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TERMS OF
SERVICE
All individuals who
use BAYAREACARDEAL.COM (NAPES, INC.) agree to the following “Terms of
Service”. All protection provided to BAYAREACARDEAL.COM (NAPES, INC.) is
also provided to the sponsors, advertisers, affiliates, officers,
employees, owners, volunteers, moderators, and board of director members
of BAYAREACARDEAL.COM (NAPES, INC.).
If you are visiting
the website or register as a member of BAYAREACARDEAL.COM (NAPES, INC.),
these Terms of Service will govern your use of BAYAREACARDEAL.COM,
including access to message boards, chat rooms, the e-mail account and
personal website that may be provided to you in connection with
BAYAREACARDEAL.COM and other features. BY VISITING OR SIGNING ON TO
BAYAREACARDEAL.COM A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS
AND SELECTING THE “LOG IN” OPTION, YOU ARE INDICATING YOUR AGREEMENT TO
BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM
TIME TO TIME. BAYAREACARDEAL.COM (NAPES, INC.) shall not be liable to
you for any breach of these Terms of Service. If you do not agree to
these Terms of Service, please do not register for or enter
BAYAREACARDEAL.COM (NAPES, INC.). Unauthorized access, distribution,
reproduction, copying, retransmission, publication, sale, exploitation
(commercial or otherwise), or any other form of transfer of any portion
of BAYAREACARDEAL.COM (NAPES, INC.), including but not limited to all
content, services, digital products, courses, events, tools or products
is hereby expressly prohibited.
requesting a quote
By requesting a quote
through the dealer quote service (the "service"), you agree that: the
service is provided "as is". Individual dealers, and not
BayAreaCarDeal.Com or any
of its third party intermediary providers or contractors, are
responsible for the quotes and promises they provide to you, and for
their actions, products, and services ("collectively, dealer services").
Neither BayAreaCarDeal.Com
nor any of its third party intermediary providers or contractors makes
any guarantees, warranties or representations of any kind with respect
to dealer services, and they expressly disclaim any and all implied
warranties, including without limitation those of merchantability and
fitness for a particular purpose.
The professionals,
advertisers, and web sites who promote themselves and who are promoted
at BAYAREACARDEAL.COM (NAPES, INC.), especially through
BAYAREACARDEAL.COM (NAPES, INC.) directory listings and other
advertising, are separate entities from BAYAREACARDEAL.COM (NAPES,
INC.), and their exposure on BAYAREACARDEAL.COM (NAPES, INC.) web site
does not constitute endorsement or advocacy by BAYAREACARDEAL.COM
(NAPES, INC.). Please consult with the Chamber of Commerce and Better
Business Bureau if you wish to check the credibility of these
organizations. BAYAREACARDEAL.COM (NAPES, INC.) will not be responsible
for any damages that result from using the services or products of a
professional, advertiser or web site who is promoted at
BAYAREACARDEAL.COM (NAPES, INC.).
BAYAREACARDEAL.COM
(NAPES, INC.) websites provides many links to other web sites as a
public service to you and it is impossible for us to constantly monitor
what is on each of the sites we link to. BAYAREACARDEAL.COM (NAPES,
INC.) is not liable for any damages that result from following any of
the links provided at BAYAREACARDEAL.COM (NAPES, INC.).
BAYAREACARDEAL.COM
(NAPES, INC.) assumes no liability for any damages resulting from any
referral.
BAYAREACARDEAL.COM
(NAPES, INC.) cannot guarantee the accuracy of any statistics or other
information that is presented through the site and therefore is not
liable for any resulting damages.
All information provided on this site is
believed to be reliable but is not guaranteed and should be
independently verified.
BAYAREACARDEAL.COM
(NAPES, INC.) assumes no liability for damages resulting from failures
of the site, server, files, or programming, or damages resulting from
“hackers” or “viruses”, hardware failure, or other website downtime or
data loss.
By asking a question
of BAYAREACARDEAL.COM (NAPES, INC.), you agree that any counsel given by
e-mail, telephone, or through the website is non-authoritative, and that
you will not rely upon this information, and that you will consult with
a qualified professional before making any decisions. You agree that
BAYAREACARDEAL.COM (NAPES, INC.) assumes no liability from answering
these questions, or posting this information.
BAYAREACARDEAL.COM
(NAPES, INC.) may modify these Terms of Service from time to time in its
sole discretion. You understand and agree that such modifications or
additional Terms are hereby incorporated by reference into these Terms
of Service. BAYAREACARDEAL.COM (NAPES, INC.) may modify or discontinue
BAYAREACARDEAL.COM (NAPES, INC.) website with or without notice to you
and without liability to you or any third party.
BAYAREACARDEAL.COM
(NAPES, INC.) reserves the right, at its sole discretion, to
immediately, without notice to suspend or terminate these Terms of
Service; any registrations with or ability to access BAYAREACARDEAL.COM
(NAPES, INC.) and/or any other service provided to by BAYAREACARDEAL.COM
(NAPES, INC.).
You may order
services or merchandise through BAYAREACARDEAL.COM (NAPES, INC.) from
other companies or persons (“Seller”) not affiliated with
BAYAREACARDEAL.COM (NAPES, INC.). All matters concerning the merchandise
and services desired from Seller, including but not limited to purchase
terms, payment terms, warranties, guarantees, maintenance and delivery,
are solely between you and Seller. BAYAREACARDEAL.COM (NAPES, INC.)
makes no warranties or representations whatsoever with regard to any
goods or services provided by Sellers. You will not consider
BAYAREACARDEAL.COM (NAPES, INC.) nor will BAYAREACARDEAL.COM (NAPES,
INC.) be construed as a party to such transactions, whether or not
BAYAREACARDEAL.COM (NAPES, INC.) may have received some form of revenue
or other remuneration in connection with the transaction or be liable
for any costs or damages arising out of, either directly or indirectly,
you or any other person involved or related to the transaction.
