Citroën Concours of America
Disclaimer, Terms & Conditions
1.Buying and selling through the Citroen Concours of America website is available
only to individuals whocan form legally binding contracts under applicable
law. This excludes in all case minors (persons who have not reached their
eighteenth birthday). Ads are placed at no charge to the participant although
there is a one-time $25.00 charge for any photos that are submitted with
of America reserves the right to modify the Terms of
Participation at any time and without prior notice to its Users. We may
add to, change, delete or end our or Your use of our service at any time.
The service may be temporarily unavailable from time to time for maintenance
or other reasons.
3.Unless otherwise stated, Citroen Concours of America is not involved
in any transaction between any party who uses our car marker. There are
risks which You assume when dealing with people who might be acting under
false pretenses; all of these risks are borne by You. We are a venue only
and do not screen or censor or otherwise control the listings offered to
other Users, nor does Citroen Concours
of America screen or censor or otherwise control the
users of its service. Citroen Concours
of America can not and does not control the behavior
of the participants on this site. We can not control whether or not Users
of Citroen Concours of America website will complete the transactions they describe on our site.
IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH
OTHER PEOPLE ON THIS SITE! Citroen
Concours of America does not assume responsibility
for the content or context of the user comment areas and will not remove
or edit postings to the public comments areas once they are entered into
the service, except to expire records or in our sole discretion.
4.If there is a dispute between participants on this site,
Citroen Concours of America is under no obligation to become involved. In the event that You
have a dispute with one or more Users, You hereby release, Citroen Concours of America, their 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. If You are a California resident,
You waive California Civil Code Section 1542, which says "A general
release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which, if known
by him must have materially affect this settlement with the debtor."
5.The Citroen Concours
of America car market may be used only for lawful purposes.
Transmission, distribution or storage of material or conduct in violation
of any applicable local, state, federal or foreign law or regulation is
prohibited. This includes without limitation any unauthorized use of material
protected by patent, copyright, trademark or other intellectual property
right, material that is obscene, defamatory or libelous, constitutes an
illegal threat, or violates rights of privacy or publicity, or violates
export control laws. You may use the information on our site only to the
extent necessary to facilitate Citroen
Concours of America related transactions.
of America prohibits the transmission, distribution
or posting of unwanted or offensive content. It is Your responsibility,
and you agree to comply with all requirements, legal or other. Additional
prohibitions include misleading offers that do not list the total purchase
price or a "bait & switch" of products, advertisements listed
in the incorrect category, placing a fraudulent ad, unsolicited advertising
(whether commercial or informational) and unsolicited e-mail or advertisements.
Further, Citroen Concours of America
prohibits the transmission, distribution or posting
of any matter which discloses personal or private information concerning
any person or entity, including without limitation phone number(s) or addresses,
credit debit cards, calling card, User account numbers/ passwords or similar
financial information, and home phone numbers or addresses. Even though
all of this is strictly prohibited, there is a small chance that You might
become exposed to such items and You further waive Your right to any damages
(from any party) related to such exposure.
of America prohibits the listing or sale of the following
goods for any reason, including but not limited to any item that is illegal
to sell under any applicable law, statute, ordinance or regulation including
Dangerous, counterfeit or stolen goods
Goods which do not actually exist
Any good that infringes or violates anyone's rights
Any item which in Citroen Concours
of America's sole discretion is inflammatory, offensive
or otherwise inconsistent with Citroen
Concours of America's standards of business ethics.
Any messages, data, or images that might be considered by a reasonable person
to be obscene or which contain racial, ethnic, religious slurs or derogatory
epithets, or advocating violence, hate or other language that is deeply
or widely offensive.
8.If Citroen Concours
of America, in its sole discretion, determines that
a violation of the Terms of Participation has occurred, Citroen Concours of America may pursue any
of its legal remedies, including but not limited to the immediate deletion
of any offending material from its site and /or the exclusion of any person(s)
who may have violated any Terms of Participation. Citroen Concours of America could also pursue
violators with claims that they have violated various criminal and/or civil
laws as applied by the relevant jurisdiction. Citroen Concours of America will cooperate
with any investigation by any Federal, State, or local body or any court
or tribunal legitimately exercising it's rights. Such cooperation may be
without notice to You.
If Citroen Concours of America believes in its sole discretion that any ad may create liability
for Citroen Concours of America , Citroen Concours of America may take any actions that it believes are prudent or necessary
to minimize or eliminate its potential liability, including but not limited
to, the release of User information. In sum, Citroen Concours of America reserves the right
to refuse service to anyone at any time, and to remove any listings or any
advertisements for any reason, and without notice.
