General Terms and Conditions of Use
The Auto Shopper is a vehicle listing and information
service provided by Showcase Publications, Inc.
This site helps bring together buyers and sellers
of new and used vehicles and accessories. The Auto Shopper
is owned and operated by Showcase Publications,
Inc. Your use of this site is expressly conditioned
on your acceptance of the following terms and conditions.
By using this site, you signify your assent to these
terms and conditions. If you do not agree with any
part of the following terms and conditions, you
must not use this site. Showcase Publications, Inc.
may modify this Agreement at any time, and such
modification shall be effective immediately upon
posting of the modified Agreement. By continuing
to use this website you agree that Showcase Publications,
Inc. has the right to change, restrict access to,
suspend, or discontinue this website, or any portion
of this website, at any time. Return
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Use of This Site
You understand and agree that the content on this
site is for informational purposes only. Despite
our best efforts, it is inevitable that some inaccuracies
may occasionally be present. Neither Showcase
Publications, Inc. nor our advertisers are responsible
for typographical errors, mistakes, or misprints,
including but not limited to, pricing errors,
individual vehicle disclaimers, finance options,
or an incorrect statement of features and/or accessories
of a particular vehicle. To the extent permitted
by applicable law. Always consult with the seller
(dealer or private) over such terms, including
price, dealer fees, tax, tag, title, etc. before
making your final purchasing decision. We also
recommend that you call the seller (dealer or
private) before visiting the lot/vehicle to insure
the price is correct and the vehicle is still
available for purchase. Showcase Publications,
Inc. is not responsible for, and does not guarantee
the performance or condition of any such goods
or services.
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Selling
When listing A vehicle for sale, the seller (private
or dealer), agrees that all advertising, including
but not limited to, photographs, type, and logos
are the property of Showcase Publications, Inc.,
and not that of the seller. As the seller, you
do not have the right to reproduce the ad or photo
in any other place, publication, or website without
written permission of Showcase Publications, Inc.
Seller agrees to execute any document(s) required
by Showcase Publications, Inc., to transfer said
property rights to Showcase Publications, Inc.
The seller shall not receive any additional consideration
for this assignment other than contained in this
agreement.
As the seller, you agree to treat any prospective
buyer in a fair and honorable manner. Responsibility
for the information contained in each listing
lies with each seller. You alone are responsible
for all material you post and for the content
of all email messages transmitted through this
or any other website owned and operated by Showcase
Publications, Inc. You may not use or sell any
information provided by a prospective buyer for
any purpose other than to contact the buyer or
close a transaction, including but not limited
to, customer name, address, phone number, mailing
address, email address, or social security number.
When listing your vehicle with Showcase Publications,
Inc., you must be prepared to sell that vehicle
for the listed price at which, and the terms on
which, you've listed it. You must have possession
of the actual vehicle listed at the time of sale,
and you must be legally able to transfer the ownership
(title) at said time.
By using this website you agree not to post or
transmit any defamatory, abusive, obscene, threatening,
misleading, or illegal material, or any other
material that infringes on the rights of others
to use this site. Showcase Publications, Inc.
has the right (but assume no obligation) to limit
access to, suspend, terminate, edit, move, or
monitor any listings or other postings that we
consider unacceptable or inappropriate, weather
for legal or other reasons.
This website is provided for informational purposes
only. Despite our best efforts, it is inevitable
that some inaccuracies may occasionally be present.
Showcase Publications, Inc. is not responsible
for typographical errors, mistakes, or misprints,
including but to limited to, pricing errors, individual
vehicle disclaimers, finance options, or an incorrect
statement of features and/or accessories of a
particular vehicle. To the extent permitted by
applicable law.
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Trademarks, Copyrights and Restrictions
This website is owned and operated by Showcase
Publications, Inc., 1212 East Main Street, Lakeland,
FL. 33801. All content on this website, including,
but not limited to text, images, illustrations,
audio clips, and video clips, is protected by
copyrights, trademarks, service marks, and/or
other intellectual property rights (which are
governed by U.S. and worldwide copyright laws
and treaty provisions, privacy and publicity laws,
and communication regulations and statutes), and
are owned and controlled by Showcase Publications,
Inc. or its advertisers, or by third party content
providers, merchants, sponsors and licensors (collectively
“Providers”) that have licensed their
content or the right to market their products
and/or services to Showcase Publications, Inc.