ABOUT YOUR PRIVACY
By
clicking 'Get Dealer Quotes' or 'Get a Cash Offer', you are providing
the personal information collected on this page to the dealers and
dealer networks and they may contact you. To learn how individual
dealers may use your personal information, please contact them directly.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF BAYAREACARDEAL.COM (NAPES, INC.)
IS AT YOUR SOLE RISK. BAYAREACARDEAL.COM (NAPES, INC.) IS PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS. BAYAREACARDEAL.COM (NAPES, INC.)
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
BAYAREACARDEAL.COM
(NAPES, INC.) MAKES NO WARRANTY THAT BAYAREACARDEAL.COM (NAPES, INC.)
WILL MEET YOUR REQUIREMENTS, OR THAT BAYAREACARDEAL.COM (NAPES, INC.)
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
BAYAREACARDEAL.COM (NAPES, INC.) MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF BAYAREACARDEAL.COM (NAPES, INC.).
BAYAREACARDEAL.COM (NAPES, INC.) WILL NOT BE LIABLE FOR ANY DIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH
MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF BAYAREACARDEAL.COM
(NAPES, INC.).
YOU UNDERSTAND AND
AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF BAYAREACARDEAL.COM (NAPES, INC.) IS 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 SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND
AGREE THAT BAYAREACARDEAL.COM (NAPES, INC.) DOES NOT GUARANTEE THE
ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION
WITH BAYAREACARDEAL.COM (NAPES, INC.). BAYAREACARDEAL.COM (NAPES, INC.)
IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS
OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED
WITH THE UNDERSTANDING THAT NEITHER BAYAREACARDEAL.COM (NAPES, INC.) NOR
ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN BAYAREACARDEAL.COM
(NAPES, INC.), ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR
OTHER PROFESSIONAL SERVICES OR ADVICE. BAYAREACARDEAL.COM (NAPES, INC.)
ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY
SITUATION OR PROBLEM WHICH YOU MAY HAVE.
BAYAREACARDEAL.COM
(NAPES, INC.) SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR
ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION
OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR
PARTICIPATION IN BAYAREACARDEAL.COM (NAPES, INC.) IS SOLELY AT THE YOUR
OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM BAYAREACARDEAL.COM (NAPES, INC.) OR THROUGH BAYAREACARDEAL.COM
(NAPES, INC.) SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
BAYAREACARDEAL.COM
(NAPES, INC.) MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH BAYAREACARDEAL.COM (NAPES, INC.) OR ANY
TRANSACTIONS ENTERED INTO THROUGH BAYAREACARDEAL.COM (NAPES, INC.).
LIMITATION OF LIABILITY
BAYAREACARDEAL.COM (NAPES, INC.) SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
RESULTING FROM THE USE OR THE INABILITY TO USE BAYAREACARDEAL.COM
(NAPES, INC.) OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
BAYAREACARDEAL.COM (NAPES, INC.) OR RESULTING FROM UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF BAYAREACARDEAL.COM (NAPES, INC.) HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold BAYAREACARDEAL.COM
(NAPES, INC.), their parents, subsidiaries, affiliates, officers and
employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of your
use of BAYAREACARDEAL.COM (NAPES, INC.), the violation of these Terms of
Service by you, or the infringement by you, or any other subscriber of
your account, of any intellectual property or other right of any person
or entity.
APPLICABLE AND GOVERNING LAW
Any action, proceeding, dispute, claim or controversy arising out
of or relating to this Site or these Terms of Service, or any
BAYAREACARDEAL.COM (NAPES, INC.) or BAYAREACARDEAL.COM (NAPES, INC.)
products or services offered on or accessed via the Site, shall be
governed by California State law and controlling U.S. federal law,
without application of any choice of law rules and be subject to the
exclusive jurisdiction of the courts of the State of California located
in San Francisco County, and you hereby submit to the jurisdiction of
said courts.
REMEDIES FOR BREACH OF THESE TERMS
In the event that BAYAREACARDEAL.COM (NAPES, INC.) determines, at
its sole discretion, that you have breached any portion of these Terms
of Service, or have otherwise demonstrated conduct inappropriate for the
community of BAYAREACARDEAL.COM (NAPES, INC.), BAYAREACARDEAL.COM
(NAPES, INC.) reserves the right to warn you via e-mail that you have
violated these Terms of Service; delete any content provided by you or
your agent(s) to BAYAREACARDEAL.COM (NAPES, INC.), delete all content
provided by you to BAYAREACARDEAL.COM (NAPES, INC.), discontinue your
registration with BAYAREACARDEAL.COM (NAPES, INC.) and/or any other
BAYAREACARDEAL.COM (NAPES, INC.) community; notify and/or send content
to and/or fully cooperate with the proper law enforcement authorities
for further action; and/or any other action which BAYAREACARDEAL.COM
(NAPES, INC.) deems to be appropriate.
__________________________
Conclusion
Neither BAYAREACARDEAL.COM (NAPES, INC.), its affiliates, its sponsors,
nor any other contributors take responsibility for any consequence
relating directly or indirectly to any information, recommendations,
advice, treatment, computer, networking, site error, human error,
procedure, release of information, links to other sites, action or
application of medicine or law by any person using BAYAREACARDEAL.COM
(NAPES, INC.) web site or any other services of BAYAREACARDEAL.COM
(NAPES, INC.). |
