Carvelocity.com provides web advertising services, (referred to
hereafter as "the Service") subject to the following Terms of Service
("TOS"). By using the Service in any way, you are agreeing to comply with
TOS. In addition, when using particular
Carvelocity.com services,
you agree to abide by any applicable posted guidelines for all
Carvelocity.com
services, which may change from time to time. Should you object to any term or condition
of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied
with
Carvelocity.com in any way, your only recourse is to immediately
discontinue use of
Carvelocity.com.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change or otherwise alter these
terms and conditions at any time. Such modifications shall become effective immediately
upon the posting thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes.
3. CONTENT
You understand that all postings, messages, text, files, images, photos, or other
materials ("Content") posted on, transmitted through, or linked from the
Service, are the sole responsibility of the person from whom such Content originated.
More specifically, you are entirely responsible for each individual item ("Item")
of Content that you post, email or otherwise make available via the Service. You
understand that
Carvelocity.com does not control, and is not responsible
for Content made available through the Service, and that by using the Service, you
may be exposed to Content that is offensive, indecent, inaccurate, misleading, or
otherwise objectionable. Furthermore, the
Carvelocity.com site
and Content available through the Service may contain links to other websites, which
are completely independent of
Carvelocity.com.
Carvelocity.com
makes no representation or warranty as to the accuracy, completeness or authenticity
of the information contained in any such site. Your linking to any other websites
is at your own risk. You agree that you must evaluate, and bear all risks associated
with, the use of Content, that you may not rely on said Content, and that under
no circumstances will
Carvelocity.com be liable in any way for
the use of any Content posted, emailed or otherwise made available via the Service.
You acknowledge that
Carvelocity.com does not pre-screen or approve
Content, but that
Carvelocity.com shall have the right (but not
the obligation) in its sole discretion to refuse, delete or move any Content that
is available via the Service, for violating the letter or spirit of the TOS any
other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The
Carvelocity.com site and Content available through the Service
may contain features and functionalities that link you or provide you with access
to third party content which is completely independent of
Carvelocity.com,
including web sites, directories, servers, networks, systems, information and databases,
applications, software, programs, products or services, and the Internet as a whole.
Your interaction with organizations and/or individuals found on or through the Service,
including payment and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, is solely between you
and such organizations and/or individuals. You should make whatever investigation
you feel necessary or appropriate before proceeding with any online or offline transaction
with any of these third parties.
You agree that
Carvelocity.com shall not be responsible or liable
for loss or damage of any sort incurred as the result of any such dealings. If there
is a dispute between participants on this site, or between users and any third party,
you understand and agree that
Carvelocity.com is under no obligation
to become involved. In the event that you have a dispute with one or more other
users, you hereby release
Carvelocity.com, its officers, employees,
agents and successors in rights from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way related to such disputes and/or our
service.
5. PRIVACY AND INFORMATION USE
Your use of Carvelocity.com website or the Service signifies acknowledgment
of and agreement to our Privacy Policy. You further acknowledge and agree that
Carvelocity.com may, in its sole discretion, preserve or disclose your
Content, as well as your information, such as email addresses, IP addresses, timestamps,
and other users information, if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: comply with legal
process; enforce the TOS; respond to claims that any Content violates the rights
of third-parties; respond to claims that contact information (e.g. phone number,
street address) of a third-party has been posted or transmitted without their consent
or as of harassment; protect the rights, property, or personal safety of Carvelocity.com,
its users or the general public.
6. USE OF SITE AND SERVICES
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in actual sexual conduct including
but not limited to (i) sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or opposite sex,
or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse,
or (v) lascivious exhibition of the genitals or pubic area of any person;
- that harasses, degrades, intimidates or is hatful toward an individual or group
of individuals on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
- that violates the Fair Housing Act by stating, in any notice or ad for the sale
or rental of any dwelling, a discriminatory preference based on race, color, national
origin, religion, sex, familial status or handicap (or violates any state or local
law prohibiting discrimination on the basis of these or other characteristics);
- that violates federal, state, or local equal employment opportunity laws, including
but not limited to, stating in any advertisement for employment a preference or
requirement based on race, color, religion, sex, national origin, age, or disability;
- with respect to employers that employ four or more employees, that violates the
anti-discrimination provision of the Immigration and Nationality Act, including
requiring U.S. citizenship or lawful permanent residency (green card status) as
a condition for employment, unless otherwise required in order to comply with law,
regulation, executive order, or federal, state, or local government contract;
- that impersonates any person or entity, including, but not limited to, a
Carvelocity.com employee, or falsely states or otherwise misrepresents
your affiliation with a person or entity (this provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.);
- that includes personal or identifying information about another person without that
person’s explicit consent;
- that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party, or Content that you do not have a right to make available under
any law or under contractual or fiduciary relationship;
- that constitutes or contains "affiliate marketing", "link referral
code", "junk mail", "spam", "chain letters",
"pyramid schemes", or unsolicited commercial advertisement;
- that advertises any illegal service or the sale of any items the sale of which is
prohibited or restricted by any applicable law, including without limitation items
the sale of which is prohibited or regulated by state law. m) that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment;
- that employs misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:o) contact anyone who has asked not to be contacted;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or
the like to download data from the Service – unless expressly permitted by
Carvelocity.com;
- post non-local or otherwise irrelevant Content, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large load on
our infrastructure;
- attempt to gain unauthorized access to Carvelocity.com’s
computer system or engage in any activity that disrupts, diminishes the quality
of, interferes with the performance of, or impairs the functionality of, the Service
or the Carvelocity.com website; or
- use any form of automated device or computer program that enable the submission
of postings on Carvelocity.com without each posting being manually
entered by the author thereof (an "automated posting device"), including
without limitation, the use of any such automated posting device to submit postings
in link, or for automatic submission of postings at regular intervals.
7. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Carvelocity.com
email addresses or through Carvelocity.com computer system, which
is expressly prohibited by these TOS. Any unauthorized use of Carvelocity.com
computer systems is a violation of the TOS and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. #1030 et seq.), and
other criminal laws State and Federal, and may also result in civil liability. Such
violations may subject the sender and his or her agents to civil and criminal penalties.
8. LIMITATION ON SERVICE
You acknowledge that Carvelocity.com may establish limits concerning
use of the Service, including the maximum number of that Content will be retained
by the Service, the maximum number and size of postings, email messages, or other
Content that may be transmitted or stored by the Service, and the frequency with
which you may access the Service. You agree that Carvelocity.com
has no responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that Carvelocity.com
reserves the right at any time to modify or discontinue the Service (or any part
thereof) with or without notice, and that Carvelocity.com shall
not be liable to you or to any third party for any modification, suspension or discontinuance
of the Service.
9. TERMINATION OF SERVICE
You agree that Carvelocity.com, in its sole discretion, has the
right (but not the obligation) to delete or deactivate your account, block your
email or IP address, or otherwise terminate your access to or use of the Service
(or any part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
Carvelocity.com believes that you have acted inconsistently with the
letter or spirit of the TOS. Further, you agree that Carvelocity.com
shall not be liable to you or any third-party for any termination of your access
to the Service. Further, you agree not to attempt to use the Service after said
termination.
10. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international
treaties. Content displayed on or through the Service is protected by copyright
as a collective work and/or compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative works from or
redistribution of the site or the collective work, and/or copying or reproducing
the sites or any portion thereof to any other server or location for further reproduction
or redistribution is prohibited without the express written consent of Carvelocity.com,
and agree to abide by any and all copyright notices displayed on the Service. You
may not decompile or disassemble, reverse engineer or otherwise attempt to discover
any source code contained in the Service. Without limiting the foregoing, you agree
not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose,
any aspect of the Service.
Although Carvelocity.com does not claim ownership of content that
its users post, by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to Carvelocity.com
an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute said Content and to prepare derivative works
of, or incorporate into other works, said Content, and to grant and authorize sublicenses
(through multiple tiers) of the foregoing. Furthermore, by posting Content to any
public area of the Service, you automatically grant Carvelocity.com
all rights necessary to prohibit any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on the Service by any party for any
purpose.
11. DISCLAIMER OF WARRANTIES
You agree that use of the Carvelocity.com site and the service
is entirely at your own risk. The Carvelocity.com site and service
are provided on an "as is" or "as available" basis, without any warranties of any
kind. All express and implied warranties, including, without limitation, the warranties
of merchantability, fitness for a particular purpose, and no infringement of proprietary
rights are expressly disclaimed to the fullest extent permitted by law. To the fullest
extent permitted by law, Carvelocity.com disclaims any warranties
for the security, reliability, timeliness, accuracy, and performance of the
Carvelocity.com site and the service. To the fullest extent permitted
by law, Carvelocity.com disclaims any warranties for other services
or goods received through or advertised on the Carvelocity.com
site or the sites or service, or accessed through any links on the Carvelocity.com
site. To the fullest extent permitted by law, Carvelocity.com disclaims
any warranties for viruses or other harmful components in connection with the
Carvelocity.com site or the service. Some jurisdictions do not allow
the disclaimer of implied warranties. In such jurisdictions, some of the foregoing
disclaimers may not apply to you insofar as they relate to implied warranties.
12. LIMITATIONS OF LIABILITY
Under no circumstances shall Carvelocity.com be liable for direct,
indirect, incidental, special, consequential or exemplary damages (even if Carvelocity.com
has been advised of the possibility of such damages), resulting from any aspect
of your use of the Carvelocity.com site or the service, whether
the damages arise from use or misuse of the Carvelocity.com site
or the service, from inability to use the Carvelocity.com site
or the service, or the interruption, suspension, modification, alteration, or termination
of the Carvelocity.com site or the service. such limitation shall
also apply with respect to damages incurred by reason of other services or products
received through or advertised in connection with the Carvelocity.com
site or the service or any links on the Carvelocity.com site, as
well as by reason of any information or advice received through or advertised in
connection with the Carvelocity.com site or the service or any
links on the Carvelocity.com site. These limitations shall apply
to the fullest extent permitted by law. In some jurisdictions, limitations on liability
are not permitted. In such jurisdictions, some of the foregoing limitations may
not apply to you.
13. INDEMNITY
You agree to indemnify and hold
Carvelocity.com, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand, including
reasonable attorney fees and court costs, made by any third party due to or arising
out of Content you submit, post or make available through the Service, your use
of the Service, your violation of the Terms, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
14. VIOLATION OF TERMS
Please report any violations of the TOS,
by reporting
the posting(s) for review.
IF YOU DO NOT AGREE WITH CARVELOCITY.COM TERMS OF SERVICE PLEASE DON'T USE THIS
WEBSITE