General Terms Applying to Buying and Selling
AutoConX.com is a listing and information service that brings together buyers and sellers of goods. The terms "goods" or "items" when used in this Agreement means all tangible items, capable of being moved, which might from time-to-time be listed for sale on this website and exclude only real estate and services. The content that appears on AutoConX.com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time-to-time. Information about a particular good is supplied by the seller and other third parties. AutoConX.com does not supply any information concerning any goods shown on the website.
AutoConX.com does not sell goods on this website and is never a party to any transaction between any buyer and seller. AutoConX.com does not (i) guaranty or ensure the terms of any transaction between a buyer and seller, (ii) guaranty or ensure the accuracy of the description of any item listed for sale on this website, (iii) guaranty, collect or process payment, (iv) assist in delivery or transfer of title to any goods sold, (v) mediate or determine any dispute between a buyer and a seller, or (vi) "certify" otherwise guaranty or comment upon the quality, performance, pedigree, condition or reliability or other features of any goods.
The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices requested by sellers on the website usually exclude other charges which may apply, such as sales tax, and vehicle title and registration costs which may be added to the listed price. Before agreeing to purchase any goods shown on this website you should inquire about any such additional charges and also confirm that the price, and other features shown (including mileage of a vehicle, hours of use of any equipment, or pedigree of a pet) on the website is accurate and not mistaken.
When you offer a good for sale through AutoConX.com, you must sell that item at the price at which, and the terms on which, you've listed it. You must have possession of the actual item listed and the ability to transfer title. To list a good for sale on AutoConX.com, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any goods listed for sale on AutoConX.com, nor may you use our website to promote, without our prior written permission, any other website, product or service.
Each seller is solely responsible for the information contained in a seller's listing, and the content of any e-mail message or other communication transmitted in connection with a listing. Each seller acknowledges that AutoConX.com insists on thorough and accurate descriptions of goods. Each seller represents and warrants to AutoConX.com the accuracy thereof and acknowledges that AutoConX.com and its affiliates may suffer loss of good will or other potential losses due to inaccurate listings or illegal or unscrupulous business practices.
AutoConX.com does not monitor the accuracy of information provided regarding item listings. AutoConX.com may elect to perform random quality assurance tests to attempt to confirm the accuracy and applicable business practices of sellers listing good, including their willingness to sell a good on the terms advertised. Sellers using AutoConX.com agree to cooperate in these random quality assurance tests. If AuoConX.com determines a party using this website engaged in unscrupulous, unfair or deceptive practices, AutoConX.com reserves the right to deny such person's use of the website and may terminate existing listings.
By placing an ad through AutoConX.com, you agree to pay the fees specified for the package you select, regardless of whether or when your item sells as a result of the listing. Fees are generally not refundable, even if you provide erroneous information or fail to sell your goods.
We invite you to bring to our attention any content on our site that you believe to be inaccurate or objectionable. Please forward a copy of the material to us at firstname.lastname@example.org our office address set forth below, along with an explanation of the inaccuracy or your objection.
AutoConX.com respects your privacy. If we adopt a formal privacy statement, it will be found here at this link: Privacy Statement. If the link is active, please take a moment to review our privacy statement.
Links to Other WebSites
For your benefit, we may make available a variety of links to other websites which may feature products and services related to those listed for sale on this website, including insurance, warranties, financing, care and inspection services. AutoConX.com does not endorse, sponsor or guaranty any content shown in these linked websites and is not responsible in any way for any content, practices, products or services related to any such linked websites.
Intellectual Property and Other Matters
AutoConX.com, AutoConX Systems®, and AutoConX.com logos, are trademarks of Digital Community Holdings, Inc. The names of other products and services referred to on the website may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on AutoConX.com without the prior written consent of the owner of the mark.
It is the policy of AutoConX.com to respond to claims of intellectual property infringement. AutoConX.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. Notification must be submitted to the following Designated Agent for this Site:
Digital Community Holdings, Inc.
Intellectual Property Manager
316 South Main Avenue
Inwood, Iowa 51240
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may post content, so long as the content is not false, misleading, illegal, obscene, threatening, defamatory, invasive of privacy rights, infringing of copyright, trademark or other intellectual property rights, or otherwise injurious to AutoConX.com or third parties. By submitting content to AutoConX.com you agree to abide by the terms of this Agreement and any rules or policies established by AutoConX.com for the area of our website in which you post your content.
By submitting any content to AutoConX.com, you are permanently granting AutoConX.com and its affiliates, successors and licensees all rights to the material, including a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, distribute, and display such content throughout the world in any media without compensation to you, and to maintain the material in an archive. Among other things, AutoConX.com uses listings data to derive other useful information (such as valuation information) for display, sale and distribution. You further grant to AutoConX.com and its affiliates and successors the perpetual right to use your name, image and likeness in connection with such content, if they choose, without compensation to you.
Disclaimer of Warranties, Limitation of Liability, and Indemnification
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. AUTOCONX.COM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE, THE SOFTWARE, ANY OF ITS CONTENT OR OTHER MATERIAL, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. AUTOCONX.COM TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT POSTED TO THIS WEBSITE BY YOU OR ANY THIRD PARTY. THE WEBSITE, THE SOFTWARE, ANY OF ITS CONTENT OR OTHER MATERIAL, AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND AUTOCONX.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 GOODS AVAILABLE ON THIS WEBSITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. AUTOCONX.COM AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY GOODS AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE GOODS, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A GOOD ADVERTISED ON THE WEBSITE. AUTOCONX.COM CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. AUTOCONX.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE WEBSITE OR IN ANY CONTENT. ALL GOODS ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A GOOD MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE GOODS. AUTOCONX.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 ITEM, OBTAIN AN ACCEPTABLE PRICE FOR YOUR ITEM, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR GOODS FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU.
Indemnification. You agree to indemnify and hold harmless AutoConX.Com, its affiliates, and all their owners, employees, representatives and licensees against any and all claims of whatever nature that may arise out of any listing you place on the website or other use you make of the website.
© 2009 AutoConX.com. All Rights Reserved. "AutoConX.com" is a registered trademark of Digital Community Holdings, Inc., used under exclusive license.Printable Copy