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Introduction and Agreement. This website (the "Site") is owned and operated by
NationalAutoMarketing.com. These Terms of Service
apply to the national version of the Site, located at www.NationalAutoMarketing.com, as well as to any versions of the Site that
NationalAutoMarketing.com co-brands with its newspaper and broadcast affiliates and other distribution partners (collectively, "Affiliates").
You may have arrived at a co-branded version of the Site from an Affiliate's website, in which case, that Affiliate will be identified
at the top of this page. By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the
following provisions of these Terms of Service.
NationalAutoMarketing.com Is an Advertising and Research Service.
NationalAutoMarketing.com operates the Site as an online advertising
and research service for car buyers, sellers and enthusiasts. NationalAutoMarketing.com does not sell vehicles directly and is never a party
to any transaction between buyers and sellers. As a result, NationalAutoMarketing.com does not (a) guarantee or ensure any vehicle or any
transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or
(c) warehouse, store, ship or deliver any vehicles.
Site Content. All information and content available on this Site (collectively, "Content") is protected by copyright and
other intellectual property laws. The Content is owned by NationalAutoMarketing.com, its Affiliates, and/or their respective licensors and
suppliers (collectively, "Licensors"). The Content is intended for personal and noncommercial use only. While you may interact with or
download a single copy of any portion of the Content for your personal and noncommercial entertainment, information or use, you may not
reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or
for any other purpose without the prior written consent of NationalAutoMarketing.com. Requests regarding use of the Content for any purpose
other than personal, noncommercial use should be directed to, NationalAutoMarketing.com.
Copyrights and Copyright Agents. It is the policy of
NationalAutoMarketing.com to respond to claims of intellectual property
infringement. NationalAutoMarketing.com will promptly process and investigate notices of alleged infringement and take appropriate actions
under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual
property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated
Agent.
Standard Refund Policy. As a general matter, NationalAutoMarketing.com does not provide refunds for listings more than 24 hours
after a listing is purchased except under the following circumstances: (a) if it took longer than 72 hours for your listing to be posted
to the NationalAutoMarketing.com site OR (b) if you mistakenly purchased (either through the
NationalAutoMarketing.com site or through one of
NationalAutoMarketing.com 's affiliates) a duplicate listing for the same vehicle and both appear on the
NationalAutoMarketing.com site at the time
of your request. In order to be eligible to receive a refund under these two circumstances,
NationalAutoMarketing.com must receive your refund
request in the manner described below within 10 calendar days of your purchase of a listing. (10 day deadline effective as of 05-08-2009)
NationalAutoMarketing.com further reserves the right to make refunds at any time in connection with cases of fraud, abuse, and in other
limited instances. NationalAutoMarketing.com does not provide refunds under any other circumstances. Notwithstanding anything in this policy
to the contrary, NationalAutoMarketing.com reserves the right to finally determine in its sole discretion whether the criteria for a refund
set forth in this policy have been satisfied and to request any additional information relevant to such request.
All refund requests must be in writing and include your name, address, e-mail address, ad ID, vehicle description; the last 4 digits of
the credit card used to purchase the listing, and the reasons you are requesting a refund. Please send all refund requests through our
e-mail.
NationalAutoMarketing.com is not responsible for refund requests that are not timely received in accordance with this policy for any reason,
including without limitation, Web congestion, addressing mistakes, computer or Internet downtime, or requests submitted by phone,
postal mail, or any other manner not expressly provided for in this policy.
Trademarks. You acknowledge that the Content includes certain trademarks and service marks owned by
NationalAutoMarketing.com,
Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service
marks Software. Please note that all software programming, including without limitation all HTML and other code contained in this Site
(collectively, "Software"), is owned by NationalAutoMarketing.com and/or its Licensors and is protected by copyright laws and other
intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution,
publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal
penalties. Violators will be prosecuted to the maximum extent possible.
Linking. If you operate a website and wish to link to the Site, you must link to the Site's home page unless permission
otherwise has been granted in writing by NationalAutoMarketing.com.
NationalAutoMarketing.com reserves the right to reject or terminate any links
to the Content or the Site.
User Materials. By submitting ads, content, photos, data or other materials ("Materials") to the Site, you hereby grant to
NationalAutoMarketing.com and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sub licensable
right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such
Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to
NationalAutoMarketing.com and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the
reproduction or distribution of the Materials.
Interactive Forums. This Site may offer message boards, bulletin boards, chat rooms or other forums (collectively, "Forums")
to give Users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their
ideas. NationalAutoMarketing.com and its Affiliates do not endorse the accuracy or reliability of any advice, opinion, statement or
information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums.
By posting a message in the Forum, you agree to abide by these Terms of Service. You may not use the Site's Forums to engage in
any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary Material of any kind on the Site without the
express permission of the owner of that Material is prohibited and may result in civil and/or criminal liability.
NationalAutoMarketing.com Rights. Given the nature of the Site and the volume of messages and postings,
NationalAutoMarketing.com
cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers.
NationalAutoMarketing.com reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any
Materials without notice, at any time for any reason. By using the Site, you expressly agree that
NationalAutoMarketing.com (a) will not be
liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove,
delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.
Unsolicited Materials. NationalAutoMarketing.com does not accept unsolicited materials or ideas for use or publication in its
programming or in other digital, electronic or print media except in connection with the Forums, chat rooms and bulletin boards on the
Site. NationalAutoMarketing.com and the Affiliates shall not be responsible for the similarity of any of its content or programming in any
media to Materials or ideas transmitted to the Site.
Representations/Indemnity. You hereby represent and warrant that (a) you have all necessary authority, rights and
permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright,
trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity,
and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile
advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold
NationalAutoMarketing.com,
its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against
any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to
publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on
the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction
between you and a third party.
