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MUSCLE CAR AUCTION
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CAR
SHOWS
Reno's Hot August Nights July 31 - Aug. 9, 2009
Classy
- Chassis Car Show July 11 09
10200 US Highway 17
Poplar Grove Plantation
Wilmington North Carolina
______________
Fitness 19s Car
Lovers Summer Bash July 18 09
1350 S. Park Victoria Milpitas California
______________
Hooters of Statesville June 27 09
1026 Glenway Drive
Statesville, North Carolina
______________
North Jersey vs. South Jersey Classic/Custom
Car Show Sept. 6 09
Atlantic Square Park
Asbury Park, New Jersey 07112
______________
Swansea Boy Scout Car Show August 22 09
629 I.W.Hutto rd
Swansea, South Carolina
______________
KCI Cruise Night - Kansas City June 20 09
12200 NW Ambassador Drive
www.flykci.com/cruise
Kansas City, MO
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3RD ANNUAL HOT RODS AND HOGS SHOW June 20 09
0322 Paradise Lk Rd
FREE REGISTRATION
www.mcahotrodsand
hogs.com
Snohomish, Washington
______________
Old School Cruisers 2nd Annual car , bike, and
truck show August 8 09
250 NW Nuttley St
James H. Hayes Elks
Vienna, Virginia
______________
Queen City Car Wars & Bike
Show July 4 09
555 S McDowell st
BLAKE Hotel
Charlotte, NC
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Muscle Cars Terms of Service
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Terms of Service for
Muscle--Cars, site, and services
Last Updated: May 16, 2009
Version: 1.4
Thanks for using Muscle--Cars! For the sake of simplicity
and consistency, these Terms of Service apply to all of our
users and members, including those who download our
software, those who sign up for a Muscle--Cars Online Web
account and those who use our services through our Web site
or via third parties integrating Muscle--Cars functionality
through our application programmer interfaces ('APIs') or
otherwise. Accordingly, there are some provisions below
relating to the use of our software which necessarily apply
only to those of our members who have downloaded the
software. All other terms and provisions apply to all of our
users and members.
Important—Read carefully: These Terms of Service for
Muscle--Cars, Site and Services (these 'Terms of Service')
together constitute a legal agreement between you (an
individual, not an entity) and Muscle--Cars, Inc., a Nevada
corporation, and its suppliers and its licensors
(collectively 'Muscle--Cars') with respect to Muscle--Cars
(together with all prior and subsequent versions, and all
patches and updates thereto, the 'Software'), the
www.Muscle--Cars.com Web site, including all subpages under
the Web site (collectively, the 'Site'), the Muscle--Cars
Network™ and all services provided to you directly or
indirectly by Muscle--Cars on or through the Site
(collectively, 'Muscle--Cars Online') or through the
Software, including those services made available through
APIs and services offered through third parties integrating
Muscle--Cars functionality (collectively, all Muscle--Cars
Online, Software services and all other Muscle--Cars
services are referred to as the 'Services'). These Terms of
Service apply to both Services that are provided without
fees or charges (each a 'Free Version') and all versions of
the Services which require you to pay a license or other fee
(each a 'Premium Version'). By clicking on the 'Accept'
button or otherwise using or accepting the Software, Site
and/or Services (the 'Muscle--Cars Offerings'), you agree to
be bound by the terms of these Terms of Service. If you do
not agree to these terms of service, do not click on the
'Accept' button and do not use the Software, Site or
Services. You agree that your use of the Software, Site
and/or Services acknowledges that you have read these Terms
of Service, understand them, and agree to be bound by these
Terms of Service.
The Muscle--Cars Offerings provided to you under these Terms
of Service is (A) for the Free Version, for your personal
and non-commercial use only and (B) for any Premium Version,
for your personal and your commercial use (other than in
connection with a service bureau, application service
provider, or similar business). Click here for more
information.
1. Description of Services
Muscle--Cars provides you with the capability of updating,
maintaining, and accessing your contact list or address book
by downloading the Software or going to the Site and
becoming a registered user of the Services (a 'Member').
