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Please read this Agreement carefully before
accessing our web site. As a condition to and in consideration of using and
accessing the Fran Auto Sales, Inc web site the User agrees to be bound by the
terms of this Agreement. Use of or access to the Fran Auto Sales, Inc web site
shall constitute acceptance of and agreement to be bound by this Agreement. IF
YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE THE FRAN
AUTO SALES, INC WEB SITE. If you have any questions about this Agreement, please
contact us via e-mail at fasmiami@yahoo.com.
THIS AGREEMENT "Agreement" is entered into by and
between Fran Auto sales, Inc and any individual, corporation, association,
agency, company, or other entity who accesses or uses the Fran Auto Sales, Inc
web site (the "User" or "you").
The Fran Auto Sales, Inc web site which is provided
without charge to you, is a World Wide Web site on the Internet. The Fran
Auto Sales, Inc web site is owned and operated Fran Auto Sales, Inc. The Fran
Auto Sales, Inc web site contains or may contain information, communications,
opinions, text, graphics, links, electronic art, animations, audio, video,
software, photos, music, sounds and other material and data (collectively,
"Content") formatted, organized and collected in a variety of forms
that are generally accessible to Users, including directories and databases, and
areas of the Fran Auto Sales, Inc web site that can be modified by Users,
such as, registering user profiles, and creating Auto-Notify profiles
("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the Fran Auto Sales, Inc Web Site.
You are responsible for providing all hardware, software,
telephone or other communications equipment and/or service to connect to the
Internet and access the Fran Auto Sales, Inc web site and are responsible
for all Internet access charges, telephone charges or other fees or charges
incurred in connecting to the Internet and accessing the Fran Auto Sales, Inc
web site.
1.2 User Conduct.
You agree to access and use the Fran Auto Sales, Inc web site
only for lawful purposes. You are solely responsible for the knowledge of and
adherence to any and all laws, statutes, rules and regulations, pertaining to (i)
your use of the Fran Auto Sales, Inc web site, including any Interactive Area,
(ii) the use of any networks or other services connected to the Fran Auto Sales,
Inc web site, and (iii) the communications means by which you connect your
modem, computer, or other equipment to the Fran Auto Sales, Inc web site. By
accessing the Fran Auto Sales, Inc web site, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying
the Interactive Features;
(2) Attempt to transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state, national,
or international law;
(3) Attempt to transmit any information, software, or
other material which violates or infringes in the rights of others, including
material which is an invasion of privacy or publicity rights or which is
protected by copyright, trademark or other proprietary right, or derivative
works with respect thereto, without first obtaining permission from the owner
or right holder.
(4) Attempt to transmit any information, software or
other material which contains a virus or other harmful component;
(5) disrupt the normal flow of communication in an Interactive
Area;
(6) claim a relationship with or to speak for any business,
association, institution or other organization for which you are not
authorized to claim such a relationship;
(7) violate any operating rule, policy or guideline of your
Internet access provider or online service.
2. Intellectual Property Rights
2.1 Fran Auto Sales, Inc content.
(a) You acknowledge that Content on the Fran Auto Sales, Inc web
site is provided by Fran Auto Sales, Inc. You acknowledge that the Fran
Auto Sales, Inc web site permits access to Content that is protected by
copyrights, trademarks, and other proprietary (including intellectual property)
rights ("Intellectual Property Rights"), and that these Intellectual
Property Rights are valid and protected in all media existing now or later
developed and except as is explicitly provided below, your use of Content shall
be governed by applicable copyright and other intellectual property laws. You
acknowledge that the Fran Auto Sales, Inc web site owns a copyright in the
"look and feel," i.e., the selection, coordination, arrangement and
presentation of such Content. Additionally, you acknowledge that all prices,
vehicle makes, models, years or any other information is subject to change at
any time.
(b) You may not modify, copy, reproduce, transmit, distribute,
publish, create derivative works from, display or otherwise transfer or
commercially exploit any of the Content, in whole or in part, provided, however,
that you may (i) make a reasonable number of digital or other form of copies to
permit your computer hardware and software to access and view the Content, (ii)
print one copy of each piece of Content, (iii) make and distribute a reasonable
number of copies of Content, in whole or in part, in hard copy or electronic
form for internal use only. Any permitted copies of Content must reproduce in an
unmodified form any notices contained in the Content, such as all Intellectual
Property Right notices, and an original source attribution to "The
Fran Auto Sales, Inc web site" and its URL address. You acknowledge that
the Fran Auto Sales, Inc web site, its Contributors, and/or Users remain
the owners of the Content and that you do not acquire any Intellectual Property
Rights by downloading or printing Content.
