Century 21 Maddux Fair Grove
Online Service Agreement
This site (the "Service") is an online information and communication service provided by Century 21 Maddux, Fair Grove ("Provider"), subject to your agreement with all of the terms and conditions set forth below. Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by all of the terms and conditions below, which are intended to be fully effective and binding upon the Providers and users of the Service. The Providers may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your accessing or using the Service constitutes your acceptance of the Agreement as it appears at the time of your access or use.
ACCESS TO PROVIDERS' COMPUTER SYSTEM(S) IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Any warranty that is provided in connection with any of the products or services described herein, is provided by the owner, manufacturer, advertiser only, and not by Providers.
THE REFERENCES AND DESCRIPTIONS OF PRODUCTS OR SERVICES OR MATERIALS WITHIN THE COMPUTER SYSTEM ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Providers are not liable for any damages, including any consequential damages, of any kind which may result to the user from the use of the computer system, or any of the products or services described herein.
Potential users in any jurisdiction in the world, the common, statutory, regulatory, or codified law of which would void this Agreement in whole or in any essential part (the essential parts being at least, but not only, the exclusive venue and exclusive remedy provisions, and warranty disclaimer), or which makes accessing the Service illegal, are unauthorized to use the Service, and do so entirely at their own risk.
The Service is presented by the Providers for the sole purpose of disseminating vehicle sales information for public benefit. THE SERVICE IS NOT TARGETED TO USERS IN ANY PARTICULAR LOCALITY, NOR IS IT INTENDED TO CONSTITUTE THE DOING OF BUSINESS IN ANY JURISDICTION, NOR TO BE A SOLICITATION OF BUSINESS ANYWHERE ON BEHALF OF THE PROVIDERS OR ANY OF THEIR AFFILIATED CORPORATIONS AND/OR ASSIGNS, NOR TO CONSTITUTE ANY CONTACTS WITH ANY JURISDICTION OUTSIDE OF THE STATE OF MISSOURI.
ANY OFFER FOR ANY PRODUCT OR SERVICE MADE IN THE COMPUTER SYSTEM IS VOID WHERE PROHIBITED. Although the Providers' computer systems are accessible worldwide, not all products or services provided in the computer system are available to all persons or in all geographic locations. Providers reserve the right to limit the provision of its products or services to any person, or geographic area they so desire, and to limit the quantities of any product or services provided.
You understand that, except for information, products or services clearly identified as being supplied by the Providers, the Providers do not operate, control or endorse any information, products or services on the Internet, including on the Service, in any way.
ALTHOUGH PROVIDERS TRY TO ENSURE THE INTEGRITY AND ACCURATENESS OF THE COMPUTER SYSTEM, THEY AT NO TIME MAKE ANY GUARANTEES AS TO THE CORRECTNESS OR ACCURACY OF THE INFORMATION ON THE COMPUTER SYSTEM. The possibility exists that the Providers' computer system(s) could include inaccuracies or errors. You also understand that the Providers cannot and do not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. The possibility also exists that unauthorized additions, deletions and alterations could be made by other parties to the computer system (either through routine maintenence activities or simple human error). The Providers do not assume any responsibility or risk for your use of the Service.
UNAUTHORIZED ATTEMPTS TO UPLOAD OR CHANGE INFORMATION ON THIS SERVICE ARE STRICTLY PROHIBITED AND MAY BE PUNISHABLE UNDER THE COMPUTER FRAUD AND ABUSE ACT OF 1986.
THIS IS A RESTRICTED ACCESS COMPUTER SYSTEM WHICH ADHERES TO SIMILAR POLICIES INSTITUTED BY DEPARTMENT OF DEFENSE (DoD) INTEREST COMPUTER SYSTEMS. All DoD computer systems are subject to monitoring at all times to ensure proper functioning of equipment and systems, including security devices, to prevent unauthorized use and violations of statutes and security regulations, to deter criminal activity, and for other similar purposes. User understands that if monitoring of this computer system reveals possible evidence of violation of criminal statutes, this evidence and any other related information, including identification information about the user may be freely provided to law enforcement officials.
Except for authorized law enforcement investigations, no other attempts are made to identify individual users or their usage habits. Raw data logs are used for no other purposes and are scheduled for regular destruction in accordance with National Archives and Records Administration General Schedule 20. All data collection activities are in strict accordance with DoD Directive 5240.1.
Sophisticated anti-spam countermeasures are in place that effectively limit the transfer of any unsolicited commercial or non-commercial email. Providers relay email for AS6213 only. Persons who relay unsolicited commercial email, successfully or unsuccessfully, through this system will be subject to immediate revocation of access and possible criminal charges in accordance to applicable local, state, and federal laws.
IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
By utilizing any of the free services of this website, you, the user and/or the listed participant, agree to indemnify and hold harmless Providers, their officers, directors, and employees, from and against any claims, liabilities, losses, costs, damages or expenses (including attorney's fees) arising from your use of or participation in this service or the information contained thereon.
Providers are not liable to the users of this service or its listed participants for the content, quality, performance or any other aspect of any information provided by the listed participants and transmitted by this service or for any errors in the transmission of said information. Nor are Providers responsible to any person for any damages arising in any manner out of the use of this computer system(s) or any information provided from the computer system(s). The users and participants acknowledge that they assume all risk and/or responsibility for any loss or damage arising from any uses of this service.
This Agreement is entered-into and performed in the State of Missouri, United States of America, and is governed by and shall be construed in all respects under the laws of Missouri, exclusive of its choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the Service, each party irrevocably submits to the exclusive personal jurisdiction of the Missouri State District Court sitting in Greene County, Missouri, or if such court does not have subject-matter jurisdiction, then each party irrevocably submits to the exclusive personal jurisdiction of the United States Court for the District of Western Missouri, and whichever of those two courts has jurisdiction, each party waives any jurisdictional, venue, or inconvenient forum objections to such court.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter. It may not be modified except as described elsewhere in this Agreement. Anything in the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
|
|