When you become a Member, Muscle--Cars will create your
personal account which will contain: certain basic account
information such as your name, e-mail address, password,
passwords to third party accounts that you synchronize with
your Muscle--Cars account, and a challenge/response question
for lost passwords ('Your Account Information'); information
about you that you may wish to share with others
(professional and personal data about you that you create
and have the option to share with others through the
Muscle--Cars Service) ('Your Muscle--Cars Cards'); your
contact list or address book which includes all fields that
you and/or your contacts provide ('Your Contact List'); and
your Notes, Tasks and Calendar items ('Your PIM
Information'). Your Contact List may contain contacts for
both Members and non-Members. You have the option to upload
and store Your Contact List and PIM Information to the
Muscle--Cars Servers to enable Web access of this
information.
As a Member, you will be able to easily update and maintain
the contacts in the contact management applications stored
on your computer. You also will be able to access Your
Muscle--Cars Cards, Your Contact List and Your PIM
Information using any supported Web browser via Muscle--Cars
Online. In addition, you will have the ability to permission
any of your Muscle--Cars Cards for 'Members', 'Contacts', or
'Private'. If you permission a Muscle--Cars Card for
'Members', it will be available to any Muscle--Cars Member
who includes one of your confirmed e-mail addresses in their
Contact List (note: a confirmed e-mail address is one that
you entered in a Muscle--Cars Card and has been verified by
Muscle--Cars to be yours). Likewise, you will be able to
access other Members' Cards permissioned for 'Members' if
you know their e-mail address (confirmed). If you permission
a Muscle--Cars Card 'Contacts', it will be available ONLY to
those Muscle--Cars Members who are also in your own address
book. If you permission a Muscle--Cars Card 'Private', it
will be available ONLY to those Muscle--Cars Members to whom
you give explicit permission.
Once you have downloaded and installed the Software, you
will be able to access the Services through the contact
management applications compatible with the Software, or if
you desire, through Muscle--Cars Online. The Muscle--Cars
Cards, Contact List, and PIM information you provide
Muscle--Cars is stored locally in system files on your
computer and on Muscle--Cars servers. It is sent to and from
such servers as part of the Software's functionality (i.e.,
updating contacts).
Non-members may elect to permanently opt-out from receiving
Muscle--Cars Update Request e-mails sent by Members. When
you register for permanent opt-out, you provide us with a
validated e-mail address at which you no longer wish to
receive Muscle--Cars Update Requests. If necessary, we will
send you an opt-opt confirmation e-mail to the address you
enter. You must respond to that e-mail to complete the
opt-out process.
Additional features may be added to the Muscle--Cars
Offerings and made available to you from time to time. You
understand and agree that Muscle--Cars may provide updates,
patches and/or new versions of the Software from time to
time, with or without notice. You also understand and agree
that the Muscle--Cars Offerings may include advertisements
and that these advertisements are necessary for Muscle--Cars
to provide the Services.
2. Personal License
Muscle--Cars hereby grants you a non-exclusive,
non-transferable license to use the Software and to use and
to access the Site and Services subject to the terms and
conditions in these Terms of Service. Under this license you
may only: (i) use a Free Version for your personal and
non-commercial use; (ii) use a Premium Version for your
personal and your commercial use; and (iii) make one copy of
the Software in machine readable form solely for back-up
purposes, provided that you reproduce all proprietary
notices on the copy.
3. Restrictions
a) You may not: (i) prepare derivative works based on the
Muscle--Cars Offerings; (ii) reproduce the Muscle--Cars
Offerings except as specifically provided in these Terms of
Service; (iii) sell, assign, transfer, license, sublicense,
publish, disclose, display, or otherwise make available the
Muscle--Cars Offerings or copies thereof in any form
whatsoever to any third parties or use the Muscle--Cars
Offerings for any third party's data processing, computing,
or other needs; (iv) modify, translate, reverse engineer,
decompile, or disassemble the Muscle--Cars Offerings,
subject to applicable law to the contrary; or (v) remove any
proprietary notices, labels, or other identifying marks on
the Software. These Terms of Service shall not be
interpreted as granting to you any license or right not
expressly granted herein. This license is not a sale. All
rights to the Muscle--Cars Offerings not expressly granted
herein are reserved by Muscle--Cars.
