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User Agreement
The text below is our user site agreement. These are the terms and conditions
required for access to our site. Please read completely before deciding to
agree or disagree with these terms.
This Agreement describes the terms and conditions applicable to your use of our services. If you do not accept these terms and conditions, you must not use our services. We may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective after they are initially posted on our site.
Fees
Our then current Fees, available at http://www.dirttracktrader.com/Membership/XUDDisplayFees.asp, are incorporated herein by reference. Unless noted, all fees are quoted in U.S. Dollars. We may in our sole discretion add, delete or change some or all of our services at any time, without notice.
Listing and Selling
You may list your posting only in appropriate categories. You may not list on our site or sell any item using our site which:
(a) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(b) otherwise causes a legally-recognized harm; or
(c) is illegal under, or your sale to the buyer would violate, any applicable law, statute, ordinance or regulation. It is a federal crime to make bids in a false name or with an invalid/stolen credit card, even if DirtTrackTrader.Com Initially approves such a bid. Use of an invalid/stolen credit card number will result in swift prosecution by DirtTrackTrader.Com. Each electronic entry carries the computer coding of the Internet provider through which the individual user can be traced.
DirtTrackTrader.Com is Only a Venue
Our site acts as the venue for sellers to post items or services for sale or trade. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have bid on. We cannot control the information provided by other users which is made available through our system
DirtTrackTrader.Com cannot be responsible for the accuracy of the descriptions used to identify the products offered, nor accepts any responsibility for, and expressly deny the liability of any warranty or description stated herein. Statements noted herein by the seller are statements of their opinions of their products and are not to be consuetude as conjoined by DirtTrackTrader.Com in any implied or explicit approval, endorsement, or guarantee.
Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release DirtTrackTrader.Com and our associates from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
System Integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of DirtTrackTrader.Com site or any listing being conducted on our site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. The contents of DirtTrackTrader.Com web presence is provided 'as is'. In no event shall DirtTrackTrader.Com be liable for any damages whatsoever, and shall not be liable for indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the DirtTrackTrader.Com Web presence or the information contained in it, whether such damages arise in negligence or otherwise. DirtTrackTrader.Com is not responsible for failure to execute a transaction, for errors relating to the execution of a transaction, or for technical problems that may hinder the efficacy of a transaction. DirtTrackTrader.Com is not responsible for e-mail transmissions times or delays.
Breach
We may terminate your membership and any of your current listings immediately if you breach this Agreement, fail to pay for ads in which you have placed, or if we are unable to verify or authenticate any information you provide to us.
No Warranty
DirtTrackTrader.Com shall not be responsible for any errors or omissions contained at this web site without any warranty or condition, express or implied. DirtTrackTrader.Com Specifically disclaim the implied warranties of title, merchantability, and fitness for a particular purpose and non-infringement.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our servers or your bidding on, listing, purchase or sale of items.
General
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Other products and companies referred to herein are trademarks or register trademarks of their respective companies or mark holders.
Information Privacy
Your 'information' includes any information you provide to us or other users during the registration, bidding or listing process, in any public message or through any email feature. With respect to your information:
You are solely responsible for your information, and we act as a passive conduit for your online distribution and publication of your information. However, we reserve the right to take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Your information:
(a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(d) shall not be obscene or contain child pornography or, if otherwise pornographic or indecent, shall be distributed only to people legally permitted to receive such content; and
(e) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise all copyright and publicity rights, in any media now known or not currently known, with respect to your information.
No Agency
You and DirtTrackTrader.Com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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Transmitted: 5/24/2013 10:13:01 AM
©Dirt Track Trader - All Rights Reserved
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