Terms of Use
1. INTRODUCTION. By using RCFS (including RockCrawlersForSale.com and any related sites or services) (collectively the “Site”), you agree to the following terms with RockCrawlersForSale.com, (RCFS) a Utah corporation. This Agreement is effective as of April 14, 2014, for all users visiting this site, or members accepted (collectively “you” or “users”) after said date. RCFS reserves the right to modify and amend this Agreement at its discretion, without providing notice to any current or new users. RCFS suggests you review the Agreement frequently, including any related privacy policy or other terms of use, so that you are aware of any changes to the User Agreement. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
2. SCOPE OF THE USER AGREEMENT. Before you may become a member or user of the Site, you must read and accept all of the terms in, and/or linked to, this User Agreement and the RockCrawlersForSale.com Privacy Policy (incorporated by reference as though fully set forth herein). By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use the Site, or when you use the tools we make available to interact with the Site.
3. TERMS OF USE. While using the Site you agree that you will not:
· post any content that is abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable in any way;
· post any content protected by copyright or other intellectual property laws (see Copyright below);
· utilize this site to distribute or post spam, unsolicited, or bulk electronic communications;
· distribute, post, or otherwise utilize any user content posted on the Site;
· collect information about other users, including email addresses, without their consent;
· create duplicate or multiple accounts;
· permit others access to your login information, or permit others to access the Site through your account.
4. USER REPRESENTATIONS. When providing information to the Site or RCFS, you warrant that all information provided is complete and accurate.
5. CONTENT. We reserve the right to remove any user content we consider inappropriate or abusive, any content that violates any copyright or intellectual property laws, or any content that violates any provisions of the User Agreement. We do not endorse or otherwise make any representation of any kind regarding the user content posted herein. We specifically disclaim any liability in connection with any user content on the Site.
We also reserve the right to post any of the images you upload into your listings onto various social media platforms. The purpose of this action is to promote the sale of your item and the website. We will not claim ownership of said images and will remove them if such a request is made.
6. LIMITATION OF LIABILITY. You will not hold RCFS responsible for other users’ content, actions, or inactions. Some jurisdictions do not allow the exclusion of damages, so such exclusions may not apply to you. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected to such disputes.
In addition, while every attempt is made to ensure that our site is active and functioning 24 hours a day, we will not be liable for any injury suffered as a result of any unavailability of the Site, or if your access to the Site is interrupted, restricted, or delayed for any reason. We reserve the right to temporarily suspend the operation of the Site for any reason, without providing prior notice to you. The Content is provided on the Site on an “as is” and “as available” basis. Although we reserve the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, service, or merchandise presented herein.
In no event shall RCFS or its affiliates be liable for any incidental, consequential, punitive, or special damages, direct or indirect. Any liability on the part of RCFS or its affiliates shall not exceed the fees paid by the user for the particular information or service provided. We are not liable for the unauthorized use of our Content by any other websites.
7. INDEMNITY. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
8. DISCLOSURE. We may elect to monitor areas of the Site by electronic or other means and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of any users, sponsors, or merchants. We are not responsible for screening, policing, editing, or monitoring such content.
9. TERMINATION. RCFS reserves the right to terminate your account and password, and delete any user content for any violation of this User Agreement or other conduct which RCFS determines, in its sole discretion, necessitates the termination of your account. In addition, RCFS reserves the right to terminate your account and password and delete any user content for no reason at all. In the event that your account is terminated, RCFS retains all rights to any user content previously granted in this User Agreement. By terminating your account, RCFS does not waive any other right or remedy to which it may be entitled.
10. SEVERABILITY. Should any portion of this User Agreement be determined to be unenforceable, null, or void, said determination shall not affect any other portion or provision contained herein.
11. JURISDICTION. This Agreement and the provisions thereof, shall be governed by the laws of the State of Utah, without regard to conflict of law provisions. You agree that any claim or dispute you may have against RCFS must be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes.
12. ENTIRE AGREEMENT. This Agreement, and links contained herein, constitutes the entire agreement between you and RCFS. No other representations, whether verbal, written, or otherwise, have been made with respect to your use of the Site.
2. SCOPE OF THE USER AGREEMENT. Before you may become a member or user of the Site, you must read and accept all of the terms in, and/or linked to, this User Agreement and the RockCrawlersForSale.com Privacy Policy (incorporated by reference as though fully set forth herein). By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use the Site, or when you use the tools we make available to interact with the Site.
3. TERMS OF USE. While using the Site you agree that you will not:
· post any content that is abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable in any way;
· post any content protected by copyright or other intellectual property laws (see Copyright below);
· utilize this site to distribute or post spam, unsolicited, or bulk electronic communications;
· distribute, post, or otherwise utilize any user content posted on the Site;
· collect information about other users, including email addresses, without their consent;
· create duplicate or multiple accounts;
· permit others access to your login information, or permit others to access the Site through your account.
4. USER REPRESENTATIONS. When providing information to the Site or RCFS, you warrant that all information provided is complete and accurate.
5. CONTENT. We reserve the right to remove any user content we consider inappropriate or abusive, any content that violates any copyright or intellectual property laws, or any content that violates any provisions of the User Agreement. We do not endorse or otherwise make any representation of any kind regarding the user content posted herein. We specifically disclaim any liability in connection with any user content on the Site.
We also reserve the right to post any of the images you upload into your listings onto various social media platforms. The purpose of this action is to promote the sale of your item and the website. We will not claim ownership of said images and will remove them if such a request is made.
6. LIMITATION OF LIABILITY. You will not hold RCFS responsible for other users’ content, actions, or inactions. Some jurisdictions do not allow the exclusion of damages, so such exclusions may not apply to you. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected to such disputes.
In addition, while every attempt is made to ensure that our site is active and functioning 24 hours a day, we will not be liable for any injury suffered as a result of any unavailability of the Site, or if your access to the Site is interrupted, restricted, or delayed for any reason. We reserve the right to temporarily suspend the operation of the Site for any reason, without providing prior notice to you. The Content is provided on the Site on an “as is” and “as available” basis. Although we reserve the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, service, or merchandise presented herein.
In no event shall RCFS or its affiliates be liable for any incidental, consequential, punitive, or special damages, direct or indirect. Any liability on the part of RCFS or its affiliates shall not exceed the fees paid by the user for the particular information or service provided. We are not liable for the unauthorized use of our Content by any other websites.
7. INDEMNITY. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
8. DISCLOSURE. We may elect to monitor areas of the Site by electronic or other means and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of any users, sponsors, or merchants. We are not responsible for screening, policing, editing, or monitoring such content.
9. TERMINATION. RCFS reserves the right to terminate your account and password, and delete any user content for any violation of this User Agreement or other conduct which RCFS determines, in its sole discretion, necessitates the termination of your account. In addition, RCFS reserves the right to terminate your account and password and delete any user content for no reason at all. In the event that your account is terminated, RCFS retains all rights to any user content previously granted in this User Agreement. By terminating your account, RCFS does not waive any other right or remedy to which it may be entitled.
10. SEVERABILITY. Should any portion of this User Agreement be determined to be unenforceable, null, or void, said determination shall not affect any other portion or provision contained herein.
11. JURISDICTION. This Agreement and the provisions thereof, shall be governed by the laws of the State of Utah, without regard to conflict of law provisions. You agree that any claim or dispute you may have against RCFS must be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes.
12. ENTIRE AGREEMENT. This Agreement, and links contained herein, constitutes the entire agreement between you and RCFS. No other representations, whether verbal, written, or otherwise, have been made with respect to your use of the Site.