b) You agree that you shall only use the Muscle--Cars
Offerings in a manner that complies with all applicable laws
and court orders in the jurisdictions in which you use the
Muscle--Cars Offerings, including, but not limited to,
applicable restrictions concerning privacy, copyright and
other intellectual property rights.
c) You may not use the Muscle--Cars Offerings to send
unsolicited, promotional mass electronic email messages or
notifications to one or more recipients or systems (known as
'spamming'). Any promotional electronic messages, which are
sent in an unsolicited manner to 10 or more recipients, or
any series of unsolicited promotional electronic messages to
a single user, will be considered as spamming. Spamming also
includes (i) sending messages to distribution lists,
newsgroup aliases, or group aliases, and (ii) sending
messages to recipients who do not know you or who are
unlikely to recognize you as a known contact.
d) You may not use the Muscle--Cars Offerings to upload,
post, post links to, e-mail or otherwise transmit or make
available: (i) any unsolicited or unauthorized advertising
or promotional materials; or (ii) content which is harmful,
threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, pornographic, libelous, invasive of privacy
or publicity rights, hateful, or racially, sexually,
ethnically or otherwise objectionable.
e) You may not use the Muscle--Cars Offerings if you are
under the age of 13 or to solicit or collect any information
from children under the age of 13.
4. Limited Warranty
Muscle--Cars warrants that for a period of 90 days from the
downloading of the Software hereunder each unmodified copy
of the Software will conform substantially to the user
documentation. Muscle--Cars entire liability and your
exclusive remedy with respect to this warranty shall be
Muscle--Cars using commercially reasonable efforts to
correct such non-conformities. Except for the above express
Limited Warranty, Muscle--Cars makes and you receive no
warranties, express, implied, statutory, or otherwise, and
Muscle--Cars specifically disclaims any implied warranties
of merchantability, non infringement and fitness for a
particular purpose with respect to the Muscle--Cars
Offerings. Muscle--Cars does not warrant that the
Muscle--Cars Offerings will meet your requirements or that
the Muscle--Cars Offerings will be error free. This
limitation or exclusion of warranties may be subject to
exceptions in local jurisdictions.
5. Muscle--Cars Right to Terminate or Modify Terms of
Service and Services
Muscle--Cars may modify these Terms of Service upon notice
to you at any time. These modifications may include, without
limitation, charging for any features within the
Muscle--Cars Offerings. Muscle--Cars may provide notice to
you of any such modification by e-mail or by publishing the
changes on its Web site. In the event Muscle--Cars modifies
these Terms of Service, you may terminate your use of the
Muscle--Cars Offerings. Muscle--Cars may also terminate your
right to use the Muscle--Cars Offerings at any time for any
reason. Without limiting the prior sentence, your right to
use the Muscle--Cars Offerings will automatically terminate
if you fail to comply with any term or provision of these
Terms of Service. No notice shall be required from
Muscle--Cars to effect such an automatic termination. Upon
any termination of your right to use the Muscle--Cars
Offerings, you shall immediately discontinue use of the
Muscle--Cars Offerings.
6. Copyright Complaints
We respect the intellectual property rights of others and we
prohibit users from uploading, posting or otherwise
transmitting on the Muscle--Cars website or service any
materials that violate another party's intellectual property
rights. When we receive proper Notification of Alleged
Copyright Infringement as described in our Muscle--Cars
Copyright Policy, we promptly remove or disable access to
the allegedly infringing material and terminate the accounts
of repeat infringers as described herein in accordance with
the Digital Millenium Copyright Act. If you believe that any
material on the Site infringes upon any copyright which you
own or control, you may send a written notification of such
infringement to our Designated Agent. Please see our
Muscle--Cars Copyright Policy for more information on how to
report infringement of your copyright.
