Terms of Service Agreement
1) Acceptance of Terms
Welcome to 'Kenny's Auto Mart'.
'Kenny's Auto Mart' provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time at: http://www.kennysautomart.net/docs/tos.shtml
In addition, when using particular 'Kenny's Auto Mart' owned or operated services, your usage of our site and services shall be subject to any posted guidelines or rules applicable to such services which may be posted and or updated from time to time at our discretion.
Failure on the part of the visitor to our site or the user of our services to not read or properly understand the TOS here shall in no way absolve them of their responsibility to act in compliance with the TOS stated here.
All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
'Kenny's Auto Mart' may also offer other services that are governed by different Terms of Service agreements.
2) Description of Service
'Kenny's Auto Mart' provides users with access to a variety of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through various mediums or devices now known or hereafter developed (the "Service").
You also understand and agree that the Service may include advertisements and that these advertisements are necessary for 'Kenny's Auto Mart' to provide the Service.
You also understand and agree that the Service may include certain communications from 'Kenny's Auto Mart', such as service announcements, administrative messages, and that these communications are considered part of 'Kenny's Auto Mart' membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new 'Kenny's Auto Mart' properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that 'Kenny's Auto Mart' assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment necessary to access the Service.
3) Submission of Personal Information
Any private information such as personal contact data (phone numbers, email addresses, home addresses, etc...) submitted to 'Kenny's Auto Mart' either electronically or by other means, is deemed public information and may be displayed on the website of Kenny's Auto Mart (or any of its affiliates) at our sole discretion.
If you have personal information that you wish to keep confidential and/or secure, then you should not submit it to us.
Any information that is submitted to any third parties such as PayPal, eBay, or others is done so at your own risk even if it is in conjunction with your useage of the 'Kenny's Auto Mart' services.
'Kenny's Auto Mart' does not own or operate these third party operations and your usage of them is governed by their Terms of Service agreements and Privacy Policies.
You are solely responsible for the safety and security of your usage of any of our services or of any of the services of any of the sites or systems or third parties to which we might offer connections to either directly or indirectly.
4) Right to Refuse Service
'Kenny's Auto Mart' is a privately operated service and reserves the right to refuse service to anyone at anytime at its sole discretion.
This denial of service to users may include but not necessarily be limited to IP address blocking, cookie tracking methods, and the use of subscription fees to access the system.
Any information, photos, or data submitted to 'Kenny's Auto Mart' for the purpose of being displayed within the 'Kenny's Auto Mart' system or any of its affiliates is subject to the approval of 'Kenny's Auto Mart'.
Any information, photos, or data submitted to us that is not deemed appropriate by us for whatever reason may be removed from our system at anytime without prior notice or warning of any kind to the submitter of said information.
Any information, photos, or data that has been submitted to us in conjunction with a paid for service or promotion that we offer is also subject to the same rules of appropriateness.
We also reserve the right to refuse service for any reason to anyone who pays for any of the services that we offer.
We are not liable for any losses incurred to or by any individual should we refuse to provide service to them, even if they have paid for this service.
The amount of liability that 'Kenny's Auto Mart' or any of its affiliates is responsible for, in the event of denial of any service to anyone, is limited to the fee that said person or third party paid for the denied service to us and not one penny more.
If a person or organization uses a third party as a "go between" to acquire services from us, then that third party is responsible for any reimbursements to the person making any claims for denial of services by us.
5) Performance of Service
'Kenny's Auto Mart' does not guarantee that a particular target audience or intended recipient will receive any services paid for by any individuals or third parties and is not responsible for the successful transmission of any services that we provide.
'Kenny's Auto Mart' is not responsible for transmission errors, loss of data, or any other causes that result in the unsuccessful propogation of its services to any intended audience or recipient whether paid for or not by any individual or third party.
Paying for and/or using any of the services that 'Kenny's Auto Mart' provides is at the sole risk of the user and 'Kenny's Auto Mart' does not provide any performance guarantee whatsoever to anyone for the use of its services.
6) Limits of Liability
Any information, photos, or data that has been deleted either intentionally or otherwise by 'Kenny's Auto Mart' or any of its affiliates is deemed as being disposable by the submitter and 'Kenny's Auto Mart' is not responsible for its loss.
It is the sole responsibility of the submitter of any such information, photos, or data to maintain their own copy of said information, photos, or data on their own systems and is not the responsibility of 'Kenny's Auto Mart' to provide any such archiving for any purpose whatsoever.
We are not liable for any losses incurred to or by any individual should we refuse to provide service to them, even if they have paid for this service.
'Kenny's Auto Mart' makes no claim as to the effectiveness of its services and is not responsible for any claims made by users of its systems for failure to satisfy their purposes for using our systems.
If a person or organization uses a third party as a "go between" to acquire services from us, then that third party is responsible for any reimbursements to the person making any claims for denial of service or lack of performance by us.
