Terms of Use:

The following terms and conditions govern all use of the eClassicAutos.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by eClassic Autos (“eClassic Autos”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, eClassic Autos’ Privacy Policy) and procedures that may be published from time to time on this Site by eClassic Autos (collectively, the “Agreement”).
 

    1. Responsibility of Website Visitors. eClassic Autos has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, eClassic Autos does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. eClassic Autos disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

 

    1. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which eClassic Autos.com links, and that link to eClassic Autos.com. eClassic Autos does not have any control over those non-eClassic Autos websites and webpages, and is not responsible for their contents or their use. By linking to a non-eClassic Autos website or webpage, eClassic Autos does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. eClassic Autos disclaims any responsibility for any harm resulting from your use of non-eClassic Autos websites and webpages.

 

    1. Copyright Infringement and DMCA Policy. As eClassic Autos asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by eClassic Autos.com violates your copyright, you are encouraged to notify eClassic Autos in accordance with eClassic Autos’ Digital Millennium Copyright Act (“DMCA”) Policy. eClassic Autos will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. eClassic Autos will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of eClassic Autos or others. In the case of such termination, eClassic Autos will have no obligation to provide a refund of any amounts previously paid to eClassic Autos.

 

    1. Intellectual Property. This Agreement does not transfer from eClassic Autos to you any eClassic Autos or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with eClassic Autos. eClassic Autos, eClassic Autos.com, the eClassic Autos.com logo, and all other trademarks, service marks, graphics and logos used in connection with eClassic Autos.com, or the Website are trademarks or registered trademarks of eClassic Autos or eClassic Autos’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any eClassic Autos or third-party trademarks.

 

    1. Disclaimer of Warranties. The Website is provided “as is”. eClassic Autos and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither eClassic Autos nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

 

    1. Limitation of Liability. In no event will eClassic Autos, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to eClassic Autos under this agreement during the twelve (12) month period prior to the cause of action. eClassic Autos shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

  1. This Agreement constitutes the entire agreement between eClassic Autos and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of eClassic Autos, or by the posting by eClassic Autos of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Lynchburg VA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Lynchburg VA. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Lynchburg VA, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; eClassic Autos may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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