7. Personal Information and Privacy
You are required to have a Muscle--Cars account to use the
Services. Personal information you provide to Muscle--Cars
is governed by Muscle--Cars privacy policy (the
'Muscle--Cars Privacy Policy'). Click here to view the
Muscle--Cars Privacy Policy. Your election to use the
Muscle--Cars Offerings indicates your acceptance of the
terms of the Muscle--Cars Privacy Policy, so please review
it carefully. You are responsible for maintaining the
confidentiality of Your Account Information. You are
responsible for all activities that occur in your account
and you agree to notify Muscle--Cars immediately of any
unauthorized account use. Muscle--Cars is in no way
responsible for any loss or damages that you may incur as a
result of any unauthorized use of Your Account Information.
8. Title
Title, ownership, rights, and intellectual property rights
in and to the Muscle--Cars Offerings shall remain in
Muscle--Cars. The Muscle--Cars Offerings are protected by
the patent, trademark and copyright laws of the United
States and other countries, and by international patent,
trademark and copyright treaties. Title, ownership rights
and intellectual property rights in and to the content
accessed through the Services shall be retained by the
applicable content owner and may be protected by applicable
privacy, copyright or other laws.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no
event shall Muscle--Cars or its suppliers be liable for any
consequential, incidental, indirect, special, punitive, or
other damages whatsoever or for damages for loss of business
profits, business interruption, computer failure, loss of
business information, or other pecuniary loss arising out of
these Terms of Service or the use of or inability to use the
Muscle--Cars Offerings, even if Muscle--Cars has been
advised of the possibility of such damages. Your sole and
exclusive remedy for any dispute with Muscle--Cars related
to these Terms of Service or the Muscle--Cars Offerings
shall be cancellation of the License and termination of use
of the services. In the event a court awards direct damages
despite the foregoing, such damages shall not exceed the
lesser of $10.00 or the amount you Paid for the Software and
Services. Because some states/jurisdictions do not allow the
exclusion or limitation of liability for consequential or
incidental damages, the above limitation may not apply to
you.
10. Indemnification
You agree to hold harmless, indemnify and defend
Muscle--Cars, its officers, directors and employees, from
and against any losses, damages, fines and expenses
(including attorneys' fees and costs) arising out of or
relating to any claims that you have (i) used the
Muscle--Cars Offerings in violation of another party's
rights or in violation of any law, or (ii) violated these
Terms of Service.
11. Export Restrictions
You cannot export or re-export the Software in any form
without the appropriate United States and foreign government
licenses. You will not, directly or indirectly, export or
transfer the Software to any country to which transmission
is prohibited by applicable statute. Your failure to comply
with this provision is a material breach of these Terms of
Service.
12. U.S. Government Restricted Rights
The Software and accompanying documentation are provided
with restricted rights. Use, duplication or disclosure by
the U.S. Government is subject to the restrictions as set
forth in subparagraph(c)(1)(ii) of DFARS 252.227-7013 (The
Rights in Technical Data and Computer Software) or
subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the
Commercial Computer Software--Restricted Rights), as
applicable. Manufacturer is Muscle--Cars.com, 3212 Celebrity
Dr., Modesto, CA 95350.
13. User Age Restriction
The Muscle--Cars Offerings are not intended for and may not
be used by children under the age of 13. You may not use the
Software or Services or access the Site unless you are at
least such age.
14.
Liability Disclaimer
ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED SOLELY FOR
YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL OR
EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER
CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN
Muscle--Cars.com AND YOU, EXCEPT FOR THESE TERMS OF USE,
THE Muscle--Cars.com PRIVACY POLICY AND THE
Muscle--Cars.com FORUM TERMS OF USE. WITHOUT LIMITING
THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE
TO THE INFORMATION HEREIN. Muscle--Cars.com AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THIS SITE AT ANY TIME. Muscle--Cars.com
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, ACCURACY AND COMPLETENESS OF THE
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED
ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. AS A CONDITION OF YOUR USE
OF THIS SITE, YOU WARRANT TO Muscle--Cars.com THAT YOU
WILL NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL
OR PROHIBITED BY THESE TERMS, CONDITIONS, AND NOTICES.
