1. Acceptance Of Terms
Welcome to UsedHeavyVehicles.com. UsedHeavyVehicles.com provides its service to you subject to the following terms of service.
2. Your Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or UsedHeavyVehicles.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, UsedHeavyVehicles.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. Member Account, Password and Security
You will receive a password and member account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify UsedHeavyVehicles.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. UsedHeavyVehicles.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not UsedHeavyVehicles.com, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. UsedHeavyVehicles.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will UsedHeavyVehicles.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
You agree to not use the Service to upload, post, e-mail or otherwise transmit any Content that :
(a) is unlawful, defamatory, obscene, invasive of another's privacy,
hateful, or otherwise objectionable;
(b) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information );
(c) infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; or
(d) interferes with or disrupts the Service or servers or networks connected to the Service
UsedHeavyVehicles.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You 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.
You acknowledge and agree that UsedHeavyVehicles.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of UsedHeavyVehicles.com, its users and the public.
You agree to indemnify and hold UsedHeavyVehicles.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
7. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
8. General Practices Regarding Use and Storage
You acknowledge that UsedHeavyVehicles.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages or other uploaded Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on UsedHeavyVehicles.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that UsedHeavyVehicles.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that UsedHeavyVehicles.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that UsedHeavyVehicles.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. Modifications To Service
UsedHeavyVehicles.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that UsedHeavyVehicles.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that UsedHeavyVehicles.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if UsedHeavyVehicles.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. UsedHeavyVehicles.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that UsedHeavyVehicles.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that UsedHeavyVehicles.com shall not be liable to you or any third-party for any termination of your access to the Service.
11. UsedHeavyVehicles.com's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by UsedHeavyVehicles.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
12. Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
USEDHEAVYVEHICLES.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.
(b) USEDHEAVYVEHICLES.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USEDHEAVYVEHICLES.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USEDHEAVYVEHICLES.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF USEDHEAVYVEHICLES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
15. Special Admonition for Services Relating To Financial Matters
The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. UsedHeavyVehicles.com shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
16. Disclaimer Regarding Search
Search and Directory are free services offered by UsedHeavyVehicles.com. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, UsedHeavyVehicles.com explicitly disclaims any responsibility for the Content or availability of information contained in our search index or directory.
UsedHeavyVehicles.com, the UsedHeavyVehicles.com logo, trademarks and service marks, and other UsedHeavyVehicles.com Network logos and product and service names are trademarks of UsedHeavyVehicles.com and you agree not to display or use these in any manner without UsedHeavyVehicles.com's prior permission.