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Terms
of Use
The
Performance Vehicle Market (PCM) is a product of IUVO Solutions
Inc. (IUVO), jointly referred to as “PCM”.
Please
read these Terms and Conditions carefully. These Terms and
Conditions include our policy for acceptable use of PCM and the
content posted on PCM, your rights, obligations and restrictions
regarding your use of PCM and our Privacy Policy.
By
accessing PCM, you accept, without limitation or qualification,
the following Terms and Conditions. You are only authorized to
use PCM and its services if you agree to abide by all applicable
laws and to these Terms and Conditions. If you do NOT accept the
Terms and Conditions, then please discontinue your use of PCM.
PCM
may modify these Terms and Conditions from time to time and such
modification shall be effective upon posting on PCM. You agree
to be bound to any changes to these Terms and Conditions when
you use the Site after any such modification is posted. It is
important that you review these Terms and Conditions regularly
to ensure you are updated as to any changes made.
USE
OF THE SITE
Without
limiting any other provisions of these Terms and Conditions, you
may not use PCM for any purpose that is unlawful or prohibited
by Terms and Conditions and/or any applicable additional terms.
Your access to PCM may be terminated immediately in our sole
discretion, with or without notice, if you fail to comply with
any provision of this agreement and/or additional terms, or for
any reason, or no reason. You expressly agree not to:
-
Use PCM for any commercial purpose other
than as allowed as a dealer, purchasing dealer add space for
the sale of vehicles or for advertising services as offered
by PCM;
-
Access, monitor or copy any content or information of this website using
any robot, spider, scraper or other automated means or any
manual process for any purpose without our express written
permission;
-
Take any action that imposes or may impose, in our discretion, an
unreasonable or disproportionate burden on our
infrastructure; and
-
"frame," "mirror" or otherwise incorporate any part
of PCM into any other website without our prior written
permission.
You must be at least 18 years of age (or the age of majority in
your location) to use or access this web site. If you are not at
least 18 years of age (or the age of majority in your location)
leave this site now.
TERMS
& CONDITIONS
While
PCM make every effort to ensure that all of the content on our
site is up-to-date, readily available, and clearly explained,
PCM cannot guarantee that the site will always be up, functional
or available or that its contents will always be accurate.
Circumstances beyond our control may occasionally make the site
unavailable; data transmissions may be interrupted; and PCM may
provide links to other sites whose content PCM cannot monitor or
otherwise manage.
Links
to External sites: PCM may provide links to other web sites
on the Internet that are owned and operated by third party
vendors and other third parties not under the control of PCM.
These links are provided for convenience or reference only and
are not intended as an endorsement by PCM of the organization or
individual operating the web site or a warranty of any type
regarding the web site or the information on the web site. By
using this site, you acknowledge that PCM are responsible for
the validity, quality, reliability or availability of, services
or products offered by, or the content located on or through,
any such external site.
Vehicle
Images: Vehicle photos displayed on this site are to be only
those of the vehicle for sale. PCM cannot and do not verify that
the photos displayed are of the exact vehicle for sale. These
images are supplied by the vehicle sellers, not PCM.
Typographical
Errors: Detailed used vehicle listings contain information
that is supplied by the vehicle sellers, not PCM. PCM cannot be
responsible for typographical and other errors that may appear
on the site.
Site
Outages and Browser Incompatibilities: This web the site may
sometimes be inaccessible, or it may not function properly with
your web browser and operating system. PCM cannot be held liable
for any perceived or actual damages arising from the operation,
content, or use of this site.
Buying
Used Vehicles: The detailed used vehicles listings contain
information that is supplied by the vehicle sellers, not PCM.
