PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
The information and software (“Materials”) on this website (the "Site") are provided by RacingJunk.com, a property of MH Sub I, LLC dba Internet Brands (“RacingJunk”) as a service to its customers, visitors, users or members ("You" or "Your") and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any Materials from or using this Site, You agree to these terms (this "Agreement"). If You do not agree to these Terms, do not use the Site or download any further Materials. RacingJunk reserves the right to remove any Material alleged to be infringing any third-party rights pending further investigation.
- TRADEMARK and COPYRIGHT INFORMATION: "Racing Junk", "RacingJunk.com", "Premier Listing", "Gallery Listing", and "Featured Listing" are the property of RacingJunk. Other names and trademarks may be the property of other respective holders.
- SINGLE COPY LICENSE: You may download one (1) copy of the information or software ("Materials") found on the Site on a single computer for Your personal, non-commercial internal use only, unless specifically licensed to do otherwise by RacingJunk in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable license, not a transfer of title, and is subject to the following restrictions: The Materials at this Site are copyrighted and any unauthorized use of any Materials at this Site may violate copyright, trademark, and other intellectual property laws. You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright, trademark, or other proprietary notices from the Materials; (d) transfer the Materials to another person or entity. You agree to prevent any unauthorized copying of the Materials.
- TERMINATION OF THIS LICENSE: RacingJunk may terminate this license at any time. Upon termination, You agree to immediately destroy and/or return the Materials to RacingJunk.
- OWNERSHIP OF MATERIALS: All Materials on this Site are Copyright ©MH Sub I, LLC dba Internet Brands, 2005-2013, All Rights Reserved, unless indicated otherwise. RacingJunk retains all copyrights in the individual pages, and their components, and collective works available on the Site.
The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without Raceway's prior written permission. Except as expressly provided herein, RacingJunk, its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents do not grant any express or implied right to You under any patents, copyrights, trademarks, trade secret information, or the like. Other rights may be granted to You by RacingJunk in writing or incorporated elsewhere in the Materials.
- DISCLAIMER: THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. RACINGJUNK ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. RACINGJUNK AND ITS PARENTS, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS. RACINGJUNK MAY MAKE CHANGES TO THESE MATERIALS, OR TO THE PRODUCTS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE. RACINGJUNK MAKES NO COMMITMENT TO UPDATE THE MATERIALS. ANY DESCRIPTION OF PRODUCTS OR SERVICES IN THE MATERIALS IS NOT A REPRESENTATION THAT ANY PARTICULAR PRODUCTS OR SERVICES ARE AVAILABLE FOR SALE OR DISTRIBUTION IN YOUR LOCATION.. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT EACH OF THESE DISCLAIMERS AND LIMITATIONS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If necessary and in accordance with applicable law, RacingJunk will cooperate with local, state and/or federal authorization to protect this Site, visitors, customers, and members, to prevent unauthorized use of this Site.
- LIMITATION OF LIABILITY: IN NO EVENT SHALL RACINGJUNK, ITS PARENT, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY RACINGJUNK OR RACINGJUNK’S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER RACINGJUNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, RACINGJUNK SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND RACINGJUNK AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $500 OR THE AMOUNT PAID TO RACINGJUNK DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. YOU AND RACINGJUNK AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND RACINGJUNK AND REFLECTS THE FEES, IF ANY, RACINGJUNK CHARGES YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, RACINGJUNK WOULD NOT PROVIDE THE SITE TO YOU.
- INDEMNITY: You agree to defend, indemnify and hold harmless RacingJunk, its parents, affiliates and their respective directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site or the Materials, (3) the unauthorized or unlawful use of the Site or the Materials by any other person using Your Classified Number and/or Password.
- USER SUBMISSIONS: Unless otherwise mutually agreed upon in writing prior to Your submission, any material, information or other communication You transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). RacingJunk will have no obligations with respect to the Communications. RacingJunk and its designees will be free to copy, disclose, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. RacingJunk hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by RacingJunk in its sole discretion and without further notice.
- LINKS TO OTHER MATERIALS: Linked websites are not necessarily under the control of RacingJunk and RacingJunk is not responsible for the content of any linked website or any link contained in a non-affiliated linked website. RacingJunk reserves the right to terminate any link or linking program at any time. RacingJunk selects the links for Your convenience. If You decide to access any of the third party websites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and RacingJunk shall not be responsible for notification of any change in name or location of any information of the Site. RacingJunk reserves the right to request any website administrator to disable or remove any link that violates any rights of RacingJunk or causes interruption or deterioration of services provided by RacingJunk. Failure to abide by this request shall be dealt with as any other unauthorized use or access to RacingJunk resources.
- DEALINGS WITH ADVERTISERS/CLASSIFIED ADVERTISERS:
Correspondence Generally: Your correspondence or business dealings with, or participation in promotions of, advertisers or classified advertisers (collectively "Advertisers") found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Advertiser. You agree that RacingJunk shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers on the Site.