Classified Items
NONE OF THE Classified Items LISTED IN THE CLASSIFIED
SECTION OR REVIEWS IS OWNED BY Muscle--Cars.com.
Muscle--Cars.com OFFERS NO EXPRESS OR IMPLIED WARRANTY
ON ANY Classified Item. Classified Items MAY BE SOLD
WITH OR WITHOUT WARRANTY FROM THE OFFERING/SELLING
Party. UNLESS STATED OTHERWISE, ALL Classified Items ARE
SOLD "AS-IS", WITH ALL FAULTS AND WITHOUT WARRANTY,
EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED
REPRESENTATIONS REGARDING Classified Items ARE THAT OF
THE SELLING PARTY or DEALER AND NOT Muscle--Cars.com.
IT IS YOUR RESPONSIBILITY TO READ THE CLASSIFIED
DESCRIPTION PROVIDED BY THE PARTY or DEALER AND TO
PHYSICALLY INSPECT THE ITEM PRIOR TO COMPLETING YOUR
PURCHASE. Muscle--Cars.com DOES NOT CERTIFY THE QUALITY,
ACCURACY OR CONDITION OF ANY OF THE ITEMS ADVERTISED ON
Muscle--Cars.com OR ANY PARTNER, DEALER OR INDEPENDENT
PROVIDER WEB SITES. IT IS YOUR RESPONSIBILITY TO INSPECT
EVERY ITEM PRIOR TO COMPLETING YOUR PURCHASE AS EACH
SELLER or DEALER MAY OFFER ITEMS WITHOUT EXPRESS
WARRANTY, REFUND OR EXCHANGE OPTIONS. THE SELLER or
DEALER IS RESPONSIBLE FOR DISCLOSING PRIOR RENTAL AND
DEALER DEMONSTRATION HISTORY, FRAME DAMAGE, SALVAGE
HISTORY, STOLEN-RECOVERY HISTORY, FLOOD DAMAGE, AND ANY
MATERIAL COSMETIC OR MECHANICAL DAMAGE, DEFECT OR
IRREGULARITY OF THE VEHICLE. Muscle--Cars.com DOES NOT
INSPECT OR CERTIFY ANY VEHICLE, REGARDLESS OF WHETHER
ANY DEALER MAY CLAIM TO OFFER INSPECTED VEHICLES AND
"CERTIFY" THE CONDITION OF THE VEHICLE BEING OFFERED. IT
IS DEALER'S SOLE RESPONSIBILITY TO ENSURE THAT THE
VEHICLE MEETS ALL LOCAL STATE AND FEDERAL REQUIREMENTS
APPLICABLE FOR THE MODEL AND YEAR OF VEHICLE.
CLASSIFIED ITEMS AVAILABILITY & PRICES:
Muscle--Cars.com DOES NOT GUARANTEE CLASSIFIED ITEM
PRICES OR AVAILABILITY. ALL CLASSIFIED DESCRIPTIONS AND
PRICES PROVIDED TO YOU EITHER ON THIS SITE OR VIA
SEPARATE CONTACT FOLLOWING YOUR SUBMISSION OF A PURCHASE
REQUEST ARE MADE BY THE PARTICIPATING SELLER or DEALER
POSSESSING THE DESIRED ITEM AND NOT BY Muscle--Cars.com.
ALL CLASSIFIED PRICES AND DESCRIPTIONS LISTED AS
AVAILABLE ON THIS SITE ARE ESTABLISHED AND
ELECTRONICALLY PLACED THERE BY THE PARTICIPATING SELLER
or DEALER WHO OWNS THE ITEM AND NOT Muscle--Cars.com.
ALL ITEMS ARE SUBJECT TO PRIOR SALE AND MAY NOT BE
AVAILABLE WHEN YOUR REQUEST IS PROCESSED.
