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Directory for Used Car Dealer Services, Used Car Dealer Companies Serving You Throughout the United States |
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Niche Directories Terms and Conditions:Welcome to the Niche Directories LLC (the "Website"). By using or accessing the Website and our Directory service (the "Service"), you are agreeing to comply with and be bound by the following terms and conditions (the "Agreement"). Please review the following provisions of this Agreement carefully. If you do not agree to all the terms and conditions contained in this Agreement in its entirety, you are not authorized to use this Website or the Service in any manner or form. Niche Directories is available solely for adults to purchase listings for their family and friends. This Website and Service is not intended for use by children under the age of 18. If you are under the age of 18, you are not authorized to use the Niche Directories Website and you must have a parent or legal guardian purchase a listing on your behalf.Acceptance of Agreement. You agree to the terms and conditions contained within this Agreement. This Agreement constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website and access to the Service. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted at the Website, and you should review this Agreement prior to using the Website and Service. By your continued use of the Website and Service, you hereby agree to all the terms and conditions contained within the Agreement in effect at the time. Therefore, you should regularly check this page for any and all updates and changes. Purchase. To become a customer ("Customer") and purchase the Service, you must supply detailed information concerning the purchaser, intended recipient and payment information to complete the purchase. You agree to provide accurate, current and complete information about yourself (the "Purchase Data") as prompted by our online purchase form. You also represent that we may rely on your Purchase Data as accurate, current and complete. In addition, we may ask for credit card information or employ some other age verification measure. We will use the information you supply to bill your purchase. Niche Directories reserves the right, in its sole discretion, to terminate or cancel a purchase for inaccurate, untrue, deceptive and/or incomplete Purchase Data. The Service. Upon purchasing a Directory Listing, we will create a directory listing available on the front end of the website. Editing, Deleting and Modification. We reserve the right, in our sole discretion, to edit or delete any documents, information or other content appearing on the Website and Service. In addition, Niche Directories LLC reserves the right to alter a customized Directory Listing and/or refuse to post a Directory Listing where Niche Directories LLC believes, in its sole discretion, that a Directory Listing is defamatory, threatening, abusive, harassing, vulgar, unlawful, obscene and/or otherwise offensive. Fees/Termination. You agree to pay for all charges incurred by you to purchase a Directory Listing, via the payment method you supply. Niche Directories's costs are provided to you at the Website and/or at the point of purchase, and may change from time to time in Niche Directories's sole discretion. These changes are effective when changed at the Website. Cancellation/Refund Policy. Niche Directories will cancel and/or refund your Directory Listing order if your cancel and/or refund request, sent via e-mail, postal mail or telephone, is received prior to the posting of your listing. HOWEVER, ONCE POSTED, Niche Directories DOES NOT ACCEPT AND/OR HONOR CANCELLATION AND/OR REFUND REQUESTS. Content/Conduct. As a Customer, you agree that you are solely responsible for your customization of the Directory Listing content. You agree to use the Service in a manner consistent with any and all applicable laws, rules and regulations, respecting the rights of the recipient and with the highest regard to the intellectual property rights of Niche Directories LLC, Niche Directories, its licensors and/or third parties. You understand and agree that Niche Directories LLC will not be responsible for any loss or damage resulting from the posting of the Directory Listing. Any attempt by any individual, whether or not a Customer, to damage, destroy, tamper with or vandalize this Website and/or Service, or any portion therein, or otherwise interfere with the operation of the Website and/or Service, is a violation of criminal and civil law and Niche Directories LLC will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law. Use of Your Information. We reserve the right, and you authorize us, to use and assign all information regarding your Website and Service use, and any and all other personal information provided by you, in any manner consistent with our Privacy Policy, as amended from time to time, which is hereby made a part of this Agreement. We may monitor your Website and Service usage and use this information as required by any law, regulation or court order. You may use the Website and/or Service on one computer for your own personal, non-commercial use. No part of the Website and/or Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and/or Service, its associated content, or any portion thereof. Niche Directories LLC reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Service. You may not take any action that imposes an unreasonable or disproportionately large load on the Niche Directories LLC infrastructure. Your right to use the Website and/or Service is not transferable. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website and Service are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Website and/or Service is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed, accessed and/or obtained at or through the Website and/or Service. The posting of information or material at the Website does not constitute a waiver of any right in such information and materials by Niche Directories LLC. External Links. The Website may provide, links to other Internet websites and/or resources. Because Niche Directories LLC has no control over such websites and/or resources, you hereby acknowledge and agree that Niche Directories LLC is not responsible for the availability of such third party websites and/or resources. Furthermore, Niche Directories LLC does not endorse, and is not responsible or liable for, any content, advertising, products and/or other materials at or available from such third party websites or resources, or for any possible damages and/or losses arising therefrom. Indemnification. You agree to indemnify, defend and hold harmless Niche Directories LLC, its parents, affiliates, officers, directors, employees, agents, shareholders, licensors, suppliers and attorneys (collectively, "Affiliated Parties") from any and all against all losses, expenses, damages and costs, including reasonable attorneys' fees, in-house counsel time and settlement costs, resulting from any violation of this Agreement and/or your use of the Website and/or Service. The provisions of this paragraph are for the benefit of Niche Directories LLC and its Affiliated Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf. WARRANTIES/LIMITATION OF LIABILITY. THE WEBSITE, SERVICE AND DIRECTORY LISTINGS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE, SERVICE AND DIRECTORY LISTING MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICE OR A DIRECTORY LISTING. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND/OR OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE WEBSITE, THE SERVICE AND DIRECTORY LISTING EACH WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL WE AND/OR OUR AFFILIATED PARTIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE MAILING OR CONTENT OF ANY DIRECTORY LISTING. WE CANNOT GUARANTEE, AND DO NOT PROMISE, ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR SERVICE. WE AND/OR OUR AFFILIATED PARTIES ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH THE UNITED STATES POSTAL SERVICE INCLUDING, WITHOUT LIMITATION, THE FAILURE OF A RECIPIENT TO RECEIVE A DirectoryBY CHRISTMAS AND/OR RECEIVING A DirectoryWITHOUT A NORTH POLE POSTMARK. OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE THAT YOU HAVE PAID FOR THE SERVICE. NOTWITHSTANDING THE FOREGOING, WE AND/OR OUR AFFILIATED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE OR SERVICE. Miscellaneous. You are solely responsible for providing all personal computer and communications equipment necessary to gain access to the Website and Service. This Agreement shall be treated as though it were executed and performed in Salt Lake City, Utah and shall be governed by and construed in accordance with the laws of the State of Utah (without regard to its conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the Commercial Arbitration rules of the American Arbitration Association then in effect. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website and Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Niche Directories LLC does not guarantee continuous, uninterrupted or secure access to the Website and Service. Creation and delivery of web pages may be interfered with by numerous factors outside of Niche Directories LLC control. This Agreement sets forth the entire understanding and agreement between you and Niche Directories LLC with respect to the subject matter hereof. Our Contact Information. Niche Directories LLC PO Box 526165, Salt Lake City, Utah 84152 |
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