Acceptance of Terms of Use and Amendments
Each time you
use or cause access to this website, you agree to accept the terms of this
Visitor Agreement, and as amended from time to time with or without notice to
you. In addition, if you are using a particular service on or through this
website, you will be subject to any rules or guidelines applicable to those
services and they shall be incorporated by reference into this Visitor
Agreement. Please see our Privacy Policy, which is incorporated into this
Visitor Agreement by reference.
Our Service
Our
website and services provided to you on and through our website on an “AS IS”
basis. You agree that the owners of this website exclusively reserve the right
and may, at any time and without notice and any liability to you, modify or
discontinue this website 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.
Ga Listed is a Venue
Posting and Responding to Classified Ads.
We take your security
seriously, so please be aware of our position on transactions that are initiated
through classified ad listings on Ga Listed. We do not get involved in
transactions between buyers and sellers. Ga Listed is a Venue. Ga Listed acts
as a venue to allow anyone to sell new and used cars and other items at anytime,
from anywhere. We are not involved in the actual transaction between buyers and
sellers. We will never send you an email encouraging you to complete the sale of
an item listed on our site or ask for payment information. We do not verify
information about buyers or sellers. We will never send you an email assuring
you that a transaction is secure or that we've verified information about a
particular buyer or seller. We do not offer escrow services. We are not
affiliated with nor do we endorse any escrow services. As a result, we have no
control over the quality, safety or legality of listings published or to the
truth or accuracy of the listings, the ability of sellers to sell items or the
ability of buyers to buy items, or the ability of a service company to provide
the advertised service. We cannot ensure that a buyer or seller will actually
complete a transaction. Because we are a venue, in the event that you have a
dispute with one or more users, you release Ga Listed (and our officers,
directors, agents, subsidiaries, joint ventures 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.
Your
Responsibilities and Registration Obligations
In order to use this
website, you must register on our site, agree to provide truthful information
when requested, and be at least the age of thirteen (13) or older. When
registering, you explicitly agree to our Terms of Use and as may be modified by
us from time to time and available here.
Privacy Policy
Registration data and other personally identifiable information that we may
collect is subject to the terms of our Privacy Policy.
Registration and Password
You are responsible to
maintain the confidentiality of your password and shall be responsible for all
uses via your registration and/or login, whether authorized or unauthorized by
you. You agree to immediately notify us of any unauthorized use or your
registration, user account or password.
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. We
shall not be responsible to you in any way for the Content that appears on this
website nor for any error or omission.
You explicitly agree, in using
this website or any service provided, that you shall not:
(a) provide any
Content or perform any conduct that may be unlawful, illegal, threatening,
harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar,
obscene, offensive, objectionable, pornographic, designed to or does interfere
or interrupt this website 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.
(b) 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.
(c) collect or harvest any data about
other users.
(d) provide or use this website 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.
(e) 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.
(f) create more than one account for yourself. Users found having multiple accounts will have all extra accounts deactivated. Users found in repeated violation of this policy will have their account deactivated.
Submission of Content on this Website
By providing any Content to
our website:
(a) you agree to grant to us 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.
(b) 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;
(c) 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.
Third Party Services.
Goods and services of third
parties may be advertised and/or made available on or through this website.
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.
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 website or service, your
provision of Content, your violation of this Terms of Use or any other violation
of the rights of another person or party.
DISCLAIMER OF
WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE
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.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
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.
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
website, 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
website or service without our prior written consent.
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 at the following address:
Contact Us
Applicable Law
You agree that this Visitor Agreement and any
dispute arising out of your use of this website or our products or services
shall be governed by and construed in accordance with local laws where the
headquarters of the owner of this website is located, without regard to its
conflict of law provisions. By registering or using this website and service you
consent and submit to the exclusive jurisdiction and venue of the county or city
where the headquarters of the owner of this website is located.
Miscellaneous Information
(i) In the event that this Visitor Agreement 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 this Terms of Use will remain valid and intact; (ii) The failure of either
party to assert any right under this 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 website 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 this Terms
of Use and we shall be relieved of any further obligation.