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Tri County Sales Inc. - Terms of Use
This page states the "Terms and Conditions" under which you may use TCSmexia.com. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Tri County Sales Inc. (the "Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason. Use of Web Site Content.
The Company
authorizes You to view and access a single copy of the content available
on or from TCSmexia.com (the "Web Site") solely for your
personal, noncommercial use. The contents of
this Web Site, and of all other websites under the Company's control,
whether partial or otherwise (the Website and such other websites are
sometimes collectively referred to as "Tri County Sales Sites")
such as text, graphics, images, logos, button icons, software and other
Web Site content (collectively, "Web Site Content"), are
protected under both United States and foreign copyright, trademark and
other laws. All Web Site Content is the property of the Company or its
content suppliers or clients. The compilation (meaning the collection,
arrangement and assembly) of all content on this Web Site is the exclusive
property of the Company and protected by U.S. and international copyright
laws. Unauthorized use of the Web Site Content may violate copyright,
trademark, and other laws. You must retain all copyright, trademark,
service-mark and other proprietary notices contained in the original Web
Site Content on any copy You make of the Web Site Content. You may not
sell or modify the Web Site Content or reproduce, display, publicly
perform, distribute, or otherwise use the Web Site Content in any way for
any public or commercial purpose. The use of the Web Site Content on any
other web site or in a networked computer environment for any purpose is
prohibited. You shall not copy
or adapt the HTML code that the Company creates to generate any Web Site
Content or the pages making up any Tri County Sales Websites. It is also
protected by the Company's copyright. Acceptable Site Use. General Rules:
Users may not use any Tri County Sales Website in order to transmit,
distribute, store or destroy material, including without limitation Web
Site Content, (a) in violation of any applicable law or regulation, (b) in
a manner that will infringe the copyright, trademark, trade secret or
other intellectual property rights of others or violate the privacy,
publicity or other personal rights of others, or (c) that is defamatory,
obscene, threatening, abusive or hateful. Tri County Sales Website
Security Rules.
Users are
prohibited from violating or attempting to violate the security of any Tri County Sales Website,
including, without limitation, (a) accessing data not intended for such
user or logging into a server or account which the user is not authorized
to access, (b) attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without
proper authorization, (c) attempting to interfere with service to any
user, host or network, including, without limitation, via means of
submitting a virus to any Tri County Sales Website, overloading,
"flooding", "spamming", "mailbombing" or
"crashing", or (d) forging any TCP/IP packet header or any part
of the header information in any e-mail or newsgroup posting. Violations
of system or network security may result in civil or criminal liability.
The Company will investigate occurrences which may involve such violations
and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations. Specific Prohibited Uses. Tri County Sales Websites
may be used only for lawful purposes by individuals seeking to purchase
vehicles and financing and dealers seeking vehicles and other items sold
on this site. The Company specifically prohibits any use of the Web Site,
and all users agree not to use the Web Site, for any of the following: Posting any
incomplete, false or inaccurate personal or financial information or
information which is not your own or accurate . Sending unsolicited
mail or e-mail, making unsolicited phone calls or sending unsolicited
faxes regarding promotions and/or advertising of products or services to a
user of a Tri County Sales Website. Deleting or
revising any material posted by any other person or entity. Using any device,
software or routine to interfere or attempt to interfere with the proper
working of any Tri County Sales Website or any activity being conducted on
this site. Taking any action
which imposes an unreasonable or disproportionately large load on any Tri County Sales Website's
infrastructure. If You have a
password allowing access to a non-public area of this Web Site, disclosing
to or sharing your password with any third parties or using your password
for any unauthorized purpose. Notwithstanding
anything to the contrary contained herein, using or attempting to use any
engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search any Tri County Sales Website other than the
search engine and search agents available from the Company on such Tri County Sales Website
and other than generally available third party web browsers (e.g.,
Netscape Navigator, Microsoft Explorer). Attempting to
decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of any Tri County Sales Website.
Aggregating,
copying or duplicating in any manner any of the Web Site Content or
information available from any Tri County Sales Website. Framing of or
linking to any of the Web Site Content or information available from any Tri County Sales Website.