PCM do not endorse any seller, and PCM make no guarantee,
explicit or implied that the posted information is accurate. You
agree that PCM are not responsible for any information or
content provided by any seller, including typographical and
other errors. PCM does not and cannot verify the information
that sellers supply, nor does PCM guarantee the sale or the
vehicles sellers offer. PCM assumes no responsibility to verify
whether the listings comply with applicable laws; such
responsibility rests with the sellers. PCM are not responsible
for, and do not guarantee the availability or performance of,
any such used vehicles. Terms of any sale remain subject to
direct negotiation between the buyer and the seller. Any
dealings that you may have with a seller listed on our website
is governed by the terms of the agreement that you enter into
with that seller. PCM expressly disclaim any liability or
responsibility for the success of any transaction you have with
that seller. You must make the final determination as to the
value and appropriateness of the transaction.
The
prices listed by sellers on PCM generally exclude sales tax,
finance charges, and title, license, regulatory, dealer
documentary, emission testing and compliance fees. Some of the
used vehicle listings include vehicles that are shown to be
"certified" as meeting certain standards established
by either certain state or provincial vehicle inspection
requirement or a particular dealer in connection with their
pre-owned vehicle programs. The decision to certify any
particular vehicle is made by an individual seller or dealer,
and PCM are not responsible for the decision to certify any
vehicle or the validity or correctness of any certifications
claimed by the sellers or dealers selling vehicles.
User
Names, Email Addresses, Comments and Communications: You
are not permitted to use a false e-mail address, any commercial
solicitation or computer virus, or misappropriate another's
identity. PCM may, in its discretion, remove any user or decline
to post any communication that PCM believe is inappropriate for
the intended use. Please be advised, however, that PCM do not
review each and every submission and are not responsible for the
accuracy or legality of any communication or content posted on
our website by a seller, dealer or visitor.
PCM
reserve the right to use, modify, reproduce, translate or
otherwise distribute any communication or content that you
provide, including the name that you submit with any review,
comment or other communication, subject to our privacy policy.
Disclaimer
and Limitation of Liability: The site and the
information and materials contained therein are provided
"as is." PCM makes no representations or warranties of
any kind regarding this web site or its operation, contents,
information or materials or the products or services advertised,
offered or sold through the site. PCM expressly disclaim all
warranties, express or implied, of any kind, with respect to the
site or its use and products or services advertised, offered or
sold on or through this site, including but not limited to
merchantability, fitness for a particular purpose, accuracy,
completeness, noninfringement, currency, reliability, or any
warranty that the site or the server that makes it available,
are free of viruses or other harmful elements. PCM reserves the
right to change or discontinue at any time any aspect or feature
of this site.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM PCM OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
IN
NO EVENT SHALL PCM, ITS AFFILIATES OR THEIR SHAREHOLDERS,
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY
DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE
OF THE
SITE
,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some
jurisdictions do not allow the disclaimer, exclusion or
limitation of incidental or consequential damages, so the
foregoing disclaimer, exclusion, and limitation may not apply to
you, and you may have other legal rights that vary according to
jurisdiction. In no event will damages provided by law (if any)
apply unless they are required to apply by statute,
notwithstanding their exclusion by contract.
Applicable
Law and Venue: This site (excluding linked sites) is
controlled by PCM, IUVO Solutions Inc., which is headquartered
in the Province of Ontario, Canada. The site can be accessed
from all of
Canada
,
the 50 states and the
District of Columbia
of the
United States
,
as well as from other countries around the world. As each of
these places has laws that may differ from those of the Province
of Ontario, by accessing this site, both you and PCM agree that
the statutes and laws of the Province of Ontario, without regard
to conflicts of laws and principles thereof, will apply to all
matters arising from or relating to use of this site. You and
PCM also agree and hereby submit to the exclusive personal
jurisdiction and venue of the provincial district and courts of
the
Province
of
Ontario
with respect to such matters. PCM makes no representation that
materials on the site are appropriate or available for use in
other locations, and accessing them from territories where their
contents are illegal is prohibited. Those who choose to use or
access this site from other locations do so on their own
initiative and are responsible for compliance with local laws.
