TERMS OF USE AGREEMENT

 

These Terms of Service apply to all versions of the website www.HotBuysThisWeek.com, including State, Provincial, National or International located at, as well as to any versions of the site it may have co-branded with its magazine, newspaper and broadcast affiliates and other distribution partners (collectively, "Affiliates"). By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Service.

 

HotBuysThisWeek.com makes every effort to present information that is accurate. However, it is based on data provided by manufacturers, Dealers, Realtor, Merchants and third party third services and/or other sources and therefore exact offers, configuration, color, specifications, inclusions and accessories should be used as a guide only and are not guaranteed. Under no circumstances will HotBuysThisWeek.com be liable for any inaccuracies, claims or losses of any nature. Furthermore, inventory is subject to prior sale and prices are subject to change without notice, cannot be combined with any other offer(s), typically and unless specified do not include taxes, registration fees, finance and/or documentation charges. To ensure your complete satisfaction, please verify accuracy prior to purchase with any vendor advertising on this website.

 

HotBuysThisWeek.com operates the website as an online advertising, research and database service for vehicle, real estate and merchant buyers, sellers and enthusiasts. HotBuysThisWeek.com does not directly sell vehicles, real estate, products or services other than their own advertising and is never a party to any transaction between buyers and sellers. As a result, HotBuysThisWeek.com does not (a) guarantee or ensure any vehicle, real estate, product or service or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, seller's agents or (c) warehouse, store, ship or deliver any purchased vehicles or the transfer any property.

 

All information and content available on this Site (collectively, "Content") is protected by copyright and other intellectual property laws. The Content is owned by HotBuysThisWeek.com, its Affiliates, and/or their respective licensors and suppliers (collectively, "Licensors"). The Content is intended for consumer personal and noncommercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of HotBuysThisWeek.com.

 

You acknowledge that the Content on this Site includes certain trademarks and service marks owned by HotBuysThisWeek.com , Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by HotBuysThisWeek.com and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

 

These Terms of Service apply to all versions of the website www.HotBuysThisWeek.com, including State, Provincial, National or International located at, as well as to any versions of the site it may have co-branded with its magazine, newspaper and broadcast affiliates and other distribution partners (collectively, "Affiliates"). By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Service.

 

If you operate a website and wish to link to the Site, you must link to the Site's home page unless permission otherwise has been granted in writing by HotBuysThisWeek.com whom reserves the right to reject or terminate any links to the Content or the Site. By submitting ads, content, photos, data or other materials ("Materials") to the Site, you hereby grant to HotBuysThisWeek.com and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sub-licensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to HotBuysThisWeek.com and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.

 

Given the nature of the Site and the volume of messages and postings, HotBuysThisWeek.com cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. HotBuysThisWeek.com reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that HotBuysThisWeek.com (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.

 

You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile or real estate advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold , HotBuysThisWeek.com its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.

 

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. HOTBUYSTHISWEEK.COM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND HOTBUYSTHISWEEK.COM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES.

HOTBUYSTHISWEEK.COM AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE, REAL ESTATE, PRODUCT AND SERVICE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF SUCH, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A THE LISTING ADVERTISED ON THE SITE. HOTBUYSTHISWEEK.COM CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION AND RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES AND PROPERITES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A LISTING MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE, EXCEPT AS EXPRESSLY SET FORTH IN THE SELLERS TERMS AND CONDITIONS, HOTBUYSTHISWEEK.COM DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE OR REAL ESTATE FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU.

 

HOTBUYSTHISWEEK.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF HOTBUYSTHISWEEK.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.

 

You understand and agree that in HotBuysThisWeek.com's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and HotBuysThisWeek.com may exercise any other remedy available and remove any Materials, if HotBuysThisWeek.com believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of HotBuysThisWeek.com, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to HotBuysThisWeek.com for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that HotBuysThisWeek.com post a bond. HotBuysThisWeek.com is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in HotBuysThisWeek.com's sole discretion, you have violated these Terms of Service.

 

These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. HotBuysThisWeek.com may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Site includes links to other websites not established or supervised by HotBuysThisWeek.com or any Affiliate. HotBuysThisWeek.com and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of Nevada without regard to its conflicts of law provisions.

 

As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. As a condition of advertisers on this website you have granted non-exclusive right of ownership of your ad content to HotBuysThisweek.com and further acknowledge and agree to the reposting of any or all of your advertising information and images. Failure by HotBuysThisWeek.com to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties..

 

 
Dealer Ken Garff
Dealer Ken Garff