User Information. When You submit
information the Web Site, You will be asked to provide personal data with
certain information including, without limitation, a valid email address
(your "Information"). In addition to the terms and conditions
that may be set forth in any privacy policy on this Web Site, You
understand and agree that the Company may disclose to third parties, on an
anonymous basis, certain aggregate information contained in your
registration application. The Company will not disclose to any third party
your name, address, e-mail address or telephone number without your prior
consent, except to the extent necessary or appropriate to comply with
applicable laws or in legal proceedings where such information is
relevant. The Company reserves the right to offer third party services and
products to You based on the preferences that You identify in your
registration and at any time thereafter; such offers may be made by the
Company or by third parties. Please see the Company's Privacy Policy for
further details regarding your Information. User Submissions. As a user, You are
responsible for your own communications and are responsible for the
consequences of their posting. You must not, and by using any Tri County Sales Website
You agree not to, do the following things: post material that is
copyrighted, unless You are the copyright owner or have the permission of
the copyright owner to post it; post material that reveals trade secrets,
unless You own them or have the permission of the owner; post material
that infringes on any other intellectual property rights of others or on
the privacy or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing to
another user or any other person or entity; post material that is
off-topic on topic-specific message boards; post a sexually explicit image
or statement; post advertisements or solicitations of business, post chain
letters or pyramid schemes; impersonate another person; or post material
that contains viruses, Trojan horses, worms, time bombs, cancelbots or
other computer programming routines or engines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or information. The Company does
not represent or guarantee the truthfulness, accuracy, or reliability of
communications posted by users or endorse any opinions expressed by users.
You acknowledge that any reliance on material posted by other users will
be at your own risk. We appreciate
hearing from our customers and welcome your comments regarding our
services and the Tri County Sales Websites. Please be advised, however,
that our policy does not permit us to accept or consider creative ideas,
suggestions, inventions or materials other than those which we have
specifically requested. While we do value your feedback on our services,
please be specific in your comments regarding our services and do not
submit creative ideas, inventions, suggestions, or materials. If, despite
our request, You send us creative suggestions, ideas, drawings, concepts,
inventions, or other information (collectively the
"Submission"), the Submission shall be the property of the
Company. None of the Submission shall be subject to any obligation of
confidence on our part and we shall not be liable for any use or
disclosure of any Submission. The Company shall own exclusively all now
known or later discovered rights to the Submission and shall be entitled
to unrestricted use of the Submission for any purpose whatsoever,
commercial or otherwise, without compensation to You or any other person
who submitted the Submission. Registration and Password. You are responsible
for maintaining the confidentiality of your information and password. You
shall be responsible for all uses of your registration, whether or not
authorized by You. You agree to immediately notify the Company of any
unauthorized use of your registration or password. Identification Of
Agent To Receive Notification And Elements Of Notification Of Claimed
Copyright Infringement If You believe that
your copyrighted work has been uploaded, posted or copied to this Web Site
and is accessible on this Web Site in a way that constitutes copyright
infringement, please notify us by providing our designated copyright agent
with the following information:
We
have designated Steve Smith as our agent to receive notices of claims of
copyright infringement on our web site. You can contact Steve as follows:
Tri CountySales, Tri County Sales Inc..,
TCSmexia.com, and all of our affiliated companies respect the intellectual
property of others, and we ask our users, account holders and content
partners to do the same. The unauthorized reproduction, copying,
distribution, modification, public display or public performance of
copyrighted works constitutes infringement of the copyright owners rights.
As a condition to your use of this Web Site, You agree not to use the Web
Site or any other Tri County Sales Website to infringe the intellectual
property rights of others in any way. We will terminate the accounts of
any account holders, and block access to our Web Site and/or the other Tri County Sales Websites
of any users, who are repeat infringers of the copyrights, or other
intellectual property rights, of others. We reserve the right to take
these actions at any time, in our sole discretion, with or without notice,
and without any liability to the account holder who is terminated or to
the user whose access is blocked. The Company's Liability. TCSmexia.com
is only a venue. This Web Site acts as a venue for salespersons to post
vehicle listings and other items and does not screen or censor the
listings offered. The Company is not involved in the actual transaction
between salespersons and candidates. As a result, the Company has no
control over the quality, safety or legality of the listings posted, the
truth or accuracy of the listings, the ability of company to deliver to
candidates or the ability of candidates to make purchases. In addition,
note that there are risks, including but not limited to the risk of
physical harm, of dealing with strangers, foreign nationals, underage
persons or people acting under false pretenses. You assume all risks
associated with dealing with other users with whom You come in contact
through the Web Site and/or the other Tri County Sales Websites. Because user
authentication on the Internet is difficult, the Company cannot and does
not confirm that each user is who they claim to be. Because we do not and
cannot be involved in user-to-user dealings or control the behavior of
participants on any Tri County Sales Website, in the event that You have a
dispute with one or more users, You release the Company (and our agents
and employees) from claims, demands and damages (actual and consequential,
direct and indirect) 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. If You are a California resident,
You waive California Civil Code d1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor." We are under no
legal obligation to, and generally do not, control the information
provided by other users which is made available through the Web Site
and/or the other Tri County Sales Websites. By its very nature, other
people's information may be offensive, harmful or inaccurate, and in some
cases will be mislabeled or deceptively labeled. We expect that You
will use caution and common sense when using this Web Site and/or the
other Tri County Sales Websites. The Web Site
Content may contain inaccuracies or typographical errors. The Company
makes no representations about the accuracy, reliability, completeness, or
timeliness of any Tri County Sales Website or the Web Site Content. The
use of Tri County Sales Websites and the Web Site Content is at your own
risk. Changes are periodically made to Tri County Sales Websites and may
be made at any time. You acknowledge and
agree that You are solely responsible for the form, content and accuracy
of any resume or material contained therein placed by You on the Tri County Sales Websites.