Any person or third party who pays for services from us and is deemed to be in violation of our TOS or causes us injury either economically or otherwise, may be refused any reimbursements of any fees paid to us for any services that they were paying us to perform.
Should 'Kenny's Auto Mart' suffer any damages either economically or otherwise by any person or third party accessing our system either directly or indirectly or should cause us harm through any means whatsoever either directly or indirectly is subject to legal action by 'Kenny's Auto Mart' and/or its affiliates.
7) Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or 'Kenny's Auto Mart' has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 'Kenny's Auto Mart' has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.
8) Member Account, Password, and Security
You will receive a password and account designation upon completing the Service's registration process.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify 'Kenny's Auto Mart' of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
'Kenny's Auto Mart' cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 8.
9) Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
This means that you, and not 'Kenny's Auto Mart', are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
'Kenny's Auto Mart' does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will 'Kenny's Auto Mart' be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a 'Kenny's Auto Mart' official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation not in keeping with the intention of the 'Kenny's Auto Mart' services;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- collect or store personal data about other users.
You acknowledge that 'Kenny's Auto Mart' may or may not pre-screen Content, but that 'Kenny's Auto Mart' and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service.
Without limiting the foregoing, 'Kenny's Auto Mart' and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by 'Kenny's Auto Mart' or submitted to 'Kenny's Auto Mart', including without limitation information in 'Kenny's Auto Mart' Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that 'Kenny's Auto Mart' may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of 'Kenny's Auto Mart', its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by 'Kenny's Auto Mart' and/or content providers who provide content to the Service.
You may not attempt to override or circumvent any of the usage rules embedded into the Service.
Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
10) International Use
Recognizing the global nature of the Internet, you agree to comply with all local 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.
11) Content Submitted or Made Available for Inclusion on the Service
'Kenny's Auto Mart' does not claim ownership of Content you submit or make available for inclusion on the Service.
However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant 'Kenny's Auto Mart' the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of 'Kenny's Auto Mart', the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific 'Kenny's Auto Mart' system(s) to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or 'Kenny's Auto Mart' removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or 'Kenny's Auto Mart' removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the 'Kenny's Auto Mart' network of properties that are intended by 'Kenny's Auto Mart' to be available to the general public.
By way of example, publicly accessible areas of the Service would include 'Kenny's Auto Mart' classified ad listings or promotions and website pages that are open to both members and visitors.
You agree to indemnify and hold 'Kenny's Auto Mart', and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
13) General Practices Regarding Use and Storage
You acknowledge that 'Kenny's Auto Mart' may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on 'Kenny's Auto Mart''s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
You agree that 'Kenny's Auto Mart' has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
You acknowledge that 'Kenny's Auto Mart' reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that 'Kenny's Auto Mart' reserves the right to modify these general practices and limits from time to time.
14) Modifications to Service
'Kenny's Auto Mart' reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that 'Kenny's Auto Mart' shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that 'Kenny's Auto Mart' may, under certain circumstances and without prior notice, immediately terminate your 'Kenny's Auto Mart' account, any associated email address, and access to the Service.
Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS 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) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.
Termination of your 'Kenny's Auto Mart' account includes (a) removal of access to all offerings within the Service, including but not limited to 'Kenny's Auto Mart' Classified Ad Listings, Promotions, and Announcements, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service.
Further, you agree that all terminations for cause shall be made in 'Kenny's Auto Mart''s sole discretion and that 'Kenny's Auto Mart' shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
16) Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that 'Kenny's Auto Mart' shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.
Because 'Kenny's Auto Mart' has no control over such sites and resources, you acknowledge and agree that 'Kenny's Auto Mart' is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that 'Kenny's Auto Mart' shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18) Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by 'Kenny's Auto Mart' or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
'Kenny's Auto Mart' grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the interface that is provided by 'Kenny's Auto Mart' for use in accessing the Service.
19) Disclaimer of Warranties
You expressly understand and agree that:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 'KENNY'S AUTO MART' EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- 'KENNY'S AUTO MART' MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 'KENNY'S AUTO MART' OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20) Buyer Beware
Regarding any and all information that is displayed as a result of using the 'Kenny's Auto Mart' services, the phrase "Let the buyer beware" is apt.
The Service is provided for informational purposes only, and no Content included in the Service is intended for investing purposes.
'Kenny's Auto Mart' and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading, buying, renting, or any other form of investment decision made based on such information.
21) General Information
The TOS constitute the entire agreement between you and 'Kenny's Auto Mart' and govern your use of the Service, superceding any prior agreements between you and 'Kenny's Auto Mart'.
You also may be subject to additional terms and conditions that may apply when you use or purchase certain other 'Kenny's Auto Mart' services, affiliate services, third-party content or third-party software.