TERMS AND CONDITIONS
1. Acceptance of Terms
MatchMyRide.com provides a collection of online resources, including classified
ads of vehicles for sale by owner, discussion forums and various email
services, (referred to hereafter as "the Service") subject to the
following Terms of Use ("Terms"), which may be updated by
MatchMyRide.com from time to time. MatchMyRide.com will
provide notice of materially significant changes to the Term by posting notice
on the MatchMyRide.com site. By using the Service in any way, you are agreeing
to comply with these Terms. In addition, when using particular MatchMyRide.com
services, you agree to abide by any applicable posted guidelines for all
MatchMyRide.com services, which may change from time to time. Should you object
to any term or condition of these Terms, any guidelines, or any subsequent
modifications thereto or become dissatisfied with MatchMyRide.com in any way,
your only recourse is to immediately discontinue use of MatchMyRide.com.
2. Content
You understand that all postings, messages, text, files, images,
photos, video, sounds, or other materials ("Content") posted on,
transmitted through, or linked from the Service, are the sole responsibility of
the person from whom such Content originated. More specifically, you are
entirely responsible for all Content that you post, email or otherwise make
available via the Service. You understand that MatchMyRide.com does not
control, and is not responsible for Content made available through the Service,
and that by using the Service, you may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the
MatchMyRide.com site and Content available through the Service may contain
links to other websites, which are completely independent of MatchMyRide.com.
MatchMyRide.com makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such site.
Your linking to any other websites is at your own risk. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, that you
may not rely on said Content, and that under no circumstances will
MatchMyRide.com be liable in any way for any Content or for any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed or
otherwise made available via the Service. You acknowledge that MatchMyRide.com
does not pre-screen or approve Content, but that MatchMyRide.com shall have the
right (but not the obligation) in its sole discretion to refuse, delete or move
any Content that is available via the Service, for violating the letter or
spirit of the Terms or for any other reason.
3. Privacy and Information Disclosure
MatchMyRide.com has established a Privacy Policy to explain
to users how their information is collected and used, located at http://www.MatchMyRide.com/privacy_policy.asp. Your use of the MatchMyRide.com
website or the Service signifies acknowledgement of and agreement to our
Privacy Policy. You further acknowledge and agree that MatchMyRide.com may, in its
sole discretion, preserve or disclose your Content, as well as your
information, such as email addresses, IP addresses, timestamps, and other user
information, if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with legal
process; enforce these Terms; respond to claims that any Content violates the
rights of third-parties; respond to claims that contact information (e.g. phone
number, street address) of a third-party has been posted or transmitted without
their consent or as a form of harassment; protect the rights, property, or
personal safety of MatchMyRide.com, its
users or the general public.
4. No Spam Policy
You understand and agree that sending unsolicited email
advertisements to MatchMyRide.com email addresses or through MatchMyRide.com
computer systems, which is expressly prohibited by these Terms, will use or
cause to be used servers located in Texas or New Jersey. Any unauthorized
use of MatchMyRide.com computer systems is a violation of these Terms and
certain federal and state laws. Such
violations may subject the sender and his or her agents to civil and criminal
penalties.
5. Conduct
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive,
harassing, defamatory, pornographic, libelous, invasive of another’s privacy,
or harms minors in any way;
- that harasses, degrades, intimidates or is hateful toward
an individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but
not limited to, a MatchMyRide.com employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity;
- that includes personal or identifying information about
another person without that person’s explicit consent.
- that is false, deceptive, misleading, deceitful,
misinformative, or constitutes “bait and switch”;
- that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party, or Content that you do not
have a right to make available under any law or under contractual or fiduciary
relationships.
- that constitutes or contains “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or unsolicited commercial email..
- that constitutes or contains any form of advertising or
solicitation if (1) posted in areas of the MatchMyRide.com sites which are not
designated for such purposes; or (2) emailed to MatchMyRide.com users who have
requested not to be contacted about other services, products or commercial
interests.
- that includes links to commercial services or web sites,
except as allowed in “small business ads”.
- that advertises any illegal services or the sale of any
items the sale of which is prohibited or restricted by applicable law
- 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;
- that disrupts the normal flow of dialogue with an
excessive number of messages (flooding attack) to the Service, or that
otherwise negatively affects other users’ ability to use the Service; or
- that employs misleading email
addresses, or forged headers or otherwise manipulated identifiers in order
to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- “stalk” or otherwise harrass anyone;
- collect personal data about other users for commercial or
unlawful purposes;
- use automated means, including spiders, robots, crawlers,
data mining tools, or the like to download data from the Service - exception
is made for internet search engines (e.g. Google) and non-commercial public
archives (e.g. archive.org) that comply with our robots.txt file;
- attempt to gain unauthorized
access to MatchMyRide.com’s computer systems or engage in any activity
that disrupts, diminishes the quality of, interferes with the performance
of, or impairs the functionality of, the Service or the MatchMyRide.com
website.
6. Notification of Claims of Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please notify MatchMyRide.com's agent for notice of
claims of copyright or other intellectual property infringement
("Agent"), at copyright@MatchMyRide.com.
Please provide our Agent with the following Notice:
1. Identify the
copyrighted work or other intellectual property that you claim has been
infringed;
2. Identify the
material on the MatchMyRide.com site that you claim is infringing, with enough
detail so that we may locate it on the website;
3. A statement by
you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
4. A statement by
you declaring under penalty of perjury that (a) the above information in your
Notice is accurate, and (b) that you are the owner of the copyright interest
involved or that you are authorized to act on behalf of that owner;
5. Your address,
telephone number, and email address; and
6. Your physical or
electronic signature.
