Welcome to TheAutoTrust.com.
Your use of this Site constitutes your agreement to all such terms, conditions and notices. Please read them carefully. By using this Site, you agree to these Terms of Use and Service. If you do not agree to these Terms of Use and Service, please exit the Site immediately and discontinue any use of information or products from this Site. TheAutoTrust.com reserves the right, at any time, to modify, alter, or update these Terms of Use and Service, and you agree to be bound by such modifications, alterations, or updates.
TheTheAutoTrust.com supports freedom of speech, both on and off the Internet. However, the goal of this Web site is to provide access to the widest selection of merchandise to the largest group of people possible. To ensure a safe, nonoffensive environment for all of our users, we have established our Terms of Use and Service. It spells out what you can expect from us and what we expect from you. By accessing any areas of TheAutoTrust.com, users (Users) agree to be legally bound and to abide by the terms set forth below. TheAutoTrust.com is owned and operated by Trinity Classifieds, LLC. Any references herein to TheAutoTrust.com shall be deemed to refer to TheAutoTrust.com and/or Trinity Classifieds, LLC., as applicable under the circumstances.
TheAutoTrust.com is a listing and information service that brings together buyers and sellers. Information about merchandise is supplied by the seller, not by TheAutoTrust.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on TheAutoTrust.com can exclude additional charges for sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of any particular merchandise. Do to the nature of our site TheAutoTrust.com cannot verify the accuracy of any information that sellers supply and we cannot guarantee the merchandise they offer. Similarly, we cannot promise any seller that the check he/she gets from the buyer will not bounce. When using this website to find a buyer for your merchandise or to locate merchandise you can buy, we urge you to use the same common sense and good judgment you would use in selling anything through, or responding to, a classified ad in the newspaper.
I. TRADEMARKS
TheAutoTrust.com is a service mark of Trinity Classifieds, LLC. or its affiliates. All rights reserved. These and other TheAutoTrust.com graphics, logos and service marks and trademarks of Trinity Classifieds, LLC. and its affiliates may not be used without prior written consent of Trinity Classifieds, LLC. or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on TheAutoTrust.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of TheAutoTrust.com is at User's sole risk. Neither TheAutoTrust.com nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that TheAutoTrust.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of TheAutoTrust.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through TheAutoTrust.com.
THIS SITE IS PROVIDED BY THEAUTOTRUST.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEAUTOTRUST.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THEAUTOTRUST.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THEAUTOTRUST.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THEAUTOTRUST.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
ALL CONTENT PROVIDED ON THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN THEAUTOTRUST.COM AND YOU. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. THEAUTOTRUST.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. THEAUTOTRUST.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE
Under no circumstance shall TheAutoTrust.com or any other party involved in creating, producing, or distributing TheAutoTrust.com be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use TheAutoTrust.com, including but not limited to reliance by User on any information obtained from TheAutoTrust.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to TheAutoTrust.com's records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through TheAutoTrust.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
III. CONTENT
A. PROPRIETARY RIGHTS
User acknowledges that TheAutoTrust.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and TheAutoTrust.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III(A) above, User may upload to or otherwise distribute on TheAutoTrust.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, Public Content), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither TheAutoTrust.com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to TheAutoTrust.com at the following email address: ask@theautotrust.com. By submitting Content to any User submit areas, including without limitation any product reviews or participation in any chat rooms, user automatically grants, or warrants, that the owner of such Content has expressly granted TheAutoTrust.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on TheAutoTrust.com retains any and all rights which may exist in such Content.
C. THIRD-PARTY CONTENT
TheAutoTrust.com is a distributor and not a publisher of Content supplied by third parties and Users. TheAutoTrust.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of TheAutoTrust.com, are those of the respective authors or distributors and not of TheAutoTrust.com or its affiliates or any of their officers, directors, employees or agents. Neither TheAutoTrust.com nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of TheAutoTrust.com, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through TheAutoTrust.com represents the opinions and judgments of the respective Provider, or User not under contract with TheAutoTrust.com. TheAutoTrust.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on TheAutoTrust.com by anyone other than authorized TheAutoTrust.com employees. Under no circumstances shall TheAutoTrust.com, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User's reliance on information obtained through TheAutoTrust.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through TheAutoTrust.com.
D. EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations-- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from TheAutoTrust.com to either a foreign national or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use TheAutoTrust.com only for lawful purposes. User is prohibited from posting on or transmitting through TheAutoTrust.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If TheAutoTrust.com is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), TheAutoTrust.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from TheAutoTrust.com. TheAutoTrust.com may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate TheAutoTrust.com; or (iii) to protect the rights or property of TheAutoTrust.com, its Users or Providers.
TheAutoTrust.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, TheAutoTrust.com, the communities that make up TheAutoTrust.com, or any rights of TheAutoTrust.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither TheAutoTrust.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither TheAutoTrust.com, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on TheAutoTrust.com.
Although TheAutoTrust.com cannot monitor all the listings posted to our website, we reserve the right (but assume no obligation) to delete, move, or edit any ads or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using TheAutoTrust.com you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy TheAutoTrust.com . We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to TheAutoTrust.com . However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to protect the rights, property or safety of visitors to our site, our advertisers, the public or TheAutoTrust.com .
V. PRIVACY POLICY
In accordance with the terms of TheAutoTrust.com's Privacy Policy, TheAutoTrust.com respects the privacy of its Users.
VI. TERMINATION OF USAGE
TheAutoTrust.com may terminate User's access, or suspend User's access to all or part of TheAutoTrust.com, without notice, for any conduct that TheAutoTrust.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or TheAutoTrust.com.
VII. USAGE BY CHILDREN UNDER 13
TheAutoTrust.com cannot prohibit minors from visiting this site. TheAutoTrust.com must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
TheAutoTrust.com requires that all purchases be made either: (i) by individuals 13 years of age or older, or (ii) by minors under 13, through a TheAutoTrust.com authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT THEAUTOTRUST.COM, YOU ARE REPRESENTING TO THEAUTOTRUST.COM THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH AN THEAUTOTRUST.COM AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
VIII. APPLICABLE LAW
This site is created and controlled by TheAutoTrust.com in the State of New Jersey. As such, the laws of the State of New Jersey will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. TheAutoTrust.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New Jersey, and of the United States of America located in the State of New Jersey for any litigation arising out of or relating to use of or purchase made through TheAutoTrust.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of New Jersey, and agrees not to plead or claim in any court of the State of New Jersey that such litigation brought therein has been brought in an inconvenient forum.
IX. SEVERABILITY
The provisions of these Terms of Use and Service are intended to be severable. If for any reason any provision of these Terms of Use and Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
X. ACKNOWLEDGMENT
The Terms of Use and Service, including all documents referenced herein, represents the entire understanding between you and TheAutoTrust.com regarding your relationship with TheAutoTrust.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using the TheAutoTrust.com Web site. The aforementioned Terms of Use and Service are subject to change.
