In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement
and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers
to you, the person accessing this website and accepting the Company's terms
and conditions. "The Company", "Ourselves", "We" and "Us",
refers to our Company. "Party", "Parties", or "Us",
refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary
to undertake the process of our assistance to the Client in the most appropriate
manner, whether by formal meetings of a fixed duration, or any other means,
for the express purpose of meeting the Client's needs in respect of provision
of the Company's stated services/products, in accordance with and subject to,
prevailing English Law. Any use of the above terminology or other words in
the singular, plural, capitalization and/or he/she or they, are taken as interchangeable
and therefore as referring to same.
Acceptable Use
Ads selling or containing illegal material, anything sexual in nature or otherwise
considered questionable by company administration will be removed. All removed
ads will receive a full refund.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Congress has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Confidentiality
Client records are regarded as confidential and therefore will not be divulged
to any third party, unless legally required to do so to the appropriate authorities.
We will not sell, share, or rent your personal information to any third party
or use your e-mail address for unsolicited mail. Any emails sent by this Company
will only be in connection with the provision of agreed services and products.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is" basis.
To the fullest extent permitted by law, this Company:
1. excludes all representations and warranties relating to this website and
its contents or which is or may be provided by any affiliates or any other
third party, including in relation to any inaccuracies or omissions in this
website and/or the Company's literature; and
2. excludes all liability for damages arising out of or in connection with
your use of this website. This includes, without limitation, direct loss, loss
of business or profits (whether or not the loss of such profits was foreseeable,
arose in the normal course of things or you have advised this Company of the
possibility of such potential loss), damage caused to your computer, computer
software, systems and programs and the data thereon or any other direct or
indirect, consequential and incidental damages.
3. cannot guarantee nor is responsible for fraudulent sales. Company will take
all precautions against all fraud, but the responsibility lies within the two
parties that enter into a sales agreement. Company is only working to connect
sellers and buyers and cannot be responsible for transactions that take place
between the two parties
The above exclusions and limitations apply only to the extent permitted by
law. None of your statutory rights as a consumer are affected.
Payment
Credit card and any electronic payment via Paypal will be accepted. Our Terms are payment in full at time of order. All ads will not be posted until paid for in full. Monies that remains unpaid after 7 days will result in deleting of the ad.
Returned or cancelled funds will incur a $25 charge to cover banking fees
and administrative costs. In an instance of a second Returned fund, we reserve
the right to terminate the arrangement and, if agreed to, we shall insist on
future cash transactions only. Consequently, all bookings and/or transactions
and agreements entered into will cease with immediate effect until such time
as any and all outstanding monies are recovered in full.
Cancellation Policy
Any ad that is to be cancelled will be done within 2 business days. No refunds
will be given for unused time.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement
for any reason, including the ending of services that are already underway.
No refunds shall be offered, where a Service is deemed to have begun and is,
for all intents and purposes, underway.
Availability
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Featured Dealer Policy
Featured Dealers must have a minumum of three vehicles of the same type (availabilty
may be "For Sale" or "Sold") as the category that the Client occupies. For
example: a dealer, who sells both
ATVs and snowmobiles, purchases a snowmobile Featured Dealer spot. The Client
may list an unlimited amount of ATVs and snowmobiles, but a minimum of three
snowmobiles must be present at all times.
In the event that a Featured Dealers inventory is used in an AutoTracker TV
promotion, (TV, web, radio, or print), the items listed in the advertisment
must remain on AutoTracker TV until the promotion has ended. If the item is
sold while the promotion is active, the Client may list the Availability field
as "Sold".
Log Files
We use IP addresses to analyse trends, administer the site, track user's movement,
and gather broad demographic information for aggregate use. IP addresses are
not linked to personally identifiable information. Additionally, for systems
administration, detecting usage patterns and troubleshooting purposes, our
web servers automatically log standard access information including browser
type, access times/open mail, URL requested, and referral URL. This information
is not shared with third parties and is used only within this Company on a
need-to-know basis. Any individually identifiable information related to this
data will never be used in any way different to that stated above without your
explicit permission.
Cookies
Like most interactive web sites this Company's website uses cookies to enable
us to retrieve user details for each visit. Cookies are used in some areas
of our site to enable the functionality of this area and ease of use for those
people visiting. Some of our affiliate partners may also use cookies.
Links to this website
You may create a link to any page of this website without our prior written
consent. If you do create a link to a page of this website you do so at your
own risk and the exclusions and limitations set out above will apply to your
use of this website by linking to it. Company retains the right to provide
written (paper or electronic) demand that links from questionable sites be
removed. Questionable sites are determined by the administrators of the site.
Links from this website
We do not monitor or review the content of other party's websites which are
linked to from this website. Opinions expressed or material appearing on such
websites are not necessarily shared or endorsed by us and should not be regarded
as the publisher of such opinions or material. Please be aware that we are
not responsible for the privacy practices, or content, of these sites. We encourage
our users to be aware when they leave our site & to read the privacy statements
of these sites. You should evaluate the security and trustworthiness of any
other site connected to this site or accessed through this site yourself, before
disclosing any personal information to them. This Company will not accept any
responsibility for any loss or damage in whatever manner, howsoever caused,
resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this website.
This Company's logo is a trademark of this Company in the United States and
other countries. The brand names and specific services of this Company featured
on this web site are trade marked.
Communication
We have several different e-mail addresses for different queries. These, & other
contact information, can be found on our Contact Us link on our website or
via Company literature or via the Company's stated telephone, facsimile or
mobile telephone numbers. This company's mailing address is P.O. Box 435, Mason
City, IA 50402
Force Majeure
Neither party shall be liable to the other for any failure to perform any
obligation under any Agreement which is due to an event beyond the control
of such party including but not limited to any Act of God, terrorism, war,
Political insurgence, insurrection, riot, civil unrest, act of civil or military
authority, uprising, earthquake, flood or any other natural or man made eventuality
outside of our control, which causes the termination of an agreement or contract
entered into, nor which could have been reasonably foreseen. Any Party affected
by such event shall forthwith inform the other Party of the same and shall
use all reasonable endeavours to comply with the terms and conditions of any
Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision
of this or any Agreement or the failure of either Party to exercise any right
or remedy to which it, he or they are entitled hereunder shall not constitute
a waiver thereof and shall not cause a diminution of the obligations under
this or any Agreement. No waiver of any of the provisions of this or any Agreement
shall be effective unless it is expressly stated to be such and signed by both
Parties.
General
The laws of the United States and Iowa govern these terms and conditions.
By accessing this website and using our services you consent to these terms
and conditions and to the exclusive jurisdiction of the United States courts
in all disputes arising out of such access. If any of these terms are deemed
invalid or unenforceable for any reason (including, but not limited to the
exclusions and limitations set out above), then the invalid or unenforceable
provision will be severed from these terms and the remaining terms will continue
to apply. Failure of the Company to enforce any of the provisions set out in
these Terms and Conditions and any Agreement, or failure to exercise any option
to terminate, shall not be construed as waiver of such provisions and shall
not affect the validity of these Terms and Conditions or of any Agreement or
any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions shall not be amended, modified, varied or supplemented
except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers' Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and
ourselves. Your accessing of this website and/or undertaking of a booking or
Agreement indicates your understanding, agreement to and acceptance, of the
Disclaimer Notice and the full Terms and Conditions contained herein. Your
statutory Consumer Rights are unaffected.
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