3. Interactive Areas
You acknowledge that the Fran Auto Sales, Inc web site may
include various interactive areas ("Interactive Areas").
However, neither the Fran Auto Sales, Inc web site, its subsidiary and
parent companies, or affiliates, nor their respective directors, officers,
employees and agents are responsible for Content within any Interactive Area.
Your use and/or management of an Interactive Area will be governed by this
Agreement and any additional rules or operating procedures of any Interactive
Area established by you or another User, as applicable. . The Fran Auto
Sales, Inc web site is not responsible for screening, policing, editing,
reviewing or monitoring any Content in an Interactive Area. Notwithstanding the
above, you agree that the Fran Auto Sales, Inc has the right to monitor
any Interactive Area, from time to time and to disclose any information as
necessary to satisfy any law, regulation or other governmental request, to
operate the Interactive Area, or to protect itself or other Users. If notified
of Content that is alleged not to conform to this Agreement, Fran Auto
Sales, Inc may investigate the allegation and determine in its sole
discretion whether to remove or request the User to remove such Content. The
Fran Auto Sales, Inc reserves the right to prohibit conduct, communication
or Content within an Interactive Area, or to edit, refuse to post, or to remove
any Content, in whole or in part, which it deems in its sole discretion to (i)
violate the then-standard provisions of this Agreement or any other standard,
written Fran Auto Sales, Inc web site policy in effect at that time, (ii)
be harmful to the rights of any User, Fran Auto Sales, Inc web site or
other third parties, (iii) violate applicable law, or (iv) be otherwise
objectionable.
4. Termination
The only right with respect to dissatisfaction with any
policies, guidelines, or practices of the Fran Auto Sales, Inc in
operating the Fran Auto Sales, Inc web site, or any change in Content, is
for you to discontinue accessing or using Fran Auto Sales, Inc web site.
The Fran Auto Sales, Inc may terminate or temporarily suspend your
access to all or any part of the Fran Auto Sales, Inc web site, without
notice, for conduct that the Fran Auto Sales, Inc is a violation of
this Agreement or any policies or guidelines posted by the Fran Auto Sales, Inc,
or for other conduct which Fran Auto Sales, Inc believes, in its
sole discretion, is harmful to the Fran Auto Sales, Inc web site other
Users. Fran Auto Sales, Inc may discontinue operating the Fran Auto
Sales, Inc web site and terminate this Agreement without notice at any time for
any reason in its sole discretion. In the event of termination, you are no
longer authorized to access the Fran Auto Sales, Inc web site, including the
Interactive Areas, and the restrictions imposed on you with respect to Content
downloaded from the Fran Auto Sales, Inc web site, as well as the disclaimers
and limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or
services expressly available at the Fran Auto Sales, Inc web site, neither the
Fran Auto Sales, Inc web site, its subsidiary and parent companies, or
affiliates, or their respective directors, officers, employees, and agents
controls, provides, or is responsible for any Content, goods or services
available through sites on the Internet linked to or from the Fran Auto
Sales, Inc web site. All such Content, goods and services are made accessible on
the Internet by Fran Auto Sales, Inc but Fran Auto Sales, Inc neither endorses
nor is responsible for the accuracy, completeness, usefulness, quality or
availability of any Content, goods or services available on any page of the Fran
Auto Sales, Inc web site. It is the sole responsibility of the user to verify
the accuracy of any and all data posted. Neither the Fran Auto Sales, Inc
its subsidiary and parent companies, or affiliates, or their respective
directors, officers, employees, and agents shall be held responsible or liable,
directly or indirectly, for any loss or damage caused or alleged to have been
caused by your use of or reliance on any Content, goods or services available on
the Fran Auto Sales, Inc web site or any site linked to or from the
Fran Auto Sales, Inc web site or your inability to access the Internet or any
site linked to or from the Fran Auto Sales, Inc web site.
