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User Agreement for RacingJunction.com

Introduction

 

Welcome to RacingJunction.com. By using the RacingJunction.com web site you are agreeing to the terms of this User Agreement. Before you may become a member of RacingJunction.com, you must read and accept all of the terms and conditions in this User Agreement and the Privacy Policy.

If you have any questions, please refer to the Help section of the site or email support@racingjunction.com.

 

FEES AND SERVICES

 

Joining RacingJunction.com and viewing the classified ads contained on the site is free. There is a charge to post a classified ad, whether placed individually or through a pre-paid membership package. All fees are quoted in U.S. Dollars. When listing a classified advertisement, you have an opportunity to review the ad contents for accuracy, and review the total fees to be charged, before final placement of the ad. All sales are final. Once payment has been made and the ad has been placed onto the racingjunction.com site, we will not issue a refund. If there is an error in your ad, you may modify the ad contents at any time, up until expiration. Classified ads can be cancelled and removed at any time after placement, however, no refund will be issued.

From time to time, we may offer promotional pricing or free/reduced fees, which are applicable only to ads that are placed and paid for during the promotional period. A pre-paid membership package may not be used to place an ad at a promotional rate, and no adjustments or refunds will be issued in this case.

RULES

United Media has established the following rules and guidelines to ensure the quality of the classified advertisements. CLASSIFIEDS ARE POSTED BY OTHER USERS, NOT BY United Media. Sellers and buyers are responsible for all aspects of the transactions in which they choose to participate. All transactions conducted on RacingJunction.com must be consistent with any applicable legal rules and with United Media's Guidelines, User Agreement and Privacy Policy, incorporated herein by this reference.

United Media reserves the right to reject or remove any ad that is not consistent with the letter or spirit of United Media's policies or the law. Please review the Guidelines below and make sure any transactions you conduct comply fully.

GENERAL INFORMATION

United Media provides RacingJunction.com as a platform for United Media's users to connect with one another. UNITED MEDIA DOES NOT PARTICIPATE IN, NOR IS IT A PARTY TO, ANY CLASSIFIEDS TRANSACTIONS. United Media does not screen or control users who may sell or buy on Classifieds, nor does United Media review or authenticate all listings, items, or services offered for sale. Therefore, users of this service should be aware that:

  • Sellers and buyers are wholly responsible for negotiating the purchase, sale and exchange of goods or services.
  • Sellers and buyers must resolve any disputes that may arise from Classifieds transactions.
  • Sellers and buyers are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.
  • Sellers and buyers are responsible for all applicable taxes and for all costs incurred by participating in RacingJunction.com.

GENERAL RULES

  1. Fraud. Sellers may not use or manipulate this service for any fraudulent activity or purpose, including collecting payment from buyers and not providing the item or service purchased, or filing false claims for insurance payments.
  2. Interference. Sellers may not spam United Media's system and/or impose an unreasonably or disproportionately large load on United Media's system. Seller may not put any material on RacingJunction.com that contains any viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. Sellers may not solicit RacingJunction.com users to post ads on other classifieds sites.
  3. Classified Username/Passwords. Sellers are solely responsible for actions taken under seller's classified username and/or password and should not disclose them to anyone else. Seller cannot use his/her classified username and/or password for any unauthorized purpose.

SELLING

All sellers must:

  1. Comply with applicable laws. Seller may not offer for sale or sell an item or service to any buyer in a jurisdiction where the item, service, or terms of the sale violates applicable laws or regulations. Seller may not offer for sale any item or service that violates United Media's policies as described below in "Prohibited Items and Services."
  2. Provide accurate information. Seller must accurately describe the item he/she is selling. Seller may not include any language in his/her ad, including the ad title, which may confuse potential buyers or cause seller's ad to be included in search results to which it is not responsive.
  3. Place item in the appropriate category. Seller must list his/her item in the most appropriate category. Each item can only be listed in one category.
  4. Avoid inappropriate ad content. Seller may not link to, post, or include advertisements for goods or other materials that: (a) describe items or services that seller is not selling on RacingJunction.com, or (b) seller does not have rights to link to or include. Seller also may not include any content or images in seller's ad that are obscene, offensive, harmful to minors, invasive of anyone's privacy, or otherwise inappropriate.
  5. Have the rights to and possession of item. Seller may not offer any item for sale that (1) is not in seller's possession, (2) seller does not have the right to sell, or (3) does not exist at the time of the ad.

