acknowledges and agrees that TucsonAutoStore.com may preserve the
content and may also disclose it if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to comply with legal process, to enforce the Terms of Use, to
respond to claims that any content violates the rights of third-parties;
or for the protection of the rights, property, or personal safety of
TucsonAutoStore.com, its users and the public. User acknowledges and
agrees that the technical processing and transmission of User's content
may involve transmissions over various networks and/or may involve
changes to conform and adapt to technical requirements of such networks
or devices.
TucsonAutoStore.com reserves the right to cooperate fully with
governmental authorities and/or injured third parties in the
investigation of any suspected criminal or wrongdoing. Further,
TucsonAutoStore.com may disclose the User's identity and contact
information, if requested by a government or law enforcement body, an
injured third party, or as a result of a legal action, and
TucsonAutoStore.com shall not be liable for damages or results thereof
and User agrees not to bring any action or claim against
TucsonAutoStore.com for such disclosure.
TucsonAutoStore.com also has the right (but not the obligation) to
suspend or terminate any user account for any feature, product or
service because of user inactivity for a certain period of time. This
period is 90 days. TucsonAutoStore.com has the right to change duration
of mentioned time period, with or without prior notice, by updating this
posting.
Disclaimer of Warranties & Limit of Liability
TucsonAutoStore.com makes no representations or warranties about the
validity, accuracy, correctness, reliability, quality, stability,
completeness or currentness of any information provided on this web
site. Information on this web site may contain inaccuracies or
typographical errors. Information may be changed or updated without
notice.
User expressly understands and agrees that the use of the features and
services of this web site is at User's own risk. TucsonAutoStore.com
cannot always foresee or anticipate technical or other difficulties.
These difficulties may result in loss of data or other service
interruptions. Also, any material or information downloaded or otherwise
obtained through the Site is done at each User's sole discretion and
risk and each User is solely responsible for any damage to its computer
system or loss of data that may result from the download of any such
material.
TucsonAutoStore.com expressly disclaims all warranties of any kind,
whether express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement.
TucsonAutoStore.com makes no warranty that (a) the features, products
and services provided by the Site will meet User's requirements, (b) The
service will be uninterrupted, timely, secure, or error-free, (c) The
results that may be obtained from the use of the services will be
accurate or reliable, (d) The quality of any products, services,
information, or other material purchased or obtained by User through the
features and services of this Site will meet User's expectations.
User expressly understands and agrees that TucsonAutoStore.com shall not
be liable for any direct, indirect, special, punitive, incidental,
exemplary or consequential damages or any damages whatsoever, resulting
from; (a) the use or the inability to use the Site (b) any defect in
goods, samples, data, information or services purchased or obtained from
a User or a third-party service provider through the Site (c)
Unauthorized access to or alteration of any User's transmissions, data
or private information by third parties (d) statements or conduct of any
User of the Site (e) any material, data or information posted by third
parties.
Further, TucsonAutoStore.com makes no representations whatsoever about
other web sites which you may access through this one. When a User
accesses a web site other than TucsonAutoStore.com, User acknowledges
and understands that it is independent from TucsonAutoStore.com,
TucsonAutoStore.com has no control over the content on that web site,
and that a link to other web site does not mean that TucsonAutoStore.com
endorses or accepts any responsibility for the content, use, or products
and services made available through such web site.
IN NO EVENT WILL TucsonAutoStore.com BE LIABLE TO ANY PARTY FOR ANY
DIRECT, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB
SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION,
ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA
OR OTHERWISE.
INFORMATION, FEATURES, PRODUCTS AND SERVICES ON TucsonAutoStore.com SITE
IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION, QUALITY, DURABILITY,
PERFORMANCE, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS,
UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
TucsonAutoStore.com shall not be liable to the User for delays or
failures in performance or disruption of the content, features or
services of the Site resulting directly or indirectly from Acts of God,
forces or causes beyond its reasonable control, including but not
limited to, internet failures, telecommunications or any other equipment
failures, electrical power failures, labor disputes, riots,
disturbances, fires, flood, storms, explosions, acts of war,
governmental actions, orders of domestic or international courts.
General Conditions
User agrees to indemnify and hold TucsonAutoStore.com and its
affiliates, executives, directors and employees, harmless from any claim
or demand (including legal expenses and the expenses of other
professionals) made by a third party due to or arising out of User's
breach of these Terms of Use or the documents it incorporates by
reference, or User's violation of any law or the rights of a third
party.
The Terms of Use contained within this Agreement constitute the entire
agreement and understanding between TucsonAutoStore.com and the User,
superseding any previous understanding(s) between TucsonAutoStore.com
and the User. Furthermore, User agrees that they have not relied upon
any representations or warranties that are not set forth expressly in
these Terms of Use.
Headings used in this Agreement are for reference purposes only and in
no way define, limit, construe or describe the scope or extent of such
part or section the Agreement.
Governing Laws
This Terms of Use Agreement and your use of the website shall be
governed and construed by the laws of the United States of America. Each
party irrevocably agrees to be bound by any judgment rendered thereby in
connection with this Terms of Use Agreement.
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