Salespersons are solely responsible for their postings on Tri County Sales Websites.
The Company is not
to be considered to be a seller with respect to your use of any Tri County Sales Website
and the Company shall not be responsible for any sales decisions, for
whatever reason made, made by any entity posting listings on any Tri County Sales Website.
THE COMPANY DOES
NOT WARRANT THAT ANY TCS SITE WILL OPERATE ERROR-FREE OR THAT ANY TCS SITE
AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
IF YOUR USE OF ANY TCS SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT
RESPONSIBLE FOR THOSE COSTS. THE TCS SITES AND WEB SITE CONTENT ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE
COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS,
AND LINKS. Disclaimer of Consequential Damages.
IN NO EVENT SHALL
THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY TCS SITE
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE ANY TCS SITE AND THE WEB SITE CONTENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Links to Other Sites. The Web Site and
certain other Tri County Sales Websites contain links to third party web
sites. These links are provided solely as a convenience to You and not as
an endorsement by the Company of the contents on such third-party Web
sites. The Company is not responsible for the content of linked
third-party sites and does not make any representations regarding the
content or accuracy of materials on such third party Web sites. If You
decide to access linked third party Web sites, You do so at your own risk.
No Resale or Unauthorized Commercial
Use. You agree not to
resell or assign your rights or obligations under these Terms of Use. You
also agree not to make any unauthorized commercial use of any Tri County Sales Website.
LIMITATION OF LIABILITY
TCS'S
MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY TCS SITE OR
YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION
(WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT
EXCEED $1. Termination. The Company
reserves the right, at its sole discretion, to pursue all of its legal
remedies, including but not limited to deletion of your postings from this
Web Site and the other Tri County Sales Websites and immediate termination
of your registration with or ability to access this Web Site and the other
Tri County Sales Websites and/or any other service provided to You by the
Company, upon any breach by You of these Terms and Conditions or if the
Company is unable to verify or authenticate any information You submit to
the Web Site or other Tri County Sales Website registration. Indemnity. You agree to
defend, indemnify, and hold harmless the Company, its officers, directors,
employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees,
alleging or resulting from (i) any material You provide to a Tri County Sales Website,
(ii) any Web Site Content that You use or (iii) your breach of the terms
of these Terms and Conditions. The Company shall provide notice to You
promptly of any such claim, suit, or proceeding and shall assist You, at
your expense, in defending any such claim, suit or proceeding. General. The Company makes
no claims that the Web Site Content may be lawfully viewed or accessed
outside of the United States. Access to the Web Site Content may not be
legal by certain persons or in certain countries. If You access the Web
Site from outside of the United States, You do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. These Terms
and conditions are governed by the internal substantive laws of the
Commonwealth of Massachusetts, without respect to its conflict of laws
principles. Jurisdiction for any claims arising under this agreement shall
lie exclusively with the state or federal courts within Boston,
Massachusetts. If any provision of these Terms and Conditions are found to
be invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions
of these Terms and Conditions, which shall remain in full force and
effect. No waiver of any term of these Terms and Conditions shall be
deemed a further or continuing waiver of such term or any other term.
Except as expressly provided in additional terms of use for areas of the
Web Site, a particular "Legal Notice," or Software License or
material on particular Web pages, these Terms and Conditions constitute
the entire agreement between You and the Company with respect to the use
of Web Site. No changes to these Terms and Conditions shall be made except
by a revised posting on this page. Additional Terms of Use. Certain areas of
this Web Site and the other Tri County Sales Websites are subject to
additional terms of use. By using such areas, or any part thereof, You
agree to be bound by the additional terms of use applicable to such areas.
In addition,
without limiting any of the other disclaimers of warranty set forth in
these Terms of Use, TCS does not provide or make any undertaking as to the
quality or nature of any of the products or services purchased through TCSmexia.com
or any other Tri County Sales Website, or any other representation,
warranty or guaranty. Any such undertaking, representation, warranty or
guaranty would be furnished solely by the provider of the applicable
class, or learning material, product or service, under the terms agreed to
by the provider.
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