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Welcome to GlobalAutosports.COM a division of AIG Management Inc.
website (the "Site"). To access this Site to buy or sell goods
(collectively the "Services") you must first accept all of
the terms and conditions of this Participation Agreement without exception.
BY REGISTERING FOR AND USING THE SERVICES OF THIS SITE, YOU AGREE TO
BE BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT
AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
GLOBALAUTOSPORTS.COM, a division of AIG Management Inc.. (hereinafter "GLOBALAUTOSPORTS.COM")
may amend this Participation Agreement and any policies or guidelines
governing the Site, at any time, in its sole and absolute discretion.
Any such change will be effective at the time the decision to make the
change is reached, which may occur prior to posting the change on the
Site. Because changes to policies and guidelines may be posted without
notice, you should frequently review the Site to keep informed of all
changes. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING GLOBALAUTOSPORTS.COM'S
POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES
OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS PARTICIPATION
AGREEMENT, DO NOT CONTINUE TO USE THIS SITE.
1. Eligibility .
1.1 Use of the Services of this Site is restricted to individuals who
can enter into legally enforceable agreements under applicable law. Please
do not use this Site if you are a minor or are otherwise incapable of
entering into a legally binding agreement.
1.2 You must register to sell on this Site. To register, you must provide
your real name, address, phone number and email address.
2. Fee Policy .
2. By listing an item on the Site, you authorize GLOBALAUTOSPORTS to
charge your credit card for amounts due. All fees are in U.S. Dollars
unless stated otherwise. The Fee Policy may change at any time. The Fee
Policy in effect on the date of listing the item shall govern the transaction.
We recommend that you check the Fee Policy prior to each time you participate
in the Services.
3. GLOBALAUTOSPORTS.COM's Role .
3.1 YOU ACKNOWLEDGE THAT USE OF THE SITE AND SERVICES IS AT YOUROWN
RISK. GLOBALAUTOSPORTS.COM simply provides a venue for Sellers and Buyers.
GLOBALAUTOSPORTS.COM is not involved in the actual transactions between
Sellers and Buyers, and is not the agent of, and has no authority for
either for any purpose. GLOBALAUTOSPORTS.COM has no control over the
quality, safety, legality, or description of the items advertised or
sold and does not know whether any listing is accurate, complete, misleading
or deceptive. Further, GLOBALAUTOSPORTS.COM has no control over the ability
of the sellers to actually sell the items listed, or the ability of the
buyers to actually buy the items and does not guarantee to any buyer
or seller that he or she will receive payment for the item. Both Buyers
and Sellers acknowledge that GLOBALAUTOSPORTS.COM is under no obligation
to assure the performance of any obligation of Buyers or Sellers under
this Participation Agreement or applicable law. You should always use
caution in entering into any agreement with another participant. You
may wish to use a third party escrow agent to protect you in transactions.
3.2 GLOBALAUTOSPORTS.COM itself may participate on
the site. GLOBALAUTOSPORTS.COM will be treated as any other Seller participating
in the Services of this Site. As a Seller, GLOBALAUTOSPORTS.COM will
abide by the same procedures and guidelines required of all Sellers,
notwithstanding any other terms and conditions of this Participation
Agreement.
3.3 In addition, employees of GLOBALAUTOSPORTS.COM are permitted to
participate in their personal capacity (i.e., not as GLOBALAUTOSPORTS.COM
employees, representatives or agents) in the transactions conducted through
this Site.
4. Illegal/Prohibited Activities:
4.1 You are restricted to use of the Site and Services in a lawful manner
for lawful purposes only. You agree to comply with all applicable laws,
statutes and regulations regarding use of the Services including listing,
purchasing, and soliciting offers to purchase.
4.2 You agree not to engage in any of the following prohibited activities:
A. You shall not register under a false name or use an invalid or unauthorized
credit card.
B. You shall not represent yourself under a false name, or impersonate
any participant, GLOBALAUTOSPORTS.COM employee, officer, or any other
person.