PROHIBITED ITEMS AND SERVICES

It is the responsibility of both the seller and the buyer to ensure that the items or services listed for sale and bought by users are appropriate for sale under all applicable laws and regulations. SELLER MAY NOT SELL THE

FOLLOWING ITEMS OR SERVICES UNDER ANY CIRCUMSTANCES:

  1. Any item that has been the subject of a product recall by the U. S. Consumer Product Safety Commission, other government agency, or product manufacturer.
  2. Any item that violates any U. S. export law or regulation, including any items subject to the terms of the U. S. embargoes against Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Serbia (former Yugoslavia), and Sudan.
  3. Event tickets sold for prices that are in violation of the laws or regulations of the event venue.
  4. Any item or service that is harmful to minors, obscene, or otherwise objectionable.
  5. Illegal or restricted weapons and related accessories, including the following:
    • Firearms and firearm accessories, including ammunition, scopes, and silencers.
    • Switchblade knives.
    • Any concealed weapon.
    • Any explosive device.
    • Martial arts weapons.
  6. Cigarettes, illegal drugs, drug paraphernalia (including items to grow, manufacture, or distribute the same), prescription drugs, and medical devices, including any medical device that requires fitting by a certified practitioner or licensed seller.
  7. Any item that infringes the rights of a third party, including items that violate copyrights, trademarks, publicity, or privacy rights of third parties. Examples include, but are not limited to:
    • Unauthorized copies of software, music, video games, movies, photos, or other media.
    • Bootleg recordings of concerts, movies, or other performances.
    • Sale of back-up copies of software.
  8. Any item that is counterfeit or stolen, including items that are:
    • "Replicas," "knock-offs," in the same "style" as, or "fake" versions of a name brand product.
    • Counterfeit, or for the purpose of producing counterfeit, currency, stamps, government identification.
    • Inauthentic sports collectibles, celebrity autographs, or otherwise inauthentic versions of memorabilia or other items with inauthentic signatures.
    • Any item for gaining unauthorized entry to a place or vehicle including lock-picking devices, vehicle master keys, and other devices.
  9. Any item that promotes, glorifies, or is directly associated with groups or individuals known principally for hateful or violent positions or acts, such as Nazis or the Ku Klux Klan. Official government-issue stamps and coins are not prohibited under this policy. Expressive media, such as books and films, may be subject to more permissive standards as determined by United Media in its sole discretion.
  10. Any animal items that are subject to regulations or laws for the protection of live animals, including endangered species and domesticated animals, as well as any products made from or including any parts of an animal protected by law or regulation.
  11. Any item used for hacking, intercepting, jamming, descrambling, or otherwise obtaining unauthorized access to wire, electronic, or other types of communications.
  12. Bodies, body parts, bodily fluids. For example: cadavers, organs, "clean" urine for drug tests, sperm, eggs, blood, breast milk.
  13. Fireworks, explosives, or any hazardous material or restricted chemical.
  14. Government-issued identification documents, whether authentic or counterfeit (e. g. , fake IDs for age verification, fake government credentials, passports, green cards, birth certificates), police badges or insignia, and any other law enforcement items (e. g. , FBI identification cards, badges, uniforms, flashing lights/sirens, etc. ) generally restricted for sale under federal and state law.
  15. Stocks and securities.
  16. Gambling items (lottery tickets, sweepstakes, pyramid schemes, grab bags, raffles, slot machines, etc.).
  17. Individual contracts, services, and any item that is non-transferable.
  18. Non-packaged food items and other food or beverage items sold in a manner inconsistent with federal, state, or legal regulations.
  19. Any used goods not appropriate for resale for safety, health, or other reasons, including any clothing items that have not been appropriately cleaned.
  20. Any items that are "adult oriented" in nature or marketed in an objectionable manner, as determined in United Media's sole discretion.
  21. Any other item or service that violates any applicable federal, state, or local law or regulation or which United Media determines, in its sole discretion, is inappropriate for sale through the services provided by United Media.
  22. Classified items must be product specific, not general in nature, must not be promoting a service or an opinion. Classified items cannot be promoting an event or lottery and cannot be discussing issues other than a particular product that is for sale.

SPAM

RacingJunction.com encourages sellers to post ads on RacingJunction.com as long as they are not duplicates or other forms of spam, or otherwise inconsistent with the United Media's Guidelines, User Agreement or Privacy Policy. United Media may take action to delete Classifieds and/or United Media user accounts that United Media believes are misusing this service. Prohibited spam or otherwise impermissible marketing activities in RacingJunction.com may include, but are not limited to, the following:

  1. Posting an ad that is unrelated to the category in which the ad is placed.
  2. Posting identical ads in the same category and location.
  3. Posting an ad with inappropriate links, titles, descriptions, or unauthorized use of content to which the person posting does not have rights.
  4. Posting an ad for the sole purpose of collecting user information or raising money.
  5. Posting an ad that contains unsolicited or unauthorized advertising or promotional materials. This may include an ad that instructs the user(s) to contact the person/company posting the ad for more information and then requires the user to pay a fee for that information.
  6. Posting a multi-level marketing position or other non-traditional job not involving a W2 or 1099.
  7. Posting a job ad that requires a monetary investment by the user at any time.
  8. Posting an ad that requires a user to register before getting detailed information about the product or position.
  9. Posting an ad through unauthorized robots (crawling software).
  10. Soliciting a RacingJunction.com user to post an ad in another classifieds site.