9.User understands and agrees that User is responsible
for all applicable taxes and for all costs that are incurred in using the
Citroen Concours of America website. We may also, in our sole discretion, add or delete fees
associated with the Service.
10.Disclaimer of warrnaties. You agree that use of the
service is at user's sole risk. The service is provided on an "AS IS"
and on an "AS AVAILABLE" basis. Citroen
Concours of America expressly disclaims all warranties
of any kind, whether express or implied, including, but not limited to the
implied warranties of merchant ability, fitness for a particular purpose
of America makes no warranty that the service will
meet user's requirements, that the service will be uninterrupted, timely,
secure, or error free, nor does Citroen
Concours of America make any warranty as to the results
that may be obtained from the use of the service or as to the accuracy or
reliability of any information obtained from the service.
12.User understands and agrees that any information or
material and/or goods or services obtained through the use of the Citroen Concours of America
web site is done at user's own discretion and risk and that user will be
solely responsible for any damage resulting from any transaction.
13.No advice or information, whether oral or written obtained
from Citroen Concours of America or throught or from the service shall create any warranty not expressly
14.Limitation of liability. User agrees that neither Citroen Concours of America
nor any of its providers of information shall be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, resulting
from the use or the inability to use the service or for cost of procurement
of substitute goods and services or resulting from any goods, data, information
or services purchased or obtained or messages received or transactions entered
into through or from the service or resulting from unauthorized access to
or alteration of user's transmissions of data or arising from any other
matter relating to the service, including but not limited to, damages for
loss of profits, use, data or other intangible, even if Citroen Concours of America has been advised
of the possibility of such damages. User further agrees that Citroen Concours of America
shall not be liable for any damages arising from interruption, suspension
or termination of service, including but not limited to direct, indirect,
incidental, special consequential or exemplary damages, whether such interruption,
suspension or termination was justified or not, negligent or intentional,
inadvertent or advertent. User agrees that Citroen Concours of America shall not be responsible
or liable to user, or anyone, for the statements or conduct of any third
pary of the service. In sum, in no event shall Citroen Concours of America 's total liability
to You for all damages, losses, and causes of action exceed the amount paid
by You to Citroen Concours of America
, if any, that is related to the cause of action.
15. Some jurisdictions do not allow the limitation or exclusion
of warranties or of liability for incidental or consequential damages so
some of the above limitations may not apply to you.
16.You give us a non-exclusive, worldwide, royalty-free,
irrevocable, sublicenseable (through multiple tiers) right to exercise all
copyright and publicity rights, in any existing or future media, known or
unknown, over the material or User Data displayed in Your listings or bids.
For the purpose of this Agreement, "User Data" shall mean all
information (if any) submitted by You, (the "User") to Citroen Concours of America
with the exception of trading data, credit card numbers, checking account
numbers, etc. "Individually Identifiable User Data" shall mean
that subset of "User Data" which can be reasonably used to identify
a specific individual such as their name, address, phone number, etc. The
User Data shall be deemed to be the property of Citroen Concours of America . You shall take
all reasonable efforts to ensure that it is accurate and complete and not
misleading in any way.
17.No Resale or Unauthorized Commercial Use. You agree
not to resell or assign Your rights or obligations under these Terms of
Participation. You also agree not to make any unauthorized commercial use
of the Service.
18.Others' Information. You agree to promptly complete
any Citroen Concours of America transactions in which You are involved.
19.Notice. Any notice to You or to us shall be made by
either email or regular mail. We may also give notice of changes to these
Terms of Participation or other matters related to Citroen Concours of America by displaying
notices to Users on the Service.
20.This Agreement is the complete and exclusive agreement between the parties
with respect to the subject matter hereof, superseding any prior agreements
and or communications regarding such subject matter. This Agreement may
only be modified, or any rights under it waived, by a written document executed
by both parties.
21.These Terms of Participation and the relationship between
User and Citroen Concours of America
shall be governed by the laws of the State of California
without regard to its conflict of law provisions. User and Citroen Concours of America
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of San Diego, California.
22.The failure of Citroen Concours
of America to exercise or enforce any right or provision
of theseTerms of Participation shall not constitute a waiver of such right
or provision. If any provision of these Terms of Participation is found
by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of these Terms of
Participation shall remain in full force and effect.
23.User agrees that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service
or the these Terms of Participation must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
24.The section titles in these Terms of Participation are for convenience
only and have no legal or contractual effect.
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25.Please help us keep the Citroen
Concours of America site an enjoyable experience for
all Users, if You observe material or behavior that may violate one of the
Citroen Concours of America terms of participation, please contact Citroen Concours of America at
© 1998 Citroën Concours of America