C. You shall not use another participant's password(s).
D. You shall not list, post, or transmit any item, link or material
that infringes a third-party such as contractual rights, copyright, trademark,
patent, trade secret or other proprietary rights (including rights to
publicity or privacy)
E. You shall not list, post, or transmit any item that is counterfeited,
illegal, stolen, or fraudulent.
F. You shall not list, post, or transmit any information that in any
way violates any privacy related right belonging to any person, business,
or other entity under the common law or codified laws or regulations
of the United States or another country or under international law.
4.3 You shall not list, post, or transmit any information that reasonably
could be construed as false and/or defamatory with respect to any person,
business, governmental or other entity product or service.
4.4 You shall not list or post any links to commercial or private web
sites for the purpose of advertising non-GLOBALAUTOSPORTS.COM services.
4.5 You shall not list, post, or transmit any information that reasonably
could be construed as constituting evidence of, or an element of, collusion,
monopolization, predatory conduct or pricing, a refusal to deal, below-cost
sales, price squeezing or any other violations of any Federal, state,
or international law prohibiting antitrust or anti-competitive activities
or unfair trade practices.
A. You shall not manipulate the price of any item.
B. You shall not list, post, or transmit any unsolicited advertising
or promotional materials or other forms of solicitation.
C. You shall not use the Site or Services to harass, threaten, abuse,
embarrass or cause distress, unwanted attention or discomfort to any
other person or entity by any means including the use of vulgar, hateful,
abusive, threatening or otherwise objectionable language or information.
D. You shall not disrupt, in any manner, the normal flow of the Site
or Services, or otherwise act in any manner that interferes with other
participants' use of the Site or Services.
E. You shall not list, post, or transmit any information that contains
any viruses, Trojan horses, worms, time bombs, cancel bots or other computer
programs or files that are designed to damage, interrupt or surreptitiously
intercept any system, data, or personal information.
F. You shall not compile the personal data of any other participant
except to the extent necessary to complete a transaction.
5. GLOBALAUTOSPORTS.COM Rights .
5.1 GLOBALAUTOSPORTS.COM retains all rights permitted by law or otherwise
including, without limitation, the right to immediately halt any listing
or deny, restrict or terminate your access to the Site or Services in
its sole and absolute discretion (with or without cause or reason) including,
without limitation, if you engage in any of the illegal or prohibited
activities enumerated in paragraph 4. GLOBALAUTOSPORTS.COM also retains
the right to delete any listing or other information, in its sole and
absolute discretion (with or without cause) including, without limitation,
any such listing or other information that violates this Participation
Agreement or is otherwise considered to be offensive or unacceptable.
6. Obligations of Sellers and Buyers:
6.1 Sellers' Obligations: Sellers are obligated to
comply with all applicable laws and all provisions of this Participation
Agreement.
6.2 Buyers' Obligations: Buyers are obligated to comply
with all applicable laws and all provisions of this Participation Agreement.
7. International Listings.
7.1 Participants buying or selling items internationally must comply
with all applicable laws including, without limitation, all import and
export laws.
7.2 Buyer is required to pay Seller in the currency Seller has specified.
8. Sales/Use Taxes.
8.1 You agree that it is the responsibility of the Buyer and Seller
to determine whether any taxes (including, without limitation, sales,
use, or luxury taxes) apply to the transactions and to collect, report
and remit the correct tax to the appropriate tax authority. You also
agree that GLOBALAUTOSPORTS.COM is not obligated to determine whether
taxes (including, without limitation, sales, use, or luxury taxes) apply
and is not responsible to collect, remit or report any such taxes arising
from any transaction.
9. Password Security.
9.1 During the registration process you will be asked to select a password.
You must use this password to gain entry to the Site and Services. You
are solely responsible for maintaining the confidentiality of this password
and for any activity taken under your password on this Site. You acknowledge
that GLOBALAUTOSPORTS.COM is not liable to you or any third party for
any losses or damages arising from your failure to comply with this paragraph.
