User Agreement
This Agreement is entered into between Free Moto Trader ("Free Moto Trader" or
the "Site") and the registrant to use the Free Moto Trader Website (referred to
as "you" or "your" herein). BY REGISTERING TO USE AND USING THE Free Moto Trader
Classifieds WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS AS STATED
BELOW.
1. Eligibility for Membership.
Free Moto Trader Classifieds services are only
available to individuals or businesses who can form legally binding contracts
under applicable law. Without limiting the foregoing, our services are not
available to minors. Without limiting the foregoing, our services are only
available to persons residing within the United States. If you do not qualify,
please do not use our services.
2. Money.
All classified advertisements on Free Moto Trader
Classifieds are to be listed in US Dollars. All payments to Free Moto Trader
Classifieds are to be made in US Dollars.
3. Fees.
Free Moto Trader Classifieds fees are listed at
Free Moto Trader Classifieds and are incorporated herein by reference. All fees
are quoted in U.S. Dollars. You are responsible for paying all applicable taxes
and for all hardware, software, service and other costs you incur to bid, buy,
procure a listing from us or access our servers. We may in our sole discretion
add, delete or change some or all of our services at any time.
4. Free Moto Trader Classifieds is Only a Venue.
Unless Free Moto Trader Classifieds is listed as the seller, Free Moto Trader
Classifieds is not a party to the transaction. Free Moto Trader Classifieds does
not and cannot act as a guarantor for any listing in which it is not a party.
Sellers are solely responsible for the availability and distribution of
products, their rights to sell the products, the processing of orders, and any
warranties. Buyers are responsible for their ability to participate and are
solely responsible for payment. Also, Free Moto Trader Classifieds is not
responsible for the quality, safety, or legality of the items advertised or the
truth and accuracy of the listings.
Free Moto Trader Classifieds cannot be involved
in user-to-user dealings. In the event that you have a dispute with one or more
users, you release Free Moto Trader Classifieds (and our agents 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.
5. Prohibited Items. The listing or posting of the following are STRICTLY
PROHIBITED on Free Moto Trader Classifieds: (i) firearms; (ii) adult-themed,
pornographic, obscene, nude, graphically violent, and other inappropriate images
or items; (iii) illegal items or materials; (iv) animals, if priced under
$25.00; (v) any other items, material, services, or subject matter that Free
Moto Trader Classifieds, in its sole discretion, regards as inappropriate for
its Website. Posting of these types of materials may result in losing your
account, and in some cases may result in criminal charges either from Free Moto
Trader Classifieds, other users of the system, or possibly even from legal
authorities that might monitor our system with or without our knowledge.
6. Records. Free Moto Trader Classifieds does not
guarantee preservation of records, including, but not limited to, records of
specific transactions.
7. Your Information. Your information includes
any information you provide to Free Moto Trader Classifieds or other users
during the registration, bidding or listing process, in any public message area
or through any email feature (referred to herein as "Your Information"). With
respect to Your Information:
(i) You are solely responsible for Your
Information and its accuracy. Providing false information or information which
Free Moto Trader Classifieds, in its sole discretion, believes may create
liability for it or may cause it to lose (in whole or in part) the services of
our ISPs or other suppliers is not allowed.
(ii) Your Information and the sale of your
item(s) shall not violate any law, statute, ordinance or regulation (including
without limitation those governing export control, consumer protection, unfair
competition, antidiscrimination or false advertising).
(iii) Your Information and the sale of your
item(s) shall not infringe any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy.
(iv) Your Information and the sale of your
item(s) shall not be defamatory, trade libelous, unlawfully threating or
unlawfully harassing.
(v) Your Information and the sale of your item(s)
shall not be obscene, pornographic or indecent.
(vi) Your Information and the sale of your
item(s) shall not contain any viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information.
(vii) You may not post on Free Moto Trader
Classifieds or sell through your site an item that, by paying us the listing
fee, could cause Free Moto Trader Classifieds to violate any applicable law,
statute, ordinance or regulation.
Solely to enable Free Moto Trader Classifieds to
use Your Information you supply us with, so that we are not violating any rights
you might have in that information, you agree to grant Free Moto Trader
Classifieds a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicenseable (through multiple tiers) right to exercise the copyright and
publicity rights (but no other rights) you have in Your Information, in any
media now known or not currently known, with respect to Your Information. Free
Moto Trader Classifieds will only use Your Information in accordance with our
Privacy Policy.