Content on this website or any website owned,
operated, licensed or controlled by Showcase Publications,
Inc., advertisers, or our Providers is solely
for your personal, non-commercial use. You may
print a copy of the content and/or information
contained herein for your personal, non-commercial
use only, but you may not copy, reproduce, republish,
upload, post, transmit, distribute, and/or exploit
the content or information in any way (including
by e-mail or other electronic means) for commercial
use without the prior written consent of Showcase
Publications, Inc., advertisers, or the Providers.
No spamming or data scrapping is allowed on this,
or any other website owned or operated by Showcase
Publications, Inc., our advertisers, or Providers.
We want potential buyers visiting the Auto Shopper website
to feel free to share their email addresses with
those listing vehicles for sale on our site. By
listing a vehicle for sale on this site, you agree
to use the email addresses of those responding
to your listing only for purposes of communicating
with them about the potential sale of that vehicle.
By using this website, you agree not to use information
concerning other users of the Auto Shopper website, or the
vehicles they've listed or searched for on this
website (including listing information, user names,
email addresses, telephone numbers, and/or other
information), for any purpose other than to explore
the potential purchase or sale of a listed vehicle.
You may request consent by faxing a request to
Showcase Publications, Inc. at (863)682-5098.
Without the prior written consent of Showcase
Publications, Inc., advertisers, or the Providers,
your modification of the content, use of the content
on any other website or networked computer environment,
or use of the content for any purpose other than
personal, non-commercial use, violates the rights
of the owners of the Auto Shopper website and/or
the advertisers and Providers copyrights, trademarks
or service marks and other proprietary rights,
and is prohibited. As a condition to your use
of this website, you warrant to Showcase Publications,
Inc. that you will not use our website for any
purpose that is unlawful or prohibited by these
Terms, including without limitation the posting
or transmitting any threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic,
or profane material. If you violate any of these
Terms, your permission to use our website immediately
terminates without the necessity of any notice.
Showcase Publications, Inc. retains the right
to deny access to anyone at its discretion for
any reason, including for violation of these Terms.
You may not use on your website any trademarks,
service marks or copyrighted materials appearing
on this website, including but not limited to
any logos or characters, without the express written
consent of the owner of the mark or copyright.
You may not frame or otherwise incorporate into
another website any of the content or other materials
on this website without prior written consent
of Showcase Publications, Inc.
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Indemnification
You agree to indemnify, defend, and hold harmless
Showcase Publications, Inc., and/or our advertisers
and Providers, its and their officers, directors,
employees, affiliates, agents, licensors, and
suppliers from and against all losses, expenses,
damages and costs, including reasonable attorneys'
fees, resulting from any violation by you of these
Terms.
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Warranties and Limitation of Liability
You understand that Showcase Publications, Inc.,
and/or our advertisers and Providers cannot and
does not guarantee or warrant that files available
for downloading through the Site, including but
not limited to, text, images, illustrations, audio
clips, and video clips, will be free of infection
or viruses, worms, Trojan horses, or other code
that manifest contaminating or destructive ties.You
assume total responsibility and risk for your
use of the Site and the Internet. Showcase Publications,
Inc., and/or our advertisers and Providers does
not make any express or implied warranties, representations,
or endorsements whatsoever (including, without
limitation, warranties of title or non infringement,
or the implied warranties of merchantability,
or fitness for a particular purpose) with regard
to the Site, any merchandise, information, or
service provided through the Site or on the Internet
generally, and Showcase Publications, Inc., and/or
our advertisers and Providers shall not be liable
for any cost or damage arising either directly
or indirectly from any such transaction. Showcase
Publications, Inc., and/or our advertisers and
Providers does not warrant that the Site will
be uninterrupted or error-free or that defects
in the Site will be corrected. The Site and the
software are provided on an "as is, as a
available" basis.