10. Privacy:
10.1 Click here for our Privacy
Policy that is incorporated into this Participation Agreement
by reference. GLOBALAUTOSPORTS.COM fully intends to respect the privacy
of all participants of the Site and Services and will not randomly
monitor or disclose any activity or content associated with this Site
or Services. GLOBALAUTOSPORTS, however, reserves the right to monitor
or disclose any activity or content associated with the Site or Services,
if in our sole and absolute discretion we believe it necessary to do
so including, without limitation, to: (1) comply with applicable laws
or regulations or competent legal process; (2) protect our rights under
the Participation Agreement or otherwise; or (3) protect a person as
physical safety, legal rights, or well being. In addition, GLOBALAUTOSPORTS.COM
reserves the absolute right and discretion to disclose the identity
of a participant to third parties in response to a valid legal subpoena
and to otherwise cooperate with legitimate police inquiries and lawful
civil proceedings.
10.2 Further, unless otherwise authorized, you agree not to use any
information regarding other participants, which is accessible from the
Site or disclosed to you by GLOBALAUTOSPORTS.COM except as necessary
to complete the transaction. You agree not to use any such information
for purposes of solicitation, advertising, unsolicited e-mail or spamming,
harassment, invasion of privacy or otherwise objectionable conduct.
11. Exclusion of Warranties .
11.1 THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS,""AS
AVAILABLE" BASIS. EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE
EXPRESSLY PROHIBITED BY LAW, GLOBALAUTOSPORTS.COM MAKES NO WARRANTIES
OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT;
THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS
BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE ERROR
FREE;
THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE
WILL BE ACCURATELY REPRESENTED BY SELLERS, LAWFUL TO SELL, OR THAT SELLERS
OR BUYERS WILL PERFORM AS PROMISED;
ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE;
AND
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR
NOT ARISING FROM THE NEGLIGENCE OF GLOBALAUTOSPORTS.COM
11.2 GLOBALAUTOSPORTS.COM IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS
AND SELLERS OR OTHER PARTICIPANT DEALINGS. IF A DISPUTE ARISES BETWEEN
ONE OR MORE PARTICIPANTS, EACH OF YOU UNCONDITIONALLY RELEASES GLOBALAUTOSPORTS.COM
(AND ITS AGENTS, EMPLOYEES, AND AFFILIATED COMPANIES, IF ANY) FROM ALL
CLAIMS, DEMANDS, AND DAMAGES (INCLUDING BOTH ACTUAL AND CONSEQUENTIAL)
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.
11.3 IN NO EVENT SHALL GLOBALAUTOSPORTS.COM BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THE SITE, SERVICES OR THIS PARTICIPATION AGREEMENT, OR FROM THE USE OF
OR INABILITY TO USE THE SITE OR SERVICES.
11.4 GLOBALAUTOSPORTS.COM MAY, AT ANY TIME, MODIFY, SUSPEND, OR DISCONTINUE
THE SITE OR SERVICES WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT GLOBALAUTOSPORTS.COM
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSESOR DAMAGES
SUSTAINED AS A RESULT OF ANY MODIFICATION, SUSPENSION OR TERMINATION
OF THE SITE OR SERVICES.
12. Restrictions on the Limitation of Damages.
12.1 IF YOU ARE IN A JURISDICTION THAT PROHIBITS THE LIMITATION OF LIABILITY
FOR INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, THE PROVISIONS IN
PARAGRAPHS 11.1, 11.2 and 11.3 MAY NOT APPLY TO YOU.
13. Indemnification.
13.1 You agree to defend, indemnify and hold harmless GLOBALAUTOSPORTS.COM,
its subsidiaries, affiliates, officers, directors, and employees and
their respective successors and assigns from all losses, costs, liabilities,
damages, claims, and expenses of every kind and description including
reasonable attorneys fees made by any third party due to or arising out
of your breach of this agreement, the documents it incorporates by reference,
or your violation of any law or the rights of a third party.
