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MUSCLE CAR AUCTION

 

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
______________
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

Muscle Cars Terms of Service

 

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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