Terms of Use

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

If you are under the age of 18 you may use this website only after obtaining permission from a parent or legal guardian. If you are under the age of 18 and do not have permission from a parent or legal guardian to use this website, you must not use this website.

This website uses cookies and various third party services that use cookies. By using this website and agreeing to these terms and conditions, you consent to CarMountain.com's use of cookies in accordance with the terms of CarMountain.com's privacy policy.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

License to use website

Unless otherwise stated, Clay Street Online LLC and/or its licensors own the intellectual property rights in the website and material on the website.

Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public for a commercial purpose;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website;

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent from Clay Street Online LLC.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without express written consent from Clay Street Online LLC.

Explicit permission is granted to the following search engines to crawl and index non-restricted, publicly accessible web pages on CarMountain.com in accordance with all limitations provided in the robots.txt file:

  • Google
  • bing
  • Yahoo! Search
  • ask.com
  • Aol Search
  • MyWebSearch.com
  • blekko.com
  • Lycos
  • Dogpile
  • WebCrawler.com
  • info.com
  • infospace.com
  • search.com
  • excite.com
  • GoodSearch.com

Permission is granted to all search engines not explicitly mentioned above to crawl and index non-restricted, publicly accessible web pages on CarMountain.com in accordance with all limitations provided in the robots.txt file and contingent upon doing so in a manner that will not cause, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way use content obtained from the website in a manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, or that in any way competes with CarMountain.com.

Restricted access

Access to certain areas of this website is restricted. Clay Street Online LLC reserves the right to restrict access to other areas of this website, or indeed this entire website, at their discretion.

If you create an account on CarMountain.com to enable you to access restricted areas of this website, your user content, or other content or services, you must ensure that your login name and password are kept confidential.

CarMountain.com utilizes email addresses as login names; you may not create an account on CarMountain.com with another person's email address or any email address for which you are not the rightful user.

You may create at most two user accounts on CarMountain.com.

You must not access, edit, or otherwise modify any other user's content or private site data even if their login name and password become known to you or you are otherwise able to gain access to their user content.

Clay Street Online LLC may disable or delete your user account, your user content, private site data, or any other data related to your use of the site at their sole discretion without notice or explanation.

User content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material, audio-visual material, selections made on web forms, sliders, or any other data input) that you submit to this website, for whatever purpose.

You grant to Clay Street Online LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Clay Street Online LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Clay Street Online LLC or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Clay Street Online LLC reserves the right to edit or remove any material submitted to this website, or stored on CarMountain.com's servers, or hosted or published upon this website.

Notwithstanding the rights of Clay Street Online LLC under these terms and conditions in relation to user content, Clay Street Online LLC does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Posting Ads on the Site

CarMountain.com allows sellers of an item or service to post ads on the site for the primary purpose of attracting prospective buyers. By posting ads on the site users understand and agree to the following:

  • Clay Street Online LLC does not guarantee a sale or any level of ad exposure.
  • Clay Street Online LLC reserves the right to remove any ad or photograph from the site at their sole discretion without notice or explanation.
  • Clay Street Online LLC reserves the right to edit or otherwise modify any ad or photograph on the site at their sole discretion without notice or explanation.
  • Most ad categories require a fee to post an ad in the category. This ad fee is non-refundable even if the ad is deemed inappropriate for the site and never made publicly accessible on the site.
  • Clay Street Online LLC reserves the right to refund an ad fee at its sole discretion without notice and for any reason.
  • Clay Street Online LLC reserves the right to deny renewal of any ad at its sole discretion without notice and for any reason.

Anonymous Communication System

CarMountain.com provides an "Anonymous Messaging System" designed to allow buyers and sellers to communicate anonymously and interchangeably via email, text message, and/or the CarMountain.com website. By using the "Anonymous Messaging System", users understand and agree to the following:

  • CarMountain.com does not control, monitor, filter, or otherwise modify the content of the anonymous communication messages. All message content is strictly provided by independent buyers and sellers.
  • CarMountain.com does not endorse, certify, or make any recommendations concerning the integrity, honesty, or intentions of any buyer or seller. CarMountain.com acts merely as a technical platform to facilitate communication between two independent parties.
  • CarMountain.com does not guarantee that anonymity can be preserved under all conditions.
  • CarMountain.com does not guarantee that closing a communication thread will prevent further communication from the individual on the other end of the thread.
  • CarMountain.com makes no guarantees about the availability of the anonymous messaging system. The anonymous messaging system may be partially or completely non-functional frequently and for long periods of time.
  • CarMountain.com reserves the right to block any email address, domain, IP address, or user from accessing the anonymous messaging system without notice and for any reason.
  • CarMountain.com reserves the right to close any communication thread (aka conversation) at its sole discretion without notice and for any reason.
  • Users have read and agree to follow the Safety Guidelines for use of the anonymous communication system.

