1. DESCRIPTION OF SERVICE, ACCEPTANCE OF Terms, MODIFICATIONS, ELIGIBILITY.
The price and other terms of any sale remain subject to negotiation between the buyer and the seller, not by Us. The prices listed by sellers on UTradeRV often exclude sales tax, charges, title, license, regulatory, dealer documentary, emission testing and compliance fees, any or all of which may be included in the listed price to arrive at the final sale price of a particular vehicle. Please be aware that we can’t verify the information sellers supply or guarantee the Listing they offer in order to assure the seller of a Listing that the form of payment used by the buyer is effective and valid. When using this site use the same common sense and good judgment you would use selling any items through, or responding to, a classified ad in a newspaper. Please read our fraud awareness tips before you buy or sell any item through a classified ad, whether on UTradeRV or a local newspaper.
Some listings may be screened before being posted publicly to combat internet fraud and this may delay display of your Listing. We may also screen some email messages sent to sellers about Listings listed on UTradeRV. If it appears that your email message has not reached the seller of the Listing you’re inquiring about, please try to contact seller by phone or other means of communication provided by the seller.
When you list an item for sale through Us, you must be prepared to sell that Listing at the price at what and the terms on which, you’ve listed it. You must have possession of the actual Listing which was posted on the Site and the ability to transfer property in the case of vehicles and/or real estate (RV lots, park models). For Listings for sale on UTradeRV, 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 Listing posted on UTradeRV, nor may you use our website to promote, without our prior written permission, any other website, product or service.
Although We cannot monitor all the Listings posted to our website, We reserve the right (but assume no obligation) to delete, move, or edit any ads or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated the terms of this agreement. We may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce the terms, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or UTradeRV.
2. FEES and Payments
By placing an ad through our Service, you agree to pay the fees specified for the ad package you select, regardless of whether your vehicle sells as a result of the listing. Take care in selecting your ad package and inputting your ad information; listing fees are generally not refundable, even if you provide erroneous information or fail to sell your Listing. Click here for our Refund Policy. Ad packages shall automatically expire after thirty (30) days of purchase of such ad package, regardless if they were used to post a Listing or not.
All fees are in U.S. Dollars, unless stated otherwise. The fee schedule and payment terms may be amended from time to time by UTradeRV and those terms in effect on the date of posting the Listing shall govern the transaction. You should check the fees and terms each time you participate. All fees, including but not limited to ad packages fees, are payable upon demand on a VISA, MasterCard or Discover credit card. By listing an item on the Site, you authorize Us to charge your credit card for amounts due.
You understand and accept that all postings, text, messages, files, sounds, images, photos, video, or other materials in any other format (“Content”) posted on, transmitted through, or linked from our Site or the Service, are the sole responsibility of the person from whom such Content is originated. You understand and agree that we do not control, approve or are responsible for Content made available through the Service or our Site, and that by using the Service you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances, will we be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available through the Service. You acknowledge that we do not pre-screen control or approve Content, but that we shall have the right (but not the obligation) in our discretion to delete or move any Content that is available through the Service, for violating the Terms, any applicable laws or hosting or telecommunications service provider requirements for any other reason subject to our discretion.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
Our Site, Services and Content may contain features and functionalities that may hyperlink you or provide you with access to third party content which is completely independent of us, (from web sites, servers, networks, information and databases, applications, systems, software, programs, products or services, and to the Internet as a whole). You agree and accept that we make no representation or warranty and disclaim any implied representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site and that your accessing to any other websites is at your own risk.
5. INTERACTION BETWEEN PARTIES
Your interactions and/or introductions with any third party through the Site, the Service or the Content, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party and you agree that We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
6. PRIVACY AND INFORMATION DISCLOSURE
You agree not to upload post, email, transmit or otherwise make available Content or otherwise use the Service to disseminate anything:
that is unlawful, libelous, threatening, harmful, harassing, abusive, obsessive, defamatory, discriminatory, 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 intimidates, harasses, degrades or is hateful toward an individual or group of individuals on the basis of gender, religion, sexual orientation, race, age, or disability; that violates any municipal county, state or federal laws or regulations in any manner, such as, without limitation, by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, nationality, religion, sexual orientation or sex, familial status or disability (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, sexual orientation or 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 UTradeRV 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, misleading, deceptive, deceitful, misinformative; that falsely states, impersonates or otherwise misrepresent your identity; 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 relationships or is unauthorized for any other reason; that constitutes or contains “spam,” “affiliate marketing,” “link referral code,” “junk mail,” “chain letters,” “pyramid schemes,” “spoof email”, or unsolicited commercial advertisement; any form of advertising or solicitation if: posted in areas of our site which are not designated for such purposes; or emailed to our other users who have not indicated in writing that it is okay to contact them about other services, products or commercial interests, or what employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service; that includes prohibited links to commercial services or web sites; 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 Florida law; that contains software viruses or any other computer code, files or programs designed to affect, intrude, hinder, disable, destroy, interrupt, or limit the functionality of any computer software or hardware or telecommunications equipment used by us or any third party; that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or upload, post, email, transmit or otherwise make available any Content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Service.