United Media may take corrective action, at its sole discretion, when prohibited activities or other misuses of RacingJunction.com become apparent.

EVENT TICKETS

RacingJunction.com permits the resale of event tickets, as long as sellers abide by the applicable state and local laws where the event is located. In an effort to help users conduct lawful ticket sales, United Media requires that ads for event tickets meet, at minimum, the following requirements:

ALL Classifieds listings for event tickets MUST include in the description:

  1. The location of the event (venue, city and state).
  2. The date of the event.
  3. The face value of the ticket(s).

AND, IF the location of the event is in Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina or Wisconsin, the seller MUST:

  1. Restrict sale to the face value of the ticket(s).
  2. Enter the face value of the ticket(s) as the Price during the ad submission process. Event ticket ads which do not comply with these Guidelines, the User Agreement, the Privacy Policy and all applicable laws and regulations are subject to removal, at United Media's sole discretion. Please be aware that event tickets are regulated by state and/or local laws in many jurisdictions and compliance with these Guidelines do not ensure that a seller's ad is legal or allowed on United Media. IT IS THE RESPONSIBILITY OF SELLERS AND BUYERS USING RacingJunk.com TO LOCATE, UNDERSTAND AND ACT CONSISTENTLY WITH ANY AND ALL APPLICABLE FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE OR REGULATION THAT MAY PROHIBIT OR RESTRICT THE SALE OF ANY ITEM TO BE LISTED. United Media encourages users to research the relevant laws and regulations when posting an ad for tickets. If you feel an ad may be in violation, please report it support@RacingJunction.com.

OTHER IMPORTANT RULES

  1. Other Rules Regarding Classifieds. Additional rules for RacingJunction.com are posted on the User Agreement, the Privacy Policy and at various places within RacingJunction.com. United Media, in its sole discretion, may change these rules without notice.
  2. Real Estate. All real estate advertising on the RacingJunction.com web site is subject to united Media's Guidelines, User Agreement, the Privacy Policy, and the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination. Seller's and buyer's state or local jurisdiction may impose additional requirements.

REPORTING ABUSE

If seller or buyer finds an offensive or worrisome ad, please inform RacingJunk.com by sending an e-mail to support@RacingJunction.com. RacingJunction.com reserves the right to determine what action is necessary.

REMINDER OF UNITED MEDIA'S DISCLAIMER

THE CONTENT OF THE ADVERTISEMENTS THAT APPEAR ON RacingJunction.com IS THE SOLE RESPONSIBILITY OF THOSE PERSONS POSTING THE ADS. AS SET FORTH IN UNITED MEDIA'S GUIDELINES, User Agreement AND Privacy Policy, RacingJunction.com DOES NOT CONTROL THE CONTENT OF THE ADS AND DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF ANY INFORMATION CONTAINED IN THE RacingJunction.com LISTINGS OR IN ANY OF THE PRODUCTS OR SERVICES LISTED ON RacingJunction.com. RacingJunction.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE INFORMATION CONTAINED IN THE CLASSIFIEDS. RacingJunction.com DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

RacingJunction.com reserves the right to remove ads at any time for any reason. Seller is solely responsible for content. By posting an ad in RacingJunction.com, seller agrees that he/she will not post any material that is libelous, defamatory, or unlawful, or that violates or infringes any trademark, copyright, or similar rights of others.

UNITED MEDIA'S RIGHT TO TERMINATE

United Media, in its sole discretion, may terminate any Classified listing or member's Classified Number and/or Password immediately and without notice if (a) United Media believes that seller, buyer or member has acted inconsistently with the spirit or the letter of the United Media Guidelines, User Agreement or Privacy Policy, or (b) United Media believes seller or buyer has violated or tried to violate the rights of others. If seller or buyer sees a listing that violates any RacingJunction.com rules, please contact support@RacingJunction.com.

RacingJunction.com reserves the right to change or modify these guidelines at any time.

 

TERMS AND CONDITIONS:

1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

2. Our Service.
Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations.
In order to use this web site, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

4. Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

5. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. Your Conduct.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

7. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

8. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

9. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

12. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

13. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:

Click to contact our webmaster

14. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

15. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.

Copyright ©2007 United Media, LLC. All rights reserved.

 

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Copyright ©2007 United Media LLC All Rights Reserved.
Use of the RacingJunction.com web site signifies acceptance of our User Agreement and our Privacy Policy
All product names, brand names and trademarks are the property of their respective owners.
United Media, LLC
127 Raymond Drive #20, Indiana, PA 15701
Tel: (724) 465-4555  • Fax: 724.465.0207 • Email: support@racingjunction.com
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