CarMountain.com provides a feature called the "Anonymous Phone Call System" which is designed to allow sellers to receive phone calls from prospective buyers without publicly posting the seller's real phone number. Sellers also have the ability to return buyer phone calls. By using the "Anonymous Phone Call System", users understand and agree to the following:

  • CarMountain.com does not endorse, certify, or make any recommendations concerning the integrity, honesty, or intentions of any buyer or seller. CarMountain.com acts merely as a technical platform to facilitate communication between two independent parties.
  • CarMountain.com does not guarantee that anonymity can be preserved under all conditions.
  • CarMountain.com incurs costs associated with the anonymous phone call system and tracks the amount of time used. Time tracking begins when a buyer calls the CarMountain.com anonymous phone number and NOT when one party is transferred to another party. Phone call time is rounded up to the nearest minute.
  • CarMountain.com reserves the right to change its phone call accounting methods at any time without notice and for any reason.
  • CarMountain.com reserves the right to increase or decrease a user's available anonymous phone call time without notice and for any reason.
  • CarMountain.com reserves the right to change it's anonymous phone call pricing at any time without notice and for any reason. A pricing change may lead to a decrease in a user's available anonymous phone call time.
  • CarMountain.com makes no guarantees about the availability of the anonymous phone call system. The anonymous phone call system may be partially or completely non-functional frequently and for long periods of time.
  • Anonymous phone call minutes have no cash value and can not be refunded, cashed-in, or exchanged for other services.
  • CarMountain.com reserves the right to block any phone number or user from accessing the anonymous phone call system without notice and for any reason.
  • CarMountain.com reserves the right to record any phone conversation made through the "Anonymous Phone Call System" without notice and for any reason.
  • CarMountain.com reserves the right to close any communication thread (aka conversation) at its sole discretion without notice and for any reason.
  • Users have read and agree to follow the Safety Guidelines for use of the anonymous communication system.

Security and Accountability Photos

A primary purpose of the CarMountain.com website is to help connect sellers of an item or service with prospective buyers. The end result of this process is quite often in-person meetings where buyers and sellers meet to inspect the item being offered and/or to conduct a sale transaction. Photos taken at these in-person meetings are referred to as "Security and Accountability Photos". "Security and Accountability Photos" serve two primary purposes:

  • Document the condition of the item at the time of sale.
  • Provide buyer and seller accountability.

By using this website and upon agreeing to terms of a sale, buyers consent to the following:

  • Buyers agree to allow sellers to take a high quality photo of the buyer with the item being purchased.
  • Buyers agree to seek seller permission before taking any photos of the seller.
  • Buyers agree they will not email, tweet, instagram, post on social sites, or otherwise make publicly accessible any photos taken of sellers at in-person meetings except for uploading or emailing as "security and accountability photos" to CarMountain.com.
  • Buyers agree they will not show or share any photos taken of sellers at in-person meetings with any other individual or entity except CarMountain.com, Clay Street Online LLC and its employees, contractors, and authorized representatives, and legal representatives of the buyer and seller.

By using this website and upon agreeing to terms of a sale, sellers consent to the following:

  • Sellers agree to allow buyers to take a high quality photo of the seller with the item being sold.
  • Sellers agree to seek buyer permission before taking any photos of the buyer.
  • Sellers agree they will not email, tweet, instagram, post on social sites, or otherwise make publicly accessible any photos taken of buyers at in-person meetings except for uploading or emailing as "security and accountability photos" to CarMountain.com.
  • Sellers agree they will not show or share any photos taken of buyers at in-person meetings with any other individual or entity except CarMountain.com, Clay Street Online LLC and its employees, contractors, and authorized representatives, and legal representatives of the buyer and seller.

By using this website and upon agreeing to terms of a sale, buyers and sellers consent to the following:

  • Buyers and sellers may freely take photos of the item being sold/purchased.
  • Buyers and sellers have read and agree to follow the Safety Guidelines for in-person meetings.

No warranties

This website is provided "as is" without any representations or warranties, express or implied. Clay Street Online LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Clay Street Online LLC does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.

Limitations of liability

Clay Street Online LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  • to the extent that the website is provided free-of-charge, for any direct loss;

These limitations of liability apply even if Clay Street Online LLC has been expressly advised of the potential loss.

All monetary payments made to CarMountain.com are voluntary in nature, non-refundable, and in no way affect the limitations of liability.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Clay Street Online LLC liability in respect of any:

  • death or personal injury caused by the negligence of Clay Street Online LLC;
  • fraud or fraudulent misrepresentation on the part of Clay Street Online LLC; or
  • matter which it would be illegal or unlawful for Clay Street Online LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do agree that the exclusions and limitations are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Clay Street Online LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Clay Street Online LLC or its officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Clay Street Online LLC, its officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Clay Street Online LLC and undertake to keep Clay Street Online LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Clay Street Online LLC to a third party in settlement of a claim or dispute on the advice of Clay Street Online LLC's legal advisers) incurred or suffered by Clay Street Online LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to other rights of Clay Street Online LLC under these terms and conditions, if you breach these terms and conditions in any way, Clay Street Online LLC may take such action as they deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Clay Street Online LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Clay Street Online LLC may transfer, sub-contract or otherwise deal with their rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the privacy policy, constitute the entire agreement between you and Clay Street Online LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

Clay Street Online LLC is a limited liability company registered in the State of Florida.

These terms and conditions will be governed by and construed in accordance with the State of Florida, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of Florida.

Post Your Ad