Terms of use
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS WEB SITE AND THE IVR ( here in known as INTEGRATED VOICE RESPONSE phone system), YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF, AND BE LEGALLY BOUND BY, THIS ONLINE USER AGREEMENT AND PRIVACY POLICY (THIS "AGREEMENT") BETWEEN YOU AND MillsMotors. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEB SITE OR IVR. PLEASE KNOW THAT MillsMotors (SELLTHECARS) IS ALIGNED WITH QUALIFIED 'BUYERS' TO PURCHASE ITEMS FROM SELLERS AND BUYERS ARE REFERED TO AS 'US' OR 'WE' IN THE CONTEXT OF A PURCHASE. SELLTHECARS IS INDEMNIFIED FOR UNAPPROVED BUYER ACTIONS.
1. GENERAL INFORMATION
1.1. Changes. The web site and IVR are provided by
MillsMotors here in known as STC or MillsMotors. MillsMotors reserves the
right, at its discretion, to change the terms of this Agreement and/or change,
suspend, discontinue or modify any aspect of the web site. Such modifications
may include, without limitation, changes in content, in user priorities, and
discontinuance of functional aspects of the web site or IVR.
1.2. Notices of Changes. We may amend this Agreement at any
time without specific notice to you. The latest Agreement will be posted on our
web site, and you should review this Agreement prior to using the web site and
IVR. You agree to review the terms and conditions of this Agreement
periodically to be aware of such revisions. Additionally, your continued use of
the web site after the posting of any change in the terms and conditions shall
constitute your acceptance to be bound by the express terms of any such
changes.
1.3. Use of Information or Services. All visitors are notified
and agree that we do not assume any responsibility for problems and losses
experienced by using our web site's information or services. If you take action
to buy, sell, or invest after visiting our web site and it causes you to take
an action that results in a loss of money, property, profits, opportunity
costs, or any other loss on your part, you may not sue us to recover that money
(loss). We only provide a service to independent individual investors, sellers,
and buyers that are each totally responsible for the results of their own
actions. 1.4. Revocable License. You are hereby granted a non-exclusive,
non-transferable, revocable license (a) to access and use the web site strictly
in accordance with this Agreement; and (b) to use the web site solely for
internal, personal, non-commercial purposes. We do not represent, or warrant
that the web site will be error-free, free of viruses, or other harmful
components, or that any defects will be corrected. We do not represent, or
warrant that the information available on, or through the web site will be
correct, accurate, timely, useful, complete, or otherwise reliable.
2. LIMITATIONS ON USE AND USER SUBMISSIONS
2.1. Copyright and Trademark Notice. All content of the web
site and service or IVR provided by MillsMotors, including, but not
limited to, all text, photos, graphics, audio, software, presentations in any
format and/or video is copyrighted by MillsMotors. All rights reserved. No
portion of the information or other materials may be directly or indirectly
copied, published, reproduced, modified, performed, displayed, sold,
transmitted, published, broadcast, rewritten for broadcast or publication or
redistributed in any medium, whether now known or hereafter created. No portion
of the information or other materials may be stored in a computer or
distributed over any network, except that you may download or print one copy of
pages strictly for personal and non-commercial use. However, any print out of
any page of the web site and IVR or portion thereof, must include MillsMotors's
copyright notice. MillsMotors, and its associated logos, page headers, custom
graphics, buttons, and other icons are service marks, trademarks, registered
service marks, registered trademarks, or trade dress of MillsMotors. All other
content, product names, and company logos are trademarks of their respective
owners. Neither these materials, nor any portion thereof, may be stored in a
computer except as reasonably necessary for personal and non-commercial use.
2.2. Restricted Use of the Site and IVR. You agree to use the
web site for lawful purposes only. You agree not to post or transmit any
information through the web site which: (a) infringes the rights of others or
violates their privacy or publicity rights, (b) is unlawful, threatening,
abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise
objectionable, or (c) is protected by patent, copyright, trademark or other
proprietary right without the express permission of the owner of such right.