8. Other Users' Information.
The use of private user information, other than
as expressly permitted in our Privacy Policy., is strictly prohibited.
9. Unsolicited Commercial Email.
Users are prohibited from sending unsolicited
commercial email to other users.
10. Breach.
Free Moto Trader Classifieds may terminate your
membership and any of your current listings immediately if you breach this
Agreement or if it is unable to verify or authenticate any information you
provide to us.
11. Caution.
Free Moto Trader Classifieds does not guarantee
that it will notice or prevent any inappropriate use of our system. Free Moto
Trader Classifieds also does not guarantee that it will notice or prevent users
from registering with false personal information. Free Moto Trader Classifieds
advises you, and, by your assent to this agreement, you agree, to exercise the
same caution in doing business with users of this system that a reasonable
person would exercise in doing business with a stranger.
12. Privacy.
Our current Privacy Policy is available at
Privacy Policy. and incorporated herein by reference.
13. Our Rights.
Free Moto Trader Classifieds reserves the right
in its sole discretion to edit or delete any listings or other material
appearing on the Site, including but not limited to material posted by a.user if
necessary to comply with this User Agreement. Free Moto Trader Classifieds
reserves the right to move listings from one category to another or to end
listings as appropriate, in its sole discretion. Free Moto Trader Classifieds
reserves the right to refuse service to anyone, at any time, for any reason.
14. No Warranty.
THE Free Moto Trader Classifieds WEBSITE IS
PROVIDED "AS IS", THEREFORE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
Free Moto Trader Classifieds AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH
REGARD TO WEB PAGES, SCRIPTS, DATABASES, ANY WRITTEN CORRESPONDENCE, AND THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
15. Limit of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL Free Moto Trader Classifieds OR ITS SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING
OUT OF THE USER OF OR INABILITY TO USE THE Free Moto Trader Classifieds SITE OR
THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF Free Moto
Trader Classifieds HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (HOWEVER
ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU
PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR U.S.
$5.00.
16. General Compliance with Laws.
You shall comply with all applicable laws,
statutes, ordinances and regulations regarding your use of our service and your
bidding on, listing, purchase and sale of items.
17. No Agency.
You and Free Moto Trader Classifieds are
independent contractors, and no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended or created
by this Agreement.
18. Notices.
Except as explicitly stated otherwise, any
notices shall be given by
email (in
the case of Free Moto Trader Classifieds) or to the email address you provide to
Free Moto Trader Classifieds during the registration process (in your case), or
such other address as the party shall specify. Notice shall be deemed given 24
hours after email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the address provided to Free
Moto Trader Classifieds during the registration process. In such case, notice
shall be deemed given 3 days after the date of mailing.
19. General.
This Agreement shall be governed in all respects
by the laws of the State of North Carolina as such laws are applied to
agreements entered into and to be performed entirely within North Carolina
between North Carolina residents. Both parties submit to jurisdiction in North
Carolina and further agree that any cause of action arising under this Agreement
shall be brought exclusively in a court in Raleigh, North Carolina. We do not
guarantee continuous, uninterrupted or secure access to our services, and
operation of our Site may be interfered with by numerous factors outside of our
control. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall
be enforced. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our failure to
act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. This Agreement sets forth the
entire understanding and agreement between us with respect to the subject matter
hereof.
20. Limited Right to Use.
The viewing, printing, or downloading of any
content, graphic, form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale, preparation of
derivative works or other use. No part of any content, form, or document may be
reproduced in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but not for resale
or redistribution). The content, organization, graphics, design compilation,
magnetic translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of the
Site, except as allowed herein, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials.
21. Indemnification.
You agree to indemnify, defend and hold Free Moto
Trader Classifieds and its partners, officers, staff and affiliates harmless
from any liability, loss, claim and expense, including attorneys' fees, related
to your violation of this Agreement.
22. Amendments.
Free Moto Trader Classifieds reserves the right
to make changes to this Agreement at any time by posting the amended terms on
the Free Moto Trader Classifieds Website. Amended terms shall automatically be
effective 30 days after they are posted. This Agreement may not be otherwise
amended except in writing agreed to and signed by both parties.
23. Disclosures. The services hereunder are
offered by RDU Classifieds. Fees for our services are described at Free Moto
Trader Classifieds Fees. If you have any questions, please
contact us.
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