Terms and Conditions
Date of last revision: August 5, 2010
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY WEBSITE SERVICES PROVIDED TO YOU BY CARSIFIED.COM AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF CARSIFIED.COM'S LIABILITY AND DISCLAIMERS.
1. These Terms and Conditions
In accordance with the following 'Terms and Conditions', Carsified Inc. grants to you as an authorized user of this Carsified.com Website certain rights as set out below and in return you agree to perform certain obligations.
Please read these User Terms carefully. They are a legal document and, by your continued use of the Website, you agree to be bound by these Terms and Conditions.
2. Licence to Use Material on the Website
Carsified.com grants to you a non-exclusive, non-transferable, royalty-free license to use all the material on the Website including: software, documentation, text, pictures, graphics, articles, and advertising material.
You are entitled to view, copy, print, access, download and transmit for the purposes expressly permitted in these Terms and Conditions and store the Carsified.com Material provided that you do NOT:
Remove any notices relating to the ownership of copyright or other intellectual property rights in the Carsified.com Material;
Modify, translate, reverse engineer, reproduce, disassemble (except as expressly permitted by law) or create derivative works of any of the Carsified.com Material;
Rent, lease, sub-license, loan, copy or give or transfer any rights in the Carsified.com Material in any form, to any person or entity without the prior written consent of Carsified.com.
Any product, processor technology referred to in the Carsified.com Material may be subject to other intellectual property rights of Carsified.com and are not made available hereunder.
3. Ownership of Intellectual Property Rights
Notwithstanding the limited rights granted to you Carsified.com retains all ownership, title and interest in the intellectual property rights contained in the Carsified.com Material including but not limited to copyright, database rights, trademarks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction.
Carsified.com is a Registered Trademark of Carsified Inc. All other product names and company logos mentioned in the information, documents or other items provided or available herein may be the trademarks of their respective owners.
4. Duration of User Terms and Termination
These User Terms are binding upon you immediately. You accept them by your use of this Website, and they will remain in force until the earlier of the following:
You breach any of the terms of the license granted to you.
Carsified.com terminates the terms by notice to you at any time in accordance with these Terms and Conditions.
You terminate these Terms by notice to Carsified.com at any time in accordance these Terms and Conditions
In the event that these Terms and Conditions are terminated for any of the reasons stated above, you agree to comply with the following obligations:
The license granted to for the use of this site shall be terminated forthwith and you shall have no further rights to use the Carsified.com Material;
You must delete or destroy any of the Carsified.com Material stored by you in electronic or hard copy form as soon as reasonably practicable; and
You will have no further rights to access or use the Website or any of the services provided on the Website.
5. Carsified.com's Responsibilities
Carsified.com undertakes to use commercially reasonable endeavors to prevent breaches of security of the Website.
The Web Site is provided by Carsified.com on an "as is" and "as and when available" basis to you. You use the Website at your own risk.
Carsified.com makes no representation or warranty that the Website or services offered via the Website will be accessible, or useable by you or error free. Carsified.com uses reasonable efforts to include accurate and up-to-date information on the Website. The information, documents or other items provided or available on this Web Site could include technical inaccuracies or typographical errors. Carsified.com makes no warranties or representations as to its accuracy. Carsified.com assumes no liability or responsibility for any errors or omissions in the content on the Website.
Carsified.com is not an agent for and does not represent those persons, companies and other organizations whose goods or services may be displayed or referred to on the Website.
The advertisements placed on the Website by you or any other third party does not constitute any part of an offer or contract. Carsified.com makes no warranty or representation that the items advertised for sale via the Website are offered:
(i) free of encumbrance, charge or any other unexpired right in the item;
(ii) that such advertising is a statement or representation of fact.
You should carry out any checks or searches that may reveal faults in the title or suitability of the item for your own purposes and receive independent advice before you purchase such item.
Carsified.com reserves the right, without notice to you, to remove any Carsified.com Material from the Website or to suspend or alter the operation of the Website or any of the services on the Website, at its sole discretion or for legal or technical reasons. Carsified.com will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons. Carsified.com may make improvements and/or changes to the information or documents provided or available on this Website at any time.
Carsified.com may make available to you information based on the opinion of Carsified.com or on the opinion of an affiliate of Carsified.com. You should not rely upon any such opinion as a recommendation by Carsified.com of the goods or services available on the Website. Professional advice should be sought before purchasing any item on the Website or before entering into any legally binding agreement.
6. Your Responsibilities
You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Website or any of the services on the Website. You must take all reasonable steps to ensure that these usernames and passwords are kept confidential and secure and you do not allow any unauthorized person to access the Website or any of the services on the Website using your username or password.
You agree that you will not use the Web Site or any of the services on the Web Site as follows:
To send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
To send or distribute multiple unsolicited emails or messages (i.e. 'spam') or to cause any other person annoyance, inconvenience or worry;
For any purposes connected to any business, including sending any unsolicited advertisements or promotional material.