You shall be solely liable for any damages resulting from any infringement of
patent, copyright, trademark or other proprietary rights, or any other harm
resulting from your use of the web site.
2.3. Your Submission of Messages. You hereby grant to
MillsMotors a worldwide, royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, display and use for any purpose all
messages or other materials posted by you on the web site or any e-mail sent by
you to MillsMotors (in whole or in part) and to incorporate any such messages or
other materials or e-mails in any form, into other media or technology whether
now known or hereafter developed.
2.4. Public Messages. All electronic forums made available to
users of the web site are the sole property of MillsMotors and are not public forums.
You understand and acknowledge that all information, data, files, software,
music, sound, photographs, graphics, video, messages or other materials posted
by any person or entity other than MillsMotors ("Third-Party Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Third-Party Content originated. You assume total
liability for all Third-Party Content that you upload, post, email or otherwise
transmit via the web site. MillsMotors assumes no liability for any such
Third-Party Content. You agree not to use the web site to:
A. upload, post, e-mail or otherwise transmit any Third-Party
Content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, or
hateful, or is racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity, including, but not
limited to, an official or representative of MillsMotors, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
D. forge headers or otherwise manipulate identifiers to
disguise the origin of any content transmitted through the web site;
E. upload, post, e-mail or otherwise transmit any Third-Party
Content that you do not have a right to transmit 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);
F. upload, post, e-mail or otherwise transmit any Third-Party
Content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
G. upload, post, e-mail or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
H. upload, post, e-mail or otherwise transmit 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 or network;
I. interfere with or disrupt the web site or servers or
networks connected to the web site, or disobey any requirements, procedures,
policies or regulations of networks connected to the web site;
J. 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.
K. "stalk" or otherwise harass another; or
L. collect or store personal data about other users.
You acknowledge that MillsMotors does not pre-screen
Third-Party Content, but that MillsMotors and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any
Third-Party Content that is available via the web site. Without limiting the
foregoing, MillsMotors and its designees shall have the right to remove any
Third-Party Content that violates this Agreement or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use
of any Third-Party Content, including any reliance on the accuracy,
completeness, or usefulness of such Third-Party Content. You acknowledge and
agree that MillsMotors may preserve Third-Party Content and may also disclose
Third-Party Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce this Agreement; (c) respond to claims that any
Third-Party Content violates the rights of other third-parties; or (d) protect
the rights, property, or personal safety of MillsMotors, its users, or the
public.
2.5. Linking. Without the prior written consent of
MillsMotors, you may not use any of MillsMotors's proprietary logos, marks, or
other distinctive graphics, video, or audio material in your links. You may not
link to the web site or to any page thereof or engage in the practice of "deep
linking" in any manner reasonably likely to: (a) imply affiliation with or
endorsement or sponsorship of or by MillsMotors; (b) cause confusion, mistake,
or deception; (c) dilute MillsMotors's trademarks or service marks; (d) otherwise
violate state or federal law; or (e) constitute improper disparagement or
disclosure concerning MillsMotors or any of its respective affiliates, or their
respective officers, directors, agents, franchises, or Vendors. You may not
frame or otherwise incorporate into another web site any of the information or
other materials on this web site without the prior written consent of
MillsMotors.
3. ACCESS AND DELAYS IN SERVICES
MillsMotors, its affiliates, subsidiaries, and Vendors shall
have no responsibility to provide you access to the web site. Further,
MillsMotors, its affiliates, subsidiaries, and Vendors shall not be liable to
you for any loss or liability resulting, directly or indirectly, from delays,
inaccuracies, errors, omissions or interruptions of the web site for any
reason, including, without limitation, due to electronic or mechanical
equipment failures, telephone interconnect problems, defects, weather, strikes,
walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of
terrorism, or to other like causes.
4. MONITORING OF SITE
You acknowledge that MillsMotors reserves the right to, and
may from time to time, monitor for all lawful purposes any and all Third-Party
Content transmitted or received through the web site. During monitoring,
information may be examined, recorded, copied, and used for authorized
purposes. All Third-Party Content, including personal information, placed on or
sent over the web site may be monitored. Use of the web site, authorized or
unauthorized, constitutes consent to such monitoring and to the other terms of
this Agreement.
5. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
5.1. General Disclaimer and Limited Warranty. You acknowledge
that certain aspects of the information on the web site and links provided
through the web site are compiled from sources which may be beyond the control
of MillsMotors. Though such information and links are recognized by the parties
to be generally reliable, the parties acknowledge that inaccuracies may occur.
MillsMotors, its licensees or affiliates do not warrant the accuracy or
suitability of any such information. Neither MillsMotors nor its licensees or
affiliates represent or endorse the accuracy or reliability of the information
distributed through the Service. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEB
SITE IS PROVIDED TO YOU ON AN "AS IS WITH ALL FAULTS" BASIS. MillsMotors AND
ITS LICENSEES AND AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER
EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING.
FURTHER, MillsMotors AND ITS LICENSEES AND AFFILIATES NEITHER REPRESENT NOR
WARRANT THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR
NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.
5.2. Errors and Omissions. You assume all risk of errors and
omissions in the web site, including the transmission or translation of data.
You assume full responsibility for implementing sufficient procedures and
checks to satisfy your requirements for the accuracy and suitability of the web
site, including the information, and for maintaining any means which you may
require for the reconstruction of lost data or subsequent manipulations or
analyses of the Information provided under this Agreement.
5.3. Viruses. YOU ACKNOWLEDGE AND AGREE THAT MillsMotors USES
REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS
OPERATE ON, OR ARE PASSED THROUGH, THE WEB SITE OR THE INFORMATION ON THE
WEBSITE. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD
MillsMotors HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR
NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR
FUNCTION.
5.4. LIMITATION OF LIABILITY. YOU AGREE THAT MillsMotors AND
ITS AFFILIATES, SUBSIDIARIES, AND VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR
ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE WEB SITE FOR ANY PURPOSE WHATSOEVER. THE PROVISIONS
CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
5.5. FTC NOTICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.
6. INDEMNIFICATION
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND,
INDEMNIFY, AND HOLD HARMLESS MillsMotors AND ITS AFFILIATES, SUBSIDIARIES, AND
VENDORS, AND EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, VENDORS, AND CONTRACTORS OF WHATEVER TIER (COLLECTIVELY, THE
INDEMNITEES) FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF
WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS' FEES
AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR
ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS AND
USE OF THE WEB SITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE
WEB SITE. THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN THIS
SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE,
GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES OF
THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR
ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR SEVERALLY. YOU
SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH
CLAIM.
7. PRIVACY
7.1. Privacy. Records of your use of the web site is the sole
property of MillsMotors and is protected by and subject to the U.S. Electronic
Communications Privacy Act (18 U.S.C.S. ยง 2701 et seq.), as amended, or any
successor statute. MillsMotors reserves the right to use such information for
its marketing, licensing and membership endeavors. Your personally identifying
information will not be shared with any third party, with the following
exceptions:
A. Information that MillsMotors in good faith determines is
legally required to be revealed by any relevant statute, regulation, ordinance,
rule, administrative or court order, decree, or subpoena;
B. Information revealed during the course of MillsMotors's
enforcement of the policies and procedures of the web site, the terms of this Agreement,
or during the course of any disciplinary actions;
C. Information in a manner expressly permitted by the
provisions of this Section;
D. Information that MillsMotors in good faith determines must
be disclosed to correct what it believes to be false or misleading information
or to address activities that MillsMotors believes to be manipulative,
deceptive or otherwise a violation of law; or
E. Unless you are otherwise notified at the time we collect
the data. Note also, your electronic mail address may become public when you
participate in web site electronic forums. We may also conform to the standard
practice of using "cookies" which, when you sign on to our site, automatically
copies a small record file ("cookie") to your hard disk.
7.2. Privacy of Minors. Protecting the privacy of children is
especially important. MillsMotors does not knowingly collect information about
children and will delete any such information that it discovers or of which it
is made aware.