Copyright:
This site is owned and operated by PCM. Unless otherwise
specified, all materials appearing on this site, including site
design, text, graphics, logos, images, icons interfaces, and the
selection, assembly and arrangements thereof are the sole
property of IUVO Solutions Inc., © 2008 IUVO Solutions Inc.,
ALL
RIGHTS RESERVED. Permission is granted to electronically copy
and to print hard copy portions of this site for the sole
purpose of placing an order with PCM for products or services
offered on this site. Any other use of materials on this site,
including but not limited to, reproduction for purposes other
than those noted above, modification, transmission, display,
distribution or republication, without prior written permission
of PCM, is strictly prohibited.
Ownership
of Web site: The design, text and images of this web
site are owned or licensed by PCM, and PCM authorizes you to
view or download a single copy of the material on the site
solely for your personal, non-commercial use, provided you
retain all proprietary notices contained in the content.
Elements of the site are also protected by trade dress and other
laws and may not be imitated in whole or in part on other web
sites.
Trademarks:
Performance Car Market, performancecarmarket.com and all other
trademarks and service marks appearing on this site that are
associated with PCM (with the exception of Porsche®
trademarks, as noted below) are registered
trademarks, trademarks or service marks of PCM. All custom
graphics, icons, logos and other items that appear on this site,
other than the vehicles and their make and model names, are
trademarks, service marks or trade dress of PCM. All vehicles
make and model names are trademarks of their respective
manufacturers. The use of any PCM trademark or service mark
without express written consent from PCM is strictly prohibited.
Porsche®
Trademark Disclaimer:
Performance Car Market is not associated in any way
with Dr. Ing. h.c. F. Porsche AG, Porsche Cars Canada Inc. or
Porsche Cars North America, Inc. Any word, phrase or graphic
image that in any way resembles anything to do with the Porsche
name or organization are registered trademarks of Dr. Ing. h.c.
F. Porsche AG. The term “Porsche®”, the Porsche® crest,
the Porsche® font all car names and related terms such as but
not limited to the Porsche® marque, 911, Carrera, Targa,
Boxster, Cayenne, Tiptronic, Tequipment and the distinctive
shape of Porsche cars are recognized to be registered trademarks
owned by Dr. Ing. h.c. F. Porsche AG. The content found on this
site is strictly for the purposes of facilitating the sales of
used Porsche cars and parts and not that of Dr. Ing. h.c. F.
Porsche AG.
Indemnity:
You agree to indemnify and hold PCM and its subsidiaries,
affiliates, directors, officers, agents, vendors or other
partners and employees harmless from any claim or demand,
including attorneys' fees, made by any third party due to or
arising out of your use of PCM or its services, by your
violation of these Terms and Conditions, or by your violation of
the rights of another.
Posting
Private Seller Ads and Used Vehicle Content
By
providing information and/or posting material on PCM, you
represent and warrant that all information provided is true,
accurate, and current and complete; does not violate these Terms
of Use and that the content will not cause injury to any person
or entity. When using PCM, you agree not to post material that (i)
contains vulgar, profane, racist or hateful language or
expressions, (ii) is defamatory disparaging, false, misleading,
fraudulent or inaccurate claims, or (iii) violates the privacy
rights of any third party.
PCM
does not monitor the content posted or transmitted by users and
other third party information providers. PCM reserves the right
to delete, move or edit any content (including pictures) at any
time, for any reason at its discretion, but has no obligation to
review or remove any such content. Decisions as to whether
content should be removed or violates these Terms of Use will be
made after actual notice of such posting.
The
section titles and other headings in these Terms and Conditions
are for convenience only and have no legal or contractual
effect. Our failure to exercise or enforce any right or
provision of these Terms and Conditions shall not operate as a
waiver of such right or provision. If any provision of these
Terms and Conditions is unlawful, void or unenforceable, that
provision is deemed severable and does not affect the validity
and enforceability of any remaining provisions. |
