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Your browser must have JavaScript, and Cookies enabled to fully utilize the site.
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The Terms of Use Agreement describes the terms and conditions applicable to your use of
our services at OttoMatics.com. By using this site, you agree to be bound
by these Terms of Use and to follow these Terms of Use and all applicable laws and regulations
governing the site. If you have any questions that our Terms of Use Agreement cannot
answer, please contact
.
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We may amend this Agreement at any time by posting the amended terms on our
site.
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Please read these Terms of Use carefully.
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1. Membership Eligibility.
Our services are available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing, our services
are not available to minors. If you do not qualify, please do not use our services.
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2. Fees and Services.
Joining OttoMatics is free. We may change our fees for our services
at any time. Our rates schedule may be viewed
here.
When you place a listing, you have an opportunity to review and accept the
fees that you will be charged for the use of our listing services. We may in
our sole discretion change some or all of our services at any time. In the event
we introduce a new service, the fees for that service are effective at the launch
of the service.
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3. OttoMatics is Only a Venue.
3.1 Overview.
Our site acts as the venue for sellers to list items (or, as
appropriate, solicit offers to buy) and buyers to contact sellers on items.
We are not involved in the actual transaction between buyers and sellers. As
a result, we have no control over the quality, safety or legality of the items
advertised, the truth or accuracy of the listings, the ability of sellers to
sell items or the ability of buyers to buy items. We cannot ensure that a buyer
or seller will actually complete a transaction.
3.2 Release.
Because we are not involved in the actual transaction between
buyers and sellers, in the event that you have a dispute with one or more users,
you release OttoMatics (and our officers, directors, agents, subsidiaries
and employees) from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes.
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4. Listing and Selling.
4.1 Listing Description.
Listings may only include text descriptions, graphics
and pictures you supply to our site (or that you link to from our site) that
describe your item for sale (or as appropriate, for which are soliciting offers
to buy). Items listed shall be in good taste. Any objectionable material found
in an ad, including illegal items for sale will result in the immediate disposal
of the ad, and expiration of membership to OttoMatics.com. The same
goes for anyone that includes offensive and/or objectionable material, spams,
includes advertisements, and/or links to other sites offering the same service
as OttoMatics.com. OttoMatics will decide what is appropriate.
There is no promise that your listing will be displayed. Please understand that this
is not a service selling equipment over the internet, but rather a way
to connect potential buyers and sellers. OttoMatics is not responsible
for the information and conditions listed in the classified ads. Please use
discretion and proper judgement when buying or selling your equipment. We strongly
urge you to review both seller and buyer, to ensure the quality of the merchandise
sold.
The following is a list of prohibited content that will not be accepted on
OttoMatics.com. It includes content that: Is patently offensive to the
online community, such as content that promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual; Is or could be harmful to
minors; Harasses or advocates harassment of another person; Involves the transmission
of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
Promotes information that you know is false, misleading, or promotes illegal
activities or conduct, is abusive, threatening, obscene, defamatory or libelous;
Is or promotes an illegal or unauthorized copy of another person's work, such
as providing pirated computer programs or links to them, provides information
to circumvent manufacture-installed copy-protect devices; providing pirated
content or links to pirated content files; Contains restricted or password only
access pages, or hidden pages or images (those not linked to or from another
accessible page); Displays pornographic material of any kind; Provides instructional
information about illegal activities such as making or buying illegal weapons;
violating someone's privacy; providing or creating computer viruses; Solicits
passwords, personal identifying information for commercial or unlawful purposes
from other users; engages in commercial activities and/or sales without OttoMatics.com's
prior written consent.
4.2 Fraud.
Without limiting any other remedies, OttoMatics may suspend
or terminate your account if you are found (by conviction, settlement, insurance
or escrow investigation, or otherwise) to have engaged in fraudulent activity
in connection with our site.
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5. Your Information.
"Your Information" is defined as any information you
provide to us in the registration, the listing process, or through e-mail. You
are solely responsible for Your Information, and we act as a passive conduit
for your online distribution and publication of Your Information. We may, however,
use and disclose general, statistical data that includes data about you and/or
your listings in order to provide better service to you and other users, among
other reasons. Your name and e-mail address will not be included in this general
information.
