Introduction and Agreement. This website (the
"Site") is owned and operated by SpreadYourAd. These Terms of Service
apply to the national version of the Site, located at www.SpreadYourAd.com, as
well as to any versions of the Site that SpreadYourAd.com co-brands with affiliates. You may have arrived at a co-branded version of
the Site from an Affiliate's website, in which case, that Affiliate will be
identified at the top of this page. By using the Site, you hereby agree that you
are at least eighteen (18) years of age and bound by all of the following
provisions of these Terms of Service. Click here to review the Site's Privacy
Statement.
SpreadYourAd.com Is an Advertising Service. SpreadYourAd.com operates the Site as
an online advertising service for car buyers, sellers and
enthusiasts. SpreadYourAd.com does not sell vehicles directly and is never a party to
any transaction between buyers and sellers. As a result, SpreadYourAd.com does not (a)
guarantee or ensure any vehicle or any transaction between a buyer and seller,
(b) collect or process payment or transfer of title on behalf of buyers or
sellers, or (c) warehouse, store, ship or deliver any vehicles.
Site Content. All information and content available on this Site (collectively,
"Content") is protected by copyright and other intellectual property laws. The
Content is owned by SpreadYourAd.com, its Affiliates, and/or their respective licensors
and suppliers (collectively, "Licensors"). The Content is intended for personal
and noncommercial use only. While you may interact with or download a single
copy of any portion of the Content for your personal and noncommercial
entertainment, information or use, you may not reproduce, sell, publish,
distribute, modify, display, perform, re-post or otherwise use any portion of
the Content in any other way or for any other purpose without the prior written
consent of SpreadYourAd.com. Requests regarding use of the Content for any
purpose other than personal, noncommercial use should be directed to admin@spreadyourad.com.
Associated Press ("AP") text, photos, graphics, audio and/or video material
shall not be published, broadcast, rewritten for broadcast or publication, or
redistributed directly or indirectly in any medium. Neither these AP materials
nor any portion thereof may be stored in a computer except for personal and
noncommercial use. AP will not be held liable in any way to any User or to any
third party or to any other person who may receive information from the Site or
to any other person whatsoever, for any delays, inaccuracies, errors or
omissions therefrom or in the transmission or delivery of all or any part
thereof or for any damages arising from any of the foregoing or occasioned
thereby.
Software. Please note that all software programming, including without
limitation all HTML and other code contained in this Site (collectively,
"Software"), is owned by SpreadYourAd.com and/or its Licensors and is protected by
copyright laws and other intellectual property laws, as well as international
treaty provisions. Any unauthorized access to, reproduction, redistribution,
publication, display or other use of the Software is expressly prohibited by law
and may result in severe civil and/or criminal penalties. Violators will be
prosecuted to the maximum extent possible.
Linking. If you operate a website and wish to link to the Site, you must link to
the Site's home page unless permission otherwise has been granted in writing by
SpreadYourAd.com. SpreadYourAd.com reserves the right to reject or terminate any links to the
Content or the Site.
User Materials. By submitting ads, content, photos, data or other materials
("Materials") to the Site, you hereby grant to SpreadYourAd.com and its Affiliates a
royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully
sublicensable right and license to copy, modify, display, distribute, perform,
create derivative works from, and otherwise use and exploit all such Materials
in any form, media, software or technology of any kind now existing or developed
in the future. You further grant to SpreadYourAd.com and its Affiliates a royalty-free
right and license to use your name, image and likeness in connection with the
reproduction or distribution of the Materials.
SpreadYourAd.com Rights. Given the nature of the Site and the volume of messages and
postings, SpreadYourAd.com cannot and does not monitor all of the Materials posted or
transmitted by you and other third-party information providers. SpreadYourAd.com
reserves the right, in its sole discretion, to monitor, refuse to publish,
remove, delete, move or edit any Materials without notice, at any time for any
reason. By using the Site, you expressly agree that SpreadYourAd.com (a) will not be
liable to any claims, actions or judgments arising out of or related to any
Materials and (b) may monitor, refuse to publish, remove, delete, move or edit
any Materials without notice at any time for any reason, without liability and
without providing a refund.
Representations/Indemnity. You hereby represent and warrant that (a) you have
all necessary authority, rights and permissions to submit the Materials to the
Site, (b) the Materials do not and will not infringe or misappropriate any
copyright, trademark, trade secret, patent or other intellectual property right
of any third party, including any rights of privacy or publicity, and (c) the
Materials do not and will not violate any applicable law or regulation
including, but not limited to, any automobile advertising laws or regulations,
or cause injury to any person. You agree to release, defend, indemnify and hold
SpreadYourAd.com, its Affiliates, the Licensors, and their respective officers,
directors, employees, agents and contractors harmless from and against any and
all claims, costs, demands or expenses, including attorneys' fees, arising from
(i) any distribution, publication, refusal to publish, removal, deletion,
movement, editing or other use of the Materials you provide, (ii) your use of
the Site or any reliance on the Content, (iii) your breach of these Terms of
Service or (iv) any actual, prospective or terminated sale or other transaction
between you and a third party.