Showcase Publications, Inc., and/or our advertisers
and Providers shall not be liable for any indirect,
special, consequential, incidental, or punitive
damages, including, without limitation, lost profits
or revenues, costs of replacement of goods, loss
or damage to data arising out of the use of or
inability to use the site, even if Showcase Publications,
Inc., and/or our advertisers and Providers or
its authorized representatives have been advised
of the possibility of such damage, or any claim
attributable to errors, omissions, or other inaccuracies
in the Site and/or materials or information downloaded
through the Site. Some states do not allow limitations
on how long an implied warranty lasts or exclusion
or limitations on relief such as incidental or
consequential damages, so the above limitation
may not apply to you.
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Privacy
You have read the Showcase Publications, Inc.
Privacy Policy,
and agree that the terms of such policy are reasonable.
You consent to the use of your personal information
by Showcase Publications, Inc. in accordance with
the terms of and for the purposes set forth in
the Showcase Publications, Inc. Privacy
Policy.
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Links to Third Party Websites
While using this website, you may choose to link
to third party websites that are not affiliated
with the Auto Shopper. Showcase Publications, Inc.
is not responsible for the contents of these third
party websites, or any subsequent links, and has
no control over the contents therein. For this
reason, we do not represent or warrant that the
contents of any third party website is accurate,
compliant with state or federal law, or compliant
with copyright or other intellectual property
laws. All opinions expressed on third party websites
are not necessarily those of Showcase Publications,
Inc., and Showcase Publications, Inc. does not
endorse the contents of these third party websites
in any way. Also, Showcase Publications, Inc.
is not responsible for webcasting or any other
form of transmission received from any linked
website. Any reliance on the contents of a third
party website is done at your own risk and you
assume all responsibilities and consequences resulting
from such reliance.
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Minors
In compliance with the Children's Online Privacy
Protection Act, Showcase Publications, Inc. does
not knowingly or intentionally solicit or collect
information from minors, and our marketing is
not directed to minors. If we determine that a
user is under eighteen (18) years of age and has
submitted information by way of our website, we
will immediately delete such information.
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Termination Agreement
In the event you violate or attempt to violate
any part of this Website Agreement, Showcase Publications,
Inc. reserves the right to terminate your access
to this website immediately, at our sole discretion,
with or without notice of any kind. We also reserve
the right to involve and cooperate with law enforcement
agencies, and to pursue a civil lawsuit or criminal
prosecution for any and all alleged or actual
illegal activities involving this website. In
addition, you agree to indemnify, defend, and
hold harmless Showcase Publications, Inc. from
and against any and all claims, proceedings, damages,
injuries, losses, costs, and expenses (including
reasonable attorneys' fees), relating to your
use of this website that leads to any claim against
us by a third-party, regardless of the nature
of the cause of action or claim.
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Reservation of Rights
Any and all rights not expressly granted to you
in this Legal Notice are hereby reserved by Showcase
Publications, Inc.
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Severability and Integration
In the event any part of this Website Agreement
is found to be unenforceable, the remainder shall
continue in full force and effect. You understand
and agree that this Website Agreement represents
the entire agreement governing your use of this
website.
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Governing Law
This Agreement and its performance shall be governed
by the laws of the State of Florida United States
of America, without regard to its conflict of
laws provisions. You consent and submit to the
exclusive jurisdiction of the state and federal
courts located in Polk County, the State of Florida,
United States of America, in all questions and
controversies arising out of your use of this
site and this Agreement. To the extent allowed
by applicable law, any claim or cause of action
arising from or relating to your access or use
of this site must be brought within one (1) year
from the date on which such claim or action arose
or accrued.
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Attorney's Fees
If Showcase Publications, Inc. takes any action
to enforce this User Agreement, such parties will
be entitled to recover from you, and you agree
to pay, all reasonable and necessary attorney's
fees and any cost of litigation, in addition to
any other relief, at law or in equity, to which
such parties may be entitled.
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