(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
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.