14. Copyright/Trademarks and other Proprietary Information .
14.1 Unless otherwise authorized by GLOBALAUTOSPORTS.COM, this Site
may not be reproduced, duplicated, copied, sold, resold or otherwise
exploited for commercial purpose.
14.2 All the content included on this site, such as, text, graphics,
logos, buttons, icons, images, audio clips, and the compilation of such
content is the exclusive property of GLOBALAUTOSPORTS.COM and is protected
by U.S. and international copyright laws. GLOBALAUTOSPORTS.COM or its
software suppliers own all the software used on this site. This software
is protected by U.S. and international copyright laws. Any unauthorized
use of this content or software including the reproduction, modification,
distribution, transmission, republication, display, or performance of
the content of this site is prohibited.
14.3 GLOBALAUTOSPORTS.COM holds a license to use the trademarks "GLOBALAUTOSPORTS," "GLOBALAUTOSPORTS.COM" and" GLOBALAUTOSPORTS.COM" in
connection with certain services. Unauthorized use of these trademarks
in any manner likely to cause consumer confusion or dilution of these
marks is prohibited.
14.4 GLOBALAUTOSPORTS.COM respects the intellectual property rights
of others. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide GLOBALAUTOSPORTS.COM
as agent (for purposes of receiving notice only) the following information:
An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyrighted interest
A description of the copyrighted work that you claim has been infringed
A description of where the material that you claim is infringing is
located on the site
Your address, telephone number, and e-mail address
A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or are
authorized to act on the behalf of the copyright owner.
GLOBALAUTOSPORTS.COM as agent for notice of claims of copyright infringement
on this Site is Ariel Avinari, who can be reached as follows:
Ariel Avinari
AIG Management
P.O. Box 222224
Great Neck , NY 11022-2224
(866) 507 - 2700
Ariel@globalautosports.com
The agent is the exclusive agent of GLOBALAUTOSPORTS.COM and is not
the agent of any other person for purposes of this Section.
14.5 GLOBALAUTOSPORTS.COM does not assume any responsibility to undertake
any action upon any such notification under Section 14.4 of this Participation
Agreement.
15. Licenses.
15.1 By entering into this Participation Agreement and listing an item,
you grant GLOBALAUTOSPORTS.COM a non-exclusive, world-wide, royalty-free,
perpetual, irrevocable, right to exercise all copyright and rights of
publicity over the material displayed in your listings or purchases in
any existing or future media, known or unknown, now or at any later date.
16. Miscellaneous.
16.1 Applicable Law . This Participation Agreement
shall be governed by the laws of the State of New York . You consent
to the exclusive jurisdiction of the courts of New York for resolution
of any dispute arising out of or relating to the terms and conditions
of this Participation Agreement. You hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts and waive
any objection to such courts based on lack of personal jurisdiction,
subject matter jurisdiction or venue. GLOBALAUTOSPORTS.COM reserves the
sole and exclusive right to enforce this provision, and nothing herein
shall prohibit GLOBALAUTOSPORTS.COM from selecting a jurisdiction or
venue in any other State or Commonwealth.
16.2 Termination. GLOBALAUTOSPORTS.COM, in its sole
and absolute discretion, may terminate this Participation Agreement,
access to the Site or the Services, or any current listing immediately
without notice for any reason.
16.3 Entire Agreement . This Participation Agreement
constitutes the entire agreement between the parties concerning the subject
matter hereof, supersedes, and cancels all prior and contemporaneous
agreements, claims, representations and understandings of the parties
in connection with the subject matter hereof.
16.4 Severability . Any provision (or portion of a
provision) of this Participation Agreement determined to be invalid by
a court of competent jurisdiction shall be severed and shall not affect
the validity and enforceability of any remaining provisions.
16.5 No Waiver . GLOBALAUTOSPORTS.COM failure to enforce
the strict performance of any provision of this Participation Agreement
will not constitute a waiver of GLOBALAUTOSPORTS.COM right to subsequently
enforce such provision or any other provisions of this Participation
Agreement.
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