8. ILLEGAL ACTIVITY
a. The Site and Service only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Service. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Fraudulent conduct will be reported to law enforcement, and UTradeRV will cooperate to ensure that violators are prosecuted. UTradeRV also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect UTradeRV's systems and customers, or to ensure the integrity and operation of UTradeRV's business and systems, UTradeRV may access and disclose any information it considers necessary or appropriate, including, without limitation, contact details, IP addressing and traffic information, usage history and posted content.
b. UTradeRV has the right, but not the obligation, to monitor any activity and content associated with this Site. UTradeRV may investigate any reported violation of its policies or complaints and take any action that it deems appropriate, including issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings and bids.
9. NO SPAM POLICY
You understand and agree to be in compliance of the Terms and federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.).
10. LIMITATIONS ON SERVICE
You acknowledge that we may coordinate, regulate and establish limits concerning use of the Service. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You accept that we may modify or discontinue the Service at any time (or any part thereof) with or without notice, and that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
To obtain access to certain UTradeRV services, you will be given an opportunity to register with UTradeRV. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate.
Your password may be used only to access the Site, use the Services and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password. You will notify UTradeRV's Customer Service Manager of any known or suspected unauthorized use of your account.
12. ACCESS TO THE SERVICE
We grant you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by third party posting agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us. Use of the Service beyond the authorized access immediately terminates said permission or license and shall constitute a violation of these Terms. For any other use, you must first obtain a license from us. Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website or link to our site without our prior written permission and not to take any action that may interfere with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
13. TERMINATION OF SERVICE
You agree that we have 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 prior notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if we believe that you have acted inconsistently with the Terms. Further, you agree that we 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 upon termination. These Terms shall remain in effect after said termination. Without limiting the foregoing, the following will lead to a termination of your access to the Service (a) any breach or violation of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Furthermore, you agree that all terminations shall be made in our sole discretion and that we shall not be liable to you nor any third-party for any termination of your account or access to the Service.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws, patent 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, patent laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of any such Content or any part of the Site to any other server or location for further reproduction or redistribution is prohibited without our express written consent. You further agree not to reproduce, duplicate or copy Content from the Service without our express written consent, 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 or used in operating the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by UTradeRV or any of its affiliates. However, without the prior written permission of UTradeRV, you may not frame any of the content of UTradeRV, nor incorporate into another website or other service any intellectual property of UTradeRV or its licensors.
The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on UTradeRV without the prior written consent of the owner of the mark. All contents of this site are: Copyright 2007 UTradeRV, LLC and/or its licensors. All rights reserved.
Although we do not claim ownership of content that our 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 us 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 us 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.
15. NOTIFICATION OF CLAIMS OF INFRINGEMENT (INTELLECTUAL PROPERTY)
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent in writing only for notice of claims of copyright or any other intellectual property infringement (“Agent”), at:
5551 Luckett Road
Fort Myers, FL 33905
Please provide our Agent with a notice containing your contact information, your signature, and identifying the material on our site that you claim is infringing your protected work, with enough detail so that we may locate it on the site; 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; and a statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner. We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA). Procedures for Infringement Claims
16. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF OUR SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. OUR SITE AND THE 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 NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW: WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF OUR SITE AND THE SERVICE, AND ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON OUR SITE.
17. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF OUR SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OUR SITE OR THE SERVICE, FROM INABILITY TO USE OUR SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF OUR 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 OUR SITE OR THE SERVICE OR ANY LINKS ON OUR SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SITE OR THE SERVICE OR ANY LINKS ON OUR SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Because UTradeRV is not involved in the actual transaction between sellers and buyers and is not the agent of either for any purpose, UTradeRV will not be involved in resolving any disputes between participants related to or arising out of any transaction. UTradeRV urges sellers and buyers to cooperate with each other to resolve such disputes.
19. GENERAL RELEASE
BECAUSE UTRADERV 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 RELEASE UTRADERV AND ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, MEMBERS, OFFICERS, AGENTS AND EMPLOYEES FROM CLAIMS, DEMANDS AND DAMAGES (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.
You agree to indemnify and hold us, our subsidiaries, affiliates, successors, assigns, and each of our and their respective members, managers, officers, directors, agents, service providers, suppliers, investors 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.
The Terms, as amended by us from time to time, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. The Terms and the relationship between you and us shall be governed by the laws of the State of Florida without regard to its conflicts of law provisions. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 the Terms remain in full force and effect. You agree 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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. INTERNATIONAL USE
- Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
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