Prohibited Activities. The following is a partial list of the kinds of
activities that are prohibited on or through the Site: (a) submitting Material
that is patently offensive to the online community, such as content that
promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual; (b) engaging in activities or submitting Material that could be
harmful to minors; (c) engaging in activity or submitting Material that harasses
or advocates harassment of another person; (d) engaging in activity that
involves the transmission of "junk mail" or unsolicited mass mailing or "spam"
to SpreadYourAd.com Users or others; (e) engaging in activity or submitting Material, or
promoting information, that is fraudulent, false or misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libelous; (f) submitting Material that contains restricted or password-only
access pages, or hidden pages or images; (g) submitting Material that displays
pornographic or sexually explicit material of any kind; (h) submitting Material
that provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses; (i) engaging in activities or submitting Materials that
solicit passwords or personally identifiable information for unlawful purposes
from other Users; (j) engaging in commercial activities and/or sales without our
prior written consent, such as contests, sweepstakes, barter, advertising and
pyramid schemes; (k) using the Site's lead forms and/or toll-free numbers to
advertise or promote products and services to SpreadYourAd.com advertisers; (l) using
any robot, spider or other automatic device, or a manual process, to monitor or
copy web pages or the Content contained in the Site or for any other
unauthorized purpose without our prior expressed written permission; (m) using
any device, software or routine to interfere or attempt to interfere with the
proper working of the Site; (n) decompiling, reverse engineering, disassembling
or otherwise attempting to obtain the source code for the Software; or (o)
taking any action that imposes an unreasonable or disproportionately large load
on SpreadYourAd.com's hardware and software infrastructure (collectively, "Prohibited
Activities").
Sell It Yourself Rules. By listing your vehicle for sale through the Site you acknowledge and agree to
all Terms and Conditions, which are available here:
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON
ITS CONTENT IS AT YOUR OWN RISK. SPREADYOURAD.COM, ITS AFFILIATES AND THEIR RESPECTIVE
THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND
REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING
SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING.
THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE
PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND SPREADYOURAD.COM, ITS AFFILIATES AND
THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS
OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF
NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS
SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. SPREADYOURAD.COM AND THE AFFILIATES MAKE
NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR
PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR
CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY
INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. SPREADYOURAD.COM CANNOT AND DOES NOT
VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.
SPREADYOURAD.COM
RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON
THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL
CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED
WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. EXCEPT AS EXPRESSLY SET FORTH
IN THE TERMS AND CONDITIONS, SPREADYOURAD.COM DOES NOT MAKE AND
EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU
REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY
REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE,
OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES
OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR
VEHICLE FOR SALE. Some states do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability. SPREADYOURAD.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS,
EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE
LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM
OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING
SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION,
DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM
LIABILITY OF SPREADYOURAD.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES,
AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS
($50). Some states do not allow the exclusion or limitation of
incidental or consequential damages of implied warranties, so the above
exclusion or limitation may not apply to you.
Termination of Service. You understand and agree that in SpreadYourAd.com's sole
discretion, and without prior notice, your access to this Site may be terminated
or suspended, and SpreadYourAd.com may exercise any other remedy available and remove
any Materials, if SpreadYourAd.com believes that your use of the Site and/or any
Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of
SpreadYourAd.com, any Affiliate or Licensor, or another User of the Site, or (iii) any
law or regulation, or are otherwise objectionable or inappropriate or (b)
constitute fraudulent activity of any nature. You agree that monetary damages
may not provide a sufficient remedy to SpreadYourAd.com for violations of these Terms of
Service, and you consent to injunctive or other equitable relief for such
violations without the requirement that SpreadYourAd.com post a bond.
SpreadYourAd.com is not
required to provide any refund to you if you are terminated as an authorized
User of the Site because, in SpreadYourAd.com's sole discretion, you have violated these
Terms of Service.
Miscellaneous. These Terms of Service may be changed at any time and you will be
notified of any such changes by an updated posting of the new Terms of Service
on this page of the Site. Your continued use of the Site after the posting of
any amended Terms of Service shall constitute your agreement to be bound by any
such changes. SpreadYourAd.com may modify, suspend, discontinue or restrict the use of
any portion of the Site without notice or liability. This Site includes links to
other websites not established or supervised by SpreadYourAd.com or any Affiliate.
SpreadYourAd.com and its Affiliates do not endorse, sponsor or guarantee these
linked websites and are not responsible in any way for any advice, content,
information, practices, products or services related to or made available
through such linked websites. As a condition of using this Site,
you agree that all causes of action arising out of or connected with this Site
shall be resolved individually, without resort to any form of class action. If
for any reason a court of competent jurisdiction finds any provision of these
Terms of Service, or portion thereof, to be unenforceable, that provision of
these Terms of Service will be enforced to the maximum extent permissible so as
to affect the intent of the parties, and the remainder of these Terms of Service
will continue in full force and effect. Failure by SpreadYourAd.com to enforce any
provision of this Terms of Service will not be deemed a waiver of future
enforcement of that or any other provision of these Terms of Service. This Terms
of Service constitutes the entire agreement between the parties regarding the
subject matter hereof. Neither this Terms of Service, nor any terms and
conditions contained herein, shall be construed as creating a partnership, joint
venture or agency relationship or granting a franchise between the parties.
©2006 SpreadYourAd.com