7.3. Nonpublic Personal Information. "Nonpublic Personal
Information" is the nonpublic information about you that is obtained from you
in connection with providing you a financial product or service such as a loan
or mortgage. MillsMotors and its advertisers may collect nonpublic personal
information from the online forms you complete in order to obtain the financial
product or service, from information collected as a result of your transactions
with MillsMotors, our advertisers or others, and from consumer reporting
agencies. MillsMotors will not disclose any nonpublic personal information
about our current or former customers and consumers to anyone, except as
permitted or required by law, or as described below. We may disclose all of the
information we collect about you to our affiliates who offer related goods and
services, and to nonaffiliated third parties that perform services on our
behalf, including marketing services, or other financial institutions with whom
we have joint marketing agreements. If we collect nonpublic personal
information from you to provide third-party financial products and services
requested by you, such third-party's use of your personal information will be
subject to their privacy policy as disclosed to you by them. We have procedures
in place that limit access to nonpublic personal information to those employees
and other individuals who need to know such information to provide products and
services to you. We will maintain physical, electronic, and procedural
safeguards to protect the confidentiality of your nonpublic personal
information as required by law.
7.4. Other Sites and Their Policies. Other sites that may be
accessed through our web site will have their own privacy policies and rules.
You must ensure that you agree to these terms when entering their web sites. We
cannot be held liable for any information, or exchange of data while on any
other web site.
8. UNSOLICITED E-MAIL AND DIRECT MARKETING
8.1. Unsolicited E-mail. MillsMotors supports responsible
e-commerce. MillsMotors does not authorize anyone to use the web site to
broadcast, distribute, transmit or retransmit unsolicited commercial,
non-commercial, bulk, or junk electronic mail ("SPAM").
8.2. Electronic Direct Marketing Programs. MillsMotors may
develop and participate in electronic direct marketing to users of the web site
who elect to receive electronic mail of specific interest to them. In keeping
with this Agreement, MillsMotors does not forward the names and addresses
(electronic or otherwise) to third parties. Advertisers who participate in
MillsMotors's electronic direct marketing programs identify the category of
users who would most likely be interested in their goods and services.
MillsMotors then forwards the advertisements to users who have elected to
receive that category of electronic mail. Users may elect to not receive
similar electronic mail by requesting that their e-mail address be removed from
the mailing list by selecting the appropriate option included with each e-mail
advertisement sent by MillsMotors. In addition, users may elect to be removed
from such lists at any time by sending a message to the System administrator at
support@1888paycash.com.
9. MISCELLANEOUS
9.1. Governing Law; Limitations; Venue. The laws of the State of Florida, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern this Agreement. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the web site or IVR as contemplated by this Agreement must be instituted within two (1) year from the date upon which such claim or cause arose. Further, any such claim or cause of action shall be brought EXCLUSIVELY in the state or federal courts located in Palm County, Florida and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Ohio as your agent for service of process. You agree to waive any objection that the state or federal courts of Palm County, Florida are an inconvenient forum.
9.2. Assignments. You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of MillsMotors. Any assignment other than as provided for in this Section shall be null and void.
9.3. Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.
9.4. U.S. Government Restricted Rights; Export. The materials on the web site are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of MillsMotors's proprietary rights in them. You may not use or export the information or any other materials in this web site in violation of U.S. export laws and regulations.
9.5. Termination. MillsMotors may terminate or suspend your use of the web site for any reason. Termination or cancellation of your use of the web site shall not affect any right or relief to which MillsMotors may be entitled, at law or in equity. Upon termination or cancellation, all rights granted to you will terminate and revert to MillsMotors.
9.6. Notice. Official correspondence must be sent via postal mail to:
SELLTHECARS, 4381
North Dixie Hwy
Deerfield Beach, FL 33064
9.7. Entire Agreement. This Agreement is complete and
effective at the time you begin use of the web site. This Agreement constitutes
the entire agreement between the parties, and no other agreement, written or
oral, exists between you and MillsMotors. In the event that any inconsistencies
exist between this Agreement and any future published terms or understanding,
the last published Agreement or terms of use shall control.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY
MillsMotors.