MatchMyRide.com will remove the infringing posting(s), and
will forward this information to the alleged infringer.
7. Limitations on service
You acknowledge that MatchMyRide.com may establish limits
concerning use of the Service, including the maximum number of days that
Content will be retained by the Service, the maximum number and size of
postings, email messages, or other Content that may be transmitted or stored by
the Service, and the frequency with which you may access the Service. You agree
that MatchMyRide.com has no responsibility or liability for the deletion or
failure to store any Content maintained or transmitted by the Service. You
acknowledge that MatchMyRide.com reserves the right at any time to modify or discontinue
the Service (or any part thereof) with or without notice, and that MatchMyRide.com
shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
8. Termination of service
You agree that MatchMyRide.com, in its sole discretion, has
the right (but not the obligation) to delete or deactivate your account, block
your email or IP address, or otherwise terminate your access to or use of the
Service (or any part thereof), immediately and without notice, and remove and
discard any Content within the Service, for any reason, including, without
limitation, if MatchMyRide.com believes that you have acted inconsistently with
the letter or spirit of the Terms. Further, you agree that MatchMyRide.com
shall not be liable to you or any third-party for any termination of your
access to the Service. Further, you agree not to attempt to use the Service
after said termination.
9. Dealings with organizations and individuals
Your interactions with organizations and/or individuals
found on or through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such organizations
and/or individuals. You agree that MatchMyRide.com shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this site, or between
users and any third party, you understand and agree that MatchMyRide.com is
under no obligation to become involved. In the event that you have a dispute
with one or more other users, you hereby release MatchMyRide.com, its officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and / or our service. If you are a California
resident, you waive California Civil Code Section 1542, which says: "A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which, if
known by him must have materially affected his settlement with the
debtor."
10. Proprietary rights
The Service is protected to the maximum extent permitted by
copyright laws and international treaties. Content displayed on or through the
Service is protected by copyright as a collective work and/or compilation,
pursuant to copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the Sites
or the collective work is prohibited. Copying or reproducing the sites or any
portion thereof to any other server or location for further reproduction or redistribution
is prohibited. You further agree not to reproduce, duplicate or copy Content
from the Service, and agree to abide by any and all copyright notices displayed
on the Service. You may not decompile or disassemble, reverse engineer or
otherwise attempt to discover any source code contained in the Service. Without
limiting the foregoing, you agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any aspect of the Service.
Although MatchMyRide.com does not claim ownership of content
that its users post, by posting Content to any public area of the Service, you
automatically grant, and you represent and warrant that you have the right to
grant, to MatchMyRide.com an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, and distribute said Content
and to prepare derivative works of, or incorporate into other works, said
Content, and to grant and authorize sublicenses (through multiple tiers) of the
foregoing.
11. Disclaimer of Warranties
YOU AGREE THAT USE OF THE MATCHMYRIDE.COM SITE AND THE
SERVICE IS ENTIRELY AT YOUR OWN RISK. THE MATCHMYRIDE.COM SITE AND THE SERVICE
ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT
ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO
THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
MATCHMYRIDE.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MATCHMYRIDE.COM SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MATCHMYRIDE.COM DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
MATCHMYRIDE.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE MATCHMYRIDE.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW,
MATCHMYRIDE.COM DISCLAIMS AN WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS
IN CONNECTION WITH THE MATCHMYRIDE.COM SITE OR THE SERVICE. Some jurisdictions
do not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to implied
warranties.
12. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL MATCHMYRIDE.COM BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MATCHMYRIDE.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE
MATCHMYRIDE.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF THE MATCHMYRIDE.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE
MATCHMYRIDE.COM SITE OR THE SERVICE, OR
THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION
OF THE MATCHMYRIDE.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY
WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MATCHMYRIDE.COM SITE OR
THE SERVICE OR ANY LINKS ON THE MATCHMYRIDE.COM SITE, AS WELL AS BY REASON OF
ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
MATCHMYRIDE.COM SITE OR THE SERVICE OR ANY LINKS ON THE MATCHMYRIDE.COM SITE.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some
jurisdiction, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you.
13. Indemnity
You agree to indemnify and hold MatchMyRide.com, its
officers, subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from any claim or
demand, including reasonable attorney fees and court costs, made by any third
party due to or arising out of Content you submit, post or make available
through the Service, your use of the Service, your violation of the Terms, your
breach of any of the representations and warranties herein, or your violation
of any rights of another.
14. General information
The Terms constitute the entire agreement between you and
MatchMyRide.com and govern your use of the Service, superceding any prior
agreements between you and MatchMyRide.com. The Terms and the relationship
between you and MatchMyRide.com shall be governed by the laws of the State of New Jersey without regard to its conflict of law
provisions. You and MatchMyRide.com agree to submit to the personal and
exclusive jurisdiction of the courts located within the
county of Essex County, New Jersey. The failure of MatchMyRide.com to exercise or
enforce any right or provision of the Terms shall not constitute a waiver of
such right or provision. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms remain in full force and
effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service or the
Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
15. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the
posting(s) for review, or by emailing to abuse@MatchMyRide.com. 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.
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