Prohibited Activities. The following is a partial list of the kinds of activities that are prohibited on or through the
Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred
or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful
to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in
activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to
NationalAutoMarketing.com Users or others;
(e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted
or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit
material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting
Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in
commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid
schemes; (k) using the Site's lead forms and/or toll-free numbers to advertise or promote products and services to
NationalAutoMarketing.com
advertisers; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content
contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device,
software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering,
disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable
or disproportionately large load on NationalAutoMarketing.com's hardware and software infrastructure (collectively, "Prohibited Activities").
90 Day Money Back Guarantee. If your vehicle does not sell within the first 90 days of advertising with NationalAutoMarketing.com you can qualify for a full refund. Simply have this form notarized and mail it to us within 10 days of the 90th consecutive day of purchase. (10 day deadline effective of 05-08-2009) You will be refunded the full purchase price of your advertisement less a $39.00 service fee.
To be eligible for a refund, each of the following conditions must be met:
- You must have signed and mailed the Money Back Guarantee acknowledgment form within 10 days of your original purchase date. (10 day deadline effective as of 05-08-2009) Incomplete or unsigned refund request forms will not be accepted.
- The listing must be purchased as part of a listings package that included the 90 Day Money Back Guarantee offer.
- The listing must have been on NationalAutoMarketing.com site for 90 consecutive calendar days without interruption following the ad start date. You must reply to at least one auto-acknowledgement email that will be emailed approximately every 20 days. If you upgrade to a listing package that includes the 90 Day Money Back Guarantee, the 90 day period commences on the date that the upgraded listing including the guarantee first appears on the NationalAutoMarketing.com site, not the date the original listing went live on the NationalAutoMarketing.com site.
- Customer is responsible for content of ad. In order to qualify for this promotion customer must have provided at least one photo of advertised vehicle within 3 days of placing ad with NationalAutoMarketing.com.
- The advertised vehicle must still be for sale as of the date the refund request is
submitted and the vehicle's title must be in your possession or the possession of a lien holder on your behalf.
Listings for vehicles that have been sold (as the result of the listing or any other online or offline source)
or traded in, or for vehicles that are otherwise no longer available for sale, are not eligible.
You must provide a signed, dated and notarized (see notary section below) copy of this form as well as
a notarized copy of title or letter from lien holder stating that title has not changed ownership.
All documentation must be completed, postmarked and mailed (fax, email and phone submissions will
not be accepted) between 90 and 95 days after the placement of your ad to this address:
Note: The money back guarantee is valid only for those who purchased an ad before and including July 3, 2009.
NationalAutoMarketing.com
2620 South Maryland Parkway
#265
Las Vegas, NV 89109
NationalAutoMarketing.com shall, in its sole discretion, determine whether all requirements for the Guarantee have been satisfied and may terminate or modify the Guarantee program on a prospective basis at any time. The act of submitting a refund request does not ensure that a refund will be issued. Refund will be comprised of full purchase price minus 39.00 service fee or equivalent in goods and services.
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK.
NationalAutoMarketing.COM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND
REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY
OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS, AND NationalAutoMarketing.COM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR
IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND
WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD
PARTIES. NationalAutoMarketing.COM AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR
PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE.
NationalAutoMarketing.COM CANNOT AND DOES NOT VERIFY OR WARRANT THE
ACCURACY OR COMPLETENESS OF SUCH INFORMATION. NationalAutoMarketing.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR
OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES
REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT
YOURSELF TERMS AND CONDITIONS, NationalAutoMarketing.COM DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES
TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL
YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS,
OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT
INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability. NationalAutoMarketing.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS
AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS,
THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO
EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF NationalAutoMarketing.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS,
CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY,
"THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential
damages of implied warranties, so the above exclusion or limitation may not apply to you.
Termination of Service. You understand and agree that in
NationalAutoMarketing.com's sole discretion, and without prior notice,
your access to this Site may be terminated or suspended, and NationalAutoMarketing.com may exercise any other remedy available and remove
any Materials, if NationalAutoMarketing.com believes that your use of the Site and/or any Materials you provide (a) violate (i) these
Terms of Service, (ii) the rights of NationalAutoMarketing.com, any Affiliate or Licensor, or another User of the Site, or (iii) any
law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree
that monetary damages may not provide a sufficient remedy to NationalAutoMarketing.com for violations of these Terms of Service, and you
consent to injunctive or other equitable relief for such violations without the requirement that
NationalAutoMarketing.com post a bond.
NationalAutoMarketing.com is not required to provide any refund to you if you are terminated as an authorized User of the Site because,
in NationalAutoMarketing.com's sole discretion, you have violated these Terms of Service.
Miscellaneous. These Terms of Service may be changed at any time and you will be notified of any such changes by an
updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended
Terms of Service shall constitute your agreement to be bound by any such changes.
NationalAutoMarketing.com may modify, suspend,
discontinue or restrict the use of any portion of the Site without notice or liability. This Site includes links to other websites not
established or supervised by NationalAutoMarketing.com or any Affiliate.
NationalAutoMarketing.com and its Affiliates do not endorse, sponsor
or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or
services related to or made available through such linked websites. These Terms of Service will be governed by and construed in
accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. You hereby agree that any cause
of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in
Clark County, Nevada within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction
in the federal and state courts in Clark County, Nevada, and waive any objection based on forum non
convenience. As a condition of
using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually,
without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms
of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent
permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force
and effect. Failure by NationalAutoMarketing.com to enforce any provision of this Terms of Service will not be deemed a waiver of future
enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between
the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall
be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.
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