5.1 With respect to Your Information:
Your Information (or any items listed therein): (a) shall not be false,
inaccurate or misleading; (b) shall not be fraudulent or involve the sale of
illegal or stolen items; (c) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of publicity
or privacy; (d) shall not violate any law, statute, ordinance or regulation
(including without limitation those governing export control, consumer protection,
unfair competition, antidiscrimination or false advertising); (e) shall not
be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(g) shall not contain any viruses, or other computer programming routines that
are intended to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information; (h) shall not create
liability for us or cause us to lose (in whole or in part) the services of our
ISPs or other suppliers; and (i) shall not link directly or indirectly to or
include descriptions of goods or services that: (aa) are prohibited under this
Agreement; (bb). Furthermore, you may not list any item on our site (or consummate
any transaction that was initiated using our service) that, could cause us to
violate any applicable law, statute, ordinance or regulation.
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6. Breach.
Without limiting other remedies, we may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership and refuse to provide
our services to you:
(a) if you breach this Agreement or the documents it incorporates by reference;
(b) if we are unable to verify or authenticate any information you provide to
us; or (c) if we believe that your actions may cause legal liability for you,
our users or us.
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7. No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other legal rights which
vary from state to state.
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8. Indemnity.
You agree to indemnify and hold OttoMatics (and our officers, directors,
agents, subsidiaries and employees), harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
your breach of this Agreement or the documents it incorporates by reference,
or your violation of any law or the rights of a third party.
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9. Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our service and your listing, purchase, solicitation of
offers to purchase, and sale of items.
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10. No Agency.
You and OttoMatics.com are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchisor-franchisee relationship is intended
or created by this Agreement.
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11. User Responsibility.
You will be responsible for safeguarding the confidentiality of your user
name and password and preventing their disclosure or release to any third party.
If your user name or password is stolen or otherwise compromised, you will report
this situation immediately to OttoMatics at
.
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12. Changes.
We may change the Terms of Use agreement from time to time. When such a change
is made, we will post a revised version of the Terms of Use agreement on our web site.
Changes will be effective when they are posted. It is your responsibility to
review these Terms of Use from time to time in order to be aware of any such
changes. Your continued use of the service will indicate your agreement to any
such changes.
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13. OttoMatics does not promise that the site will be error-free,
uninterrupted, nor that it will provide specific results from use of the site
or any content, search or link on it. The site and it's content are delivered
on an "as-is" and "as-available" basis. OttoMatics.com can not ensure
that any files you may download from the site will be free of viruses or contamination
or destructive features. OttoMatics.com disclaims all warranties, express
or implied, including also any implied warranties of merchantability and fitness
for a particular purpose. OttoMatics.com will not be liable for any
damages of any kind arising from the use of this site, including without limitation,
direct, indirect, incidental, punitive and consequential damages.
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14. Privacy.
The privacy policy is a part of the terms of use agreement. Please read the privacy policy.
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15. Disclaimer.
The site disclaimer is a part of the terms of use agreement. Please read the site disclaimer.
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16. General.
This Agreement shall be governed in all respects by the laws of the State of
Florida as such laws are applied to agreements entered into and to be performed
entirely within Florida between Florida residents. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of our site may
be interfered with by numerous factors outside of our control. If any provision
of this Agreement is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or
extent of such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar
breaches. This Agreement sets forth the entire understanding and agreement between
us with respect to the subject matter hereof.
By using this site, you accept and agree to this Terms Of Use Agreement.
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17. Copyright.
The information contained in this site, including all images, illustrations,
designs and photographs not contributed as personal information or user content
are copyrights, trademarks and other intellectual property of OttoMatics.com.
OttoMatics.com and the OttoMatics.com logo are copyrighted by
OttoMatics.com. All brand names and product names used on OttoMatics.com
are trademarks or trade names of their respective holders.
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~ February 4, 2012 - 11:08 am EST
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