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TERMS OF USE

 

(Effective September 30, 2011)

Welcome to Smartautosearch.com (“Website”), an online car advertisement meeting place service operated by KAY Solutions LLC (a New Jersey Limited Liability Company) referred to hereafter as (“Smartautosearch.com,” "us," "we," or "our").


For any questions, intellectual property concerns, a copy of these terms or other general inquiries, we can be reached by mail: PO BOX 1831
Livingston, NJ 07039 and we can be reached via e-mail at admin@Smartautosearch.com

 

PLEASE REVIEW THESE TERMS OF USE THROUGHLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE YOU ARE AGREE TO COMPLY WITH THESE TERMS OF USE.

 

If you do not agree to be bound by these Terms of Use, please exit the Website without delay. If you do not agree with any of these terms, you are prohibited from using or accessing this site. 

 

By accessing this Website, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below, and will abide by all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. These Terms of Use may be modified, changed or altered at any time without notice. Your continued access of the Website after such changes are made irrefutably demonstrates your acceptance of such changes.

 

Use License

Smartautosearch.com grants you a nonexclusive, revocable, temporary license to view and use the Site provided that you (i) abide by all terms of use and agreements including any non-compete agreements; (ii) do not copy, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (iii) modify or attempt to modify the Site in any manner or form. The license granted to you by Smartautosearch.com is a limited license to access and make personal use of this Site and not to download or modify. This license does not include any copying or distribution, resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of information, including without limitation; any automobile advertisements. Smartautosearch.com or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Smartautosearch.com. This license will automatically terminate if at any time the Terms and Conditions of use are violated. Upon termination of the license, you must erase or delete any materials from the Smartautosearch.com website that you have stored on your computer, hard drive, on paper, or any other format.

 

 

Legal Use

You agree not to use the Website for illegal purposes including, without limitation, fraud, deceitful advertisements, check kiting, unlawful behavior, harassment, invasion of another’s privacy, abusive actions, threatening or any obscene purposes and you agree that you will comply with all laws, rules and regulations related to your use of the Website.

 

Appropriate legal action will be taken for any illegal or unauthorized use of the Website. Some examples of unauthorized or illegal use of this Website include, but are not limited to: (i) collecting usernames and/or email addresses of Users for the purpose of sending unsolicited email; (ii) the unauthorized framing by you of the Website; (iii) criminal activity, including without limitation fraud, check kiting, spamming, copyright infringement, patent infringement, or theft of trade secrets; (iv) interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website; (v) attempting to impersonate another User or person; (vi) using the account, Username, or password of another User, as applicable, at any time or disclosing your password, as applicable, to any third party or permitting any third party to access your account; (vii) displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on the Website; (viii) using the Website in a manner inconsistent with any and all applicable laws and regulations (ix) any false advertising, or intentionally deceitful behavior.

 

Any unauthorized use immediately and automatically terminates your right to use this Website and may subject you to legal liability.

 

 

Links to Third Party Sites

Smartautosearch.com may contain links or other access to 3rd party websites, services, products or content. Smartautosearch.com has not reviewed all of these 3rd party sites and is not responsible for the contents of any such linked site. Your access to 3rd party sites, is at your sole risk and responsibility, and at your sole discretion. The existence of any link to another website does not imply endorsement by Smartautosearch.com

 

 

Limitations

In no event shall Smartautosearch.com be liable for any damages (including, without limitation, any fraudulent car advertisements, fraud, check kiting, false advertisements, damages of any kind, losses resulting to fake car ads, fake buyers with fraudulent checks for amount greater then asking price asking for cash back, any loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Smartautosearch.com's Internet site, even if Smartautosearch.com or a Smartautosearch.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

NO WARRANTIES

All materials on Smartautosearch.com's web site are provided "as is". Smartautosearch.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties, fitness for a particular purpose, conditions of merchantability, non-infringement of intellectual property or other violation of rights. Further, Smartautosearch.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

 

USE OF THE WEBSITE IS AT YOUR SOLE RISK. CONTENT AND INFORMATION POSTED ON THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS. EXCEPT AS EXPRESSLY REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM THE SITE. WE DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE TO THE BROADEST EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, QUALITY, COMPLETENESS OR EXISTENCE OF THE CONTENT AND INFORMATION POSTED ON THE WEBSITE. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, FOR TECHNICAL ACCESSIBILITY, FITNESS OR FLAWLESSNESS OF THE WEBSITE. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THIS WEBSITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. WE DO NOT WARRANT THAT THE SITE OR ANY SOFTWARE MADE AVAILABLE ON THE SITE IS COMPATIBLE WITH YOUR COMPUTOR OR FREE OF COMPUTER VIRUSES. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. IF YOU DOWNLOAD ANY CONTENT FROM THE WEBSITE, IN NO WAY WILL WE BE RESPONSIBLE FOR ANY LOSS OF DATA.

 

LIMITATION OF LIABILITY

A) You agree to defend, indemnify and hold harmless Smartautosearch.com, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Smartautosearch.com, from and against any and all claims, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), demands, obligations, damages (actual, special, indirect or consequential, including lost profit damages, regardless of whether or not you have been advised of the possibility of such damages), costs, and expenses and any theory of liability of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against us or them arising from including, without limitation: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

 

 

B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF Smartautosearch.com AND ANY OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY Smartautosearch.com DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

 

TERMINATION

(A) It will be our sole discretion to terminate or suspend your Membership and/or block your access to the Website any time and for any reason including, without limitation, any failure to comply with the letter and spirit of these Terms of Use. You agree that Smartautosearch.com shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.

 

(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions

 

 

Notice and Procedure for Making U.S. Claims of Copyright Infringement and other Intellectual Property Claims DMCA

 

Smartautosearch.com is committed to complying with copyright and related laws.  You are not allowed to store or transmit any material or content on the Website in any manner, if the material or content constitutes an infringement of third party intellectual property rights. It is our policy to terminate privileges of any User who infringes upon intellectual property rights.

 

If you are the owner of a copyrighted work who believes your rights have been infringed, you should contact an admin by emailing admin@Smartautosearch.com immediately. When we receive a proper notice of claimed infringement under the Digital Millennium Copyright act of 1998 (DMCA), we will immediately remove or disable access to the material that is alleged to be infringing. The procedures specified in the DMCA will be followed to resolve the claim.

 

If you feel your work has been infringed upon, send a letter with all applicable information to:

 

1. Identify the copyrighted work that you claim has been infringed.

2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

 "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Smartautosearch.com’s Designated Copyright Agent:

 

Copyright Agent c/o

Kay Solutions LLC

PO BOX 1831

Livingston, NJ 07039

admin@Smartautosearch.com

 

 

Miscellaneous

These Terms of Use are governed by U.S. federal law and the laws of the state of New Jersey, U.S.A., regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New Jersey, U.S.A. in all disputes arising out of or relating to the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Any offer for any product, feature or service made on this Website is void where prohibited. This Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that such product or service is appropriate or available to all persons of legal purchasing age in all locations, or that we intend to make such product or service available in such locations. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

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