Product Information, Condition, Warranty: KNOW WHAT YOU ARE SIGNING AT THE TIME OF PURCHASE OR LEASE as an Advertiser is not prohibited from negotiating all of the terms and conditions of the final sale.
IT IS YOUR RESPONSIBILITY TO READ THE DESCRIPTIONS OF THE CARS, TRUCKS, BIKES (ON ROAD/OFF ROAD), PARTS AND EQUIPMENT, RECREATIONAL VEHICLES, AUTOMOBILES, EVENT TICKETS AND OTHER PRODUCTS (COLLECTIVELY, THE "PRODUCTS") PROVIDED BY THE ADVERTISER AND TO PHYSICALLY INSPECT THE PRODUCT PRIOR TO COMPLETING YOUR PURCHASE(S).
Advertiser is responsible for disclosing prior rental and demonstrative history, frame damage, salvage history, stolen-recovery history, flood damage, and any material cosmetic or mechanical damage defect or irregularity of the Product.
It is Advertiser's sole responsibility to ensure that the Product meets all local state and federal emission and safety standards applicable for the model and year of the Product.
ASK FOR A COPY OF THE WRITTEN WARRANTY BEFORE YOU COMPLETE THE PURCHASE OR LEASE. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE WARRANTY BEING OFFERED FOR THE PRODUCT YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE OR LEASE.
Return Policy: ASK FOR A COPY OF THE WRITTEN RETURN POLICY BEFORE YOU COMPLETE THE PURCHASE OR LEASE OF A PRODUCT. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE RETURN POLICY BEING OFFERED FOR THE PRODUCT YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE OR LEASE.
Product Availability and Prices: RacingJunk DOES NOT GUARANTEE PRODUCT PRICES OR AVAILABILITY. All transactions are conducted by Advertisers. All Product descriptions and prices provided to You on the Site, or via separate contract following Your submission of a purchase request or inquiry to the Advertiser, are made by the participating Advertiser possessing the described Product and not RacingJunk.
ALL PRODUCTS ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST OR INQUIRY IS PROCESSED OR RECEIVED BY AN ADVERTISER. ALL PRICES AND TERMS ARE VALID ON DATE OF PUBLICATION ONLY.
Deposits: IT IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU ARE BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR PRODUCT PURCHASE OR LEASE.
Absent a specific agreement between You and the Advertiser, the Advertiser is not required to hold any Product off the market and is free to sell any Product at any time before You have executed the contract to purchase such Product.
The act of submitting a purchase request through the Site does not place a hold on any specific Product in an Advertiser's inventory. A monetary deposit made by You to the Advertiser is not a guarantee that a specific Product will be available for You to purchase unless You and the Advertiser specifically agree to such term. It is Your responsibility to confirm with the Advertiser that the Product will be held off the market until You can complete the purchase.
Whether Your deposit is refundable or not is subject to Your contractual agreement with the Advertiser and/or state law. You should not assume a deposit made by You towards the purchase or lease of a Product is fully refundable.
- APPLICABLE LAWS: Raceway makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations. This Agreement shall be governed and construed exclusively under the laws of California, without regard to principles of conflicts of laws. For purposes of any action or proceeding brought by either party arising out of or related to this Agreement, You hereby irrevocably consent to the sole and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California and the Central District Court of California, respectively.
- TERMINATION: Your right to access and use the Site immediately terminates without further notice upon Your breach of this Agreement. RacingJunk may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections 5, 6, 7, 10, 13, 14 and 17 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. RacingJunk reserves the right to discontinue or make changes to the Site at any time.
- ASSIGNMENT: RacingJunk may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without RacingJunk’s prior written permission. Any attempt by You to assign Your rights under this Agreement without RacingJunk’s permission shall be void.
- WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
- FORCE MAJEURE: RacingJunk shall not be liable for any failure or unavailability of the Site and/or services or failure by RacingJunk to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the determination or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond RacingJunk’s control.
- CLAIMS OF COPYRIGHT INFRINGEMENT: We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent:
MH Sub I, LLC dba Internet Brands
909 N. Sepulveda Blvd.
El Segundo, CA 90245
ATTN: Jenna Sleefe
Telephone: (310) 800-692-2200
Facsimile: (310) 280-4335
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be 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;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
RacingJunk may give you notice that RacingJunk has removed or disabled access to certain Material by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the Material that has been removed or to which access has been disabled, and the location at which the Material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the Material was removed or disabled as a result of a mistake or misidentification of the Material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which RacingJunk may be found, and that you will accept service of process from the person who provided notification of allegedly infringing Material or an agent of such person.
- NOTICE: RacingJunk may deliver notice to You under this Agreement by means of electronic mail, a general notice on RacingJunk.com personal message, or by written communication delivered by first class U.S. mail to Your address on record in RacingJunk’s account information. You may give notice to RacingJunk at any time via a writing delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
MH Sub I, LLC dba Internet Brands
909 N. Sepulveda Blvd.
El Segundo, CA 90245
Attention: Legal Department
Fax: (310) 280-4335
Electronic Mail: email@example.com
- HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
- INVALIDITY: If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.