VEHICLE DEPOSITS & SERVICE FEES: IT IS YOUR
RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY
DEPOSIT YOU ARE BEING ASKED TO MAKE OR FEES BEING
CHARGED TO YOU AS PART OF YOUR VEHICLE PURCHASE OR
LEASE. ALL TRANSACTIONS COMPLETED THROUGH THIS WEBSITE
ARE BETWEEN THE BUYER AND SELLER, Muscle--Cars.com IS
NOT A PARTY TO ANY TRANSACTION BETWEEN A BUYER AND
SELLER.
Classified Information
The Site does not advertise or promote the sale or lease
of any particular classified item, nor does the Site
recommend or endorse the sale or lease of any particular
item, and users should not construe the information
conveyed via the Site as advertisements for the sale or
lease of any particular item. Rather, the Site only
provides information, generated by the sellers and
buyers, to aid in the decision-making process and the
negotiating process between buyers, sellers and dealers.
Prior to making any purchasing decisions, we encourage
users and all classified ad buyers to acquire pricing
information from multiple sources.
Insurance
Muscle--Cars.com is not an insurance agent, broker or
provider. Any insurance information provided on this
Site, including, without limitation, quotes, links,
articles, glossaries and any other materials, is
provided solely as a convenience to you. Without
limiting any of the foregoing, Muscle--Cars.com makes no
warranties, and expressly disclaims any warranties,
express or implied, including, without limitation, any
warranties regarding the accuracy, completeness or
timeliness of such insurance information. Such insurance
information is not intended to be advice, and you may
not rely on such information. The terms and conditions
of any insurance policies, your eligibility to purchase
any such insurance policy, and any other similar terms
and services shall be determined solely by the offering
or selling insurance agent, broker, provider or company.
You should request, from such insurance agent, broker,
provider or company, and carefully review, any available
written documentation in connection with any insurance
or insurance policies.
Loans
Muscle--Cars.com is not a lender, we are not a bank or a
financial services provider. Any financial or loan
information provided on this Site, including, without
limitation, quotes, links, articles, glossaries and any
other materials, is provided solely as a convenience to
you. Without limiting any of the foregoing,
Muscle--Cars.com makes no warranties, and expressly
disclaims any warranties, express or implied, including,
without limitation, any warranties regarding the
accuracy, completeness or timeliness of such financial
or loan information or whether or under what
circumstances any loan may or may not be granted or
approved. Such financial or loan information is not
intended to be advice, and you may not rely on such
information. The terms and conditions of any loans, your
eligibility to borrow any funds, and any other similar
terms and services shall be determined solely by the
offering or lending agent or bank. You should request
from such lender, and carefully review, any available
written documentation in connection with any loans.
15. Miscellaneous
a) No Assignment. The Software and Services are personal to
you, and may not be transferred or assigned without
Muscle--Cars express written consent.
b) Governing Law; Jurisdiction. These Terms of Service are
governed by the laws of California, excluding its choice of
law provisions. You agree to bring and defend any actions
related to these Terms of Service exclusively in the state
of federal courts located in Santa Clara County, California.
These Terms of Service will not be governed by the United
Nations Convention of Contracts for the International Sale
of Goods, the application of which is hereby expressly
excluded.
c) Injunctive Relief. To the extent that you have breached
or have indicated your intention to breach these Terms of
Service in any manner which violates or may violate
Muscle--Cars intellectual property rights, or may cause
continuing or irreparable harm to Muscle--Cars (including,
but not limited to, any breach that may impact Muscle--Cars
intellectual property rights, or a breach by reverse
engineering), Muscle--Cars may seek injunctive relief, or
any other appropriate relief, in any court of competent
jurisdiction.
d) Complete Agreement. These Terms of Service shall
constitute the complete and exclusive agreement between us,
notwithstanding any other written instrument submitted by
you, whether formally rejected by Muscle--Cars or not. The
terms and conditions contained in these Terms of Service may
not be modified by you except in a writing duly signed by
you and an authorized representative of Muscle--Cars. If any
provision of these Terms of Service is held to be
unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it
enforceable, and such decision shall not affect the
enforceability of such provision under other circumstances,
or of the remaining provisions hereof under all
circumstances.
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