5.2 Disclaimer of Warranties. Please use your best judgment in
evaluating all information contained or opinions expressed on the Fran
Auto Sales, Inc web site. It is the policy of Fran Auto sales, Inc not to
endorse or oppose any opinion about the items posted on the Fran Auto
Sales, Inc web site. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FRAN AUTO SALE,
INC WEB SITE IS AT YOUR SOLE RISK. NEITHER THE FRAN AUTO SALE, INC
NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES,
LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES
WARRANTS THAT THE FRAN AUTO SALE, INC WEB SITE OR ANY INTERNET SITE LINKED
TO OR FROM THE FRAN AUTO SALE, INC WEB SITE WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE
INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE FRAN AUTO SALE, INC WEB SITE OR
ANY INTERNET SITE LINKED TO OR FROM THE FRAN AUTO SALE, INC WEB SITE OR AS
TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS,
NON-INFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT,
INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE FRAN AUTO SALE, INC
WEB SITE OR ANY SITE LINKED TO OR FROM THE FRAN AUTO SALE, INC WEB SITE . THE
FRAN AUTO SALE, INC WEB SITE IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE
FRAN AUTO SALE, INC, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR
LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER
OR ARISING FROM THIS AGREEMENT, THE FRAN AUTO SALE, INC WEB SITE , OR ANY
INTERNET SITE LINKED TO OR FROM THE FRAN AUTO SALE, INC WEB SITE , WHETHER FOR
BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR
ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF
EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT,
DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE FRAN AUTO SALE, INC , ITS
SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY
OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON
THE CONTENT CONTAINED WITHIN THE FRAN AUTO SALE, INC WEB SITE OR THE CONTENT
CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE FRAN AUTO SALE, INC WEB
SITE . THE CONTENT WITHIN THE FRAN AUTO SALE, INC WEB SITE AND THE CONTENT
WITHIN INTERNET SITES LINKED TO OR FROM THE FRAN AUTO SALE, INC WEB SITE
MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN
NEW VERSIONS OF THE FRAN AUTO SALE, INC WEB SITE AND SPECIFICALLY ARE INCLUDED
IN THIS SECTION AGREEMENT. THE FRAN AUTO SALE, INC WEB SITE AND ITS
CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND
FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE FRAN AUTO SALE,
INC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE
ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY FRAN AUTO SALE,
INC WEB SITE SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE FRAN AUTO SALE,
INC WEB SITE IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE FRAN AUTO SALE, INC WEB SITE.
6. Indemnity
You agree to indemnify and hold the Fran Auto sales, Inc, its
parent or subsidiary companies and their affiliates, and their respective
directors, officers, employees, and agents from any and all liabilities, claims
and expenses, including reasonable attorneys fees, arising from breach of this
Agreement, any other policy, your use or access of the Fran Auto sales, Inc web
site or any Internet site linked to or from the Fran Auto sales, Inc, or in
connection with the transmission of any Content on the Fran Auto sales, Inc.
7. Miscellaneous
This Agreement comprises the entire agreement between the Fran
Auto Sales, Inc and you, and supersedes any prior agreements with respect to the
subject matter herein. Fran Auto Sales, Inc may revise this Agreement or
any other policy at any time and from time to time, and such revision shall be
effective two (2) days upon posting notice of such revision prominently on the
Fran Auto sales, Inc. You agree to review this Agreement periodically to be
aware of such revisions. If any such revision is unacceptable to you, you must
discontinue accessing the Fran Auto sales, Inc. Your continued accessing and use
of the Fran Auto sales, Inc following notice of any such revision shall
conclusively be deemed acceptance of all such revisions. The provisions of
Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or
expiration of this Agreement. If any provision of this Agreement or any other
policy be held invalid or unenforceable, that portion shall be construed in
accordance with applicable law as nearly as possible to reflect the original
intention of the parties and the remaining portions will continue in full force
and effect. The failure of Fran Auto Sales, Inc to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. This Agreement shall be governed by the laws
of the state or province of domicile of the Fran Auto sales, Inc, excluding its
conflict of laws rules, and you and the Fran Auto sales, Inc each submit to the
exclusive jurisdiction of the courts of that state or province. This Agreement
is personal to you and you may not assign your rights or obligations there under
to anyone. All logos, brand names, products, trademarks and service marks
appearing herein may be the trademarks or service marks of their respective
owners. References to any trademark, service mark and links to or from the Fran
Auto sales, Inc web site have been done strictly for clarification and
identification and does not constitute endorsement by the Fran Auto Sales, Inc
of the products, services or information offered by the owner of such trademark,
service mark or link or endorsement..
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