You agree to indemnify Carsified.com against any claims, costs, expenses or legal proceedings caused as a result of your use of the Website or the services on the Website. Further, in these circumstances, Carsified.com shall be entitled to treat the contravention as a material breach of these Terms and Conditions and terminate any access permission granted to you by Carsified.com forthwith, without notice to you.
Postings created by users on any part of the Carsified.com Websites, ("Postings") are the responsibility of the user creating the Postings. Carsified.com HAS NO RESPONSIBILITY FOR POSTINGS. However, Carsified.com retains the right, which it may or may not exercise, in its sole discretion, to review, edit, refuse or delete any Postings for any reason whatsoever. Carsified.com will not be liable to you or any third-party for any modification or discontinuance of your Postings.
You acknowledge and agree that Carsified.com may preserve Postings and may also disclose any information as necessary to satisfy any law, regulation or governmental request, comply with legal process, enforce these Terms and Conditions or to protect itself, its users and/or the public.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. Without limiting the generality of the foregoing, you agree not to:
Infringe any proprietary or other rights of third parties, including any copyright, trademark, patents, trade secrets, privacy or other proprietary or property right;
Contain any libelous, tortious or otherwise unlawful information;
Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including, without limitation, rights relating to privacy and publicity;
Are inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful;
Denigrate a class of people because of their race, religion, country of origin, sexual orientation or gender;
Depict violent or criminal acts, or seek to incite violence or crime;
Relate or pertain to any "hate group," for example, groups that are organized in part to promote the oppression of or assert the supremacy of any class of people;
Include a photograph of another person or personal information of another person or use that person's correspondence, diaries or personal documents without that person's consent;
Post, transmit, link to, or otherwise distribute any Postings that involve or promote commercial activities or seek solicitations on behalf of charities or donations of any kind, including but not limited to, promoting any contests, sweepstakes, barter, advertising or franchise, pyramid scheme, multi-level marketing opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity.
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
Could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
Information about Carsified.com and any Carsified.com affiliates that is posted on this Website has been extracted from publicly available data about Carsified.com and the relevant Carsified.com affiliates, as applicable. Such information contains a true and accurate picture of Carsified.com's activities as of the date when it was published. While every effort has been made to ensure the accuracy of all information contained on this Website and to update it regularly, Carsified.com disclaims any duty or obligation to update the information herein and any liability for any inaccuracies. You should check to see if more recent information is available.
Carsified.com has used its discretion, best judgment and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.) or other items provided or available on this Website, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights. Carsified.com hereby disclaims any liability to any person for any kind of loss or damage including, but not limited to, any special, incidental, indirect or consequential damages caused by errors or omissions in the information, documents or other items provided or available herein, whether such errors or omissions result from negligence, accident or any other cause.
Your use and browsing of the Website is at your risk. Neither Carsified.com nor any other party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of the Website.
Whilst Carsified.com has used all reasonable efforts in maintaining this Website virus free, it declines any liability for personal or property damage, especially direct, indirect, immediate or subsequent pecuniary loss, which may result from transmission or downloading of computer viruses. Especially excluded is liability for hardware damage, loss of data, alteration of data, or downtime.
Carsified.com is not and will not be a party to, or responsible for, any transaction concerning items advertised for sale on the Website. All agreements are entered into by you and the third party advertiser and/or third party providing the goods and/or services only.
The express terms of these Terms and Conditions are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
You may send a legal notice to Carsified.com, or any questions you may have concerning these Terms and Conditions by e-mail to info@Carsified.com. Such notices will be effective within 3 days of receipt by Carsified.com
Carsified.com may send you notice by general notice on this Website, by e-mail to your e-mail address on record with Carsified.com, or by post to the geographical address on record with Carsified.com. Such notice will be effective if sent by e-mail or posted on the Website, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by Carsified.com
Carsified.com reserves the right to add to or change the terms of these Terms and Conditions in its sole discretion without your prior consent. All changes to the Terms and Conditions will be effective once posted on the Website. Carsified.com will provide notice on the Website of any changes to the Terms and Conditions for 30 days after Carsified.com has posted the amended Terms and Conditions on the Website. Your continued use of the Website or any of Carsified.com's services available on the Website following Carsified.com's posting of such changes will be regarded by Carsified.com as acceptance of the amended Terms and Conditions. If you do not agree to be bound by the amended Terms and Conditions you should exit the Website and not access or use any of Carsified.com's services on the Website in the future.
No variation or amendment to these Terms and Conditions by you is valid unless otherwise agreed by Carsified.com in writing and signed by a duly authorized representative of Carsified.com and you.
If any part of these Terms and Conditions are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
Your use of the Internet is solely at your risk and subject to all applicable laws, and Carsified.com has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet. Carsified.com does not assume any liability for timely, trouble-free and uninterrupted access to the Internet.
These Terms and Conditions do not affect any consumer rights that you may have under the provisions of any applicable law or regulation.
These Terms and Conditions shall be governed by Canadian Law, and subject to the non-exclusive jurisdiction of the Canadian Courts. Carsified.com makes no representation that any information, materials or functions included are appropriate for use in any other jurisdiction. If you access the Website you do so on your own initiative and are responsible for compliance with applicable local laws and regulations.