Introduction and Agreement.
This website (the "Site") is owned and operated by milesnprice.com, a
division of Nian Info Solutions, Pvt Ltd ("milesnprice.com"). These
Terms of Service apply to the national version of the Site, located at
www.milesnprice.com, as well as to any versions of the Site that
milesnprice.com co-brands with its newspaper and broadcast affiliates and other
distribution partners (collectively, "Affiliates"). You may have arrived
at a co-branded version of the Site from an Affiliate's website, in which case,
that Affiliate will be identified at the top of this page. 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. Click here to review
the Site's Privacy Statement.
milesnprice.com
Is an Advertising Service.
milesnprice.com operates the Site as an online advertising service for car
buyers, sellers and enthusiasts. milesnprice.com does not sell vehicles
directly and is never a party to any transaction between buyers and sellers. As
a result, milesnprice.com does not (a) guarantee or ensure any vehicle or any
transaction between a buyer and seller, (b) collect or process payment or
transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship
or deliver any vehicles.
Milesnprice.com
Content.
All information and content available on this Site (collectively, "Content")
is protected by copyright and other intellectual property laws. The Content is
owned by milesnprice.com, its Affiliates, and/or their respective licensors and
suppliers (collectively, "Licensors"). The Content is intended for
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 milesnprice.com
Associated Press ("AP") text, photos, graphics, audio and/or video
material shall not be published, broadcast, rewritten for broadcast or
publication, or redistributed directly or indirectly in any medium. Neither
these AP materials nor any portion thereof may be stored in a computer except
for personal and noncommercial use. AP will not be held liable in any way to
any User or to any third party or to any other person who may receive
information from the Site or to any other person whatsoever, for any delays,
inaccuracies, errors or omissions there from or in the transmission or delivery
of all or any part thereof or for any damages arising from any of the foregoing
or occasioned thereby.
Copyrights
and Copyright Agents.
It is the policy of milesnprice.com to respond to claims of intellectual
property infringement. milesnprice.com will promptly process and investigate
notices of alleged infringement and take appropriate actions under the Digital
Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA")
and other applicable intellectual property laws.
Trademarks.
You acknowledge that the Content includes certain trademarks and service marks
owned by milesnprice.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. The "milesnprice.com"
name and logo are trademarks of Nian Info Solutions, India Pvt Ltd. Other
product and company names herein may be trademarks of their respective owners.
Software.
Please note that all software programming, including without limitation all
HTML and other code contained in this Site (collectively, "Software"),
is owned by milesnprice.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.
Linking.
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
milesnprice.com. milesnprice.com reserves the right to reject or terminate any
links to the Content or the Site.
User
Materials.
By submitting ads, content, photos, data or other materials ("Materials")
to the Site, you hereby grant to milesnprice.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 milesnprice.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.
Interactive
Forums.
This Site may offer message boards, bulletin boards, chat rooms or other forums
(collectively, "Forums") to give Users 18 years of age and older an
interesting and stimulating forum in which they can express their opinions and
share their ideas. milesnprice.com and its Affiliates do not endorse the
accuracy or reliability of any advice, opinion, statement or information posted
on these Forums. Please use your best judgment, and be respectful of other
individuals using these Forums. By posting a message in the Forum, you agree to
abide by these Terms of Service. You may not use the Site's Forums to engage in
any Prohibited Activities (as defined below). Uploading copyrighted or other
proprietary Material of any kind on the Site without the express permission of
the owner of that Material is prohibited and may result in civil and/or
criminal liability.
Milesnprice.com
Rights.
Given the nature of the Site and the volume of messages and postings,
milesnprice.com cannot and does not monitor all of the Materials posted or
transmitted by you and other third-party information providers. Milesnprice.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 milesnprice.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.
Unsolicited
Materials.
Milesnprice.com does not accept unsolicited materials or ideas for use or
publication in its programming or in other digital, electronic or print media
except in connection with the Forums, chat rooms and bulletin boards on the
Site. Milesnprice.com and the Affiliates shall not be responsible for the
similarity of any of its content or programming in any media to Materials or
ideas transmitted to the Site.
Representations/Indemnity.
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 advertising laws or regulations, or cause injury to any
person. You agree to release, defend, indemnify and hold Milesnprice.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.
Prohibited
Activities.
The following is a partial list of the kinds of activities that are prohibited
on or through the Site: (a) submitting Material 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; (b) engaging in
activities or submitting Material that could be harmful to minors; (c) engaging
in activity or submitting Material that harasses or advocates harassment of
another person; (d) engaging in activity that involves the transmission of
"junk mail" or unsolicited mass mailing or "spam" to milesnprice.com Users or
others; (e) engaging in activity or submitting Material, or promoting
information, that is fraudulent, false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous; (f) submitting Material that contains restricted or password-only
access pages, or hidden pages or images; (g) submitting Material that displays
pornographic or sexually explicit material of any kind; (h) submitting Material
that provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses; (i) engaging in activities or submitting Materials
that solicit passwords or personally identifiable information for unlawful
purposes from other Users; (j) engaging in commercial activities and/or sales
without our prior written consent, such as contests, sweepstakes, barter,
advertising and pyramid schemes; (k) using the Site's lead forms and/or
toll-free numbers to advertise or promote products and services to
milesnprice.com advertisers; (l) using any robot, spider or other automatic
device, or a manual process, to monitor or copy web pages or the Content
contained in the Site or for any other unauthorized purpose without our prior
expressed written permission; (m) using any device, software or routine to
interfere or attempt to interfere with the proper working of the Site; (n)
decompiling, reverse engineering, disassembling or otherwise attempting to
obtain the source code for the Software; or (o) taking any action that imposes
an unreasonable or disproportionately large load on milesnprice.com's hardware
and software infrastructure (collectively, "Prohibited Activities").
Warranty
Disclaimer.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR
OWN RISK. MILESNPRICE.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 MILESNPRICE.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. MILESNPRICE.COM AND THE
AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY
ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE,
OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF
ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. MILESNPRICE.COM CANNOT
AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH
INFORMATION. MILESNPRICE.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO
CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE
SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES
REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE
VEHICLE. EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT YOURSELF TERMS AND
CONDITIONS, MILESNPRICE.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 FOR SALE. FOR PURPOSES OF THIS
WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states
do not allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you.
Limitation
of Liability.
MILESNPRICE.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
MILESNPRICE.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.
Termination
of Service.
You understand and agree that in milesnprice.com's sole discretion, and without
prior notice, your access to this Site may be terminated or suspended, and
milesnprice.com may exercise any other remedy available and remove any
Materials, if milesnprice.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 milesnprice.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 milesnprice.com for violations
of these Terms of Service, and you consent to injunctive or other equitable
relief for such violations without the requirement that milesnprice.com post a
bond. Milesnprice.com is not required to provide any refund to you if you are
terminated as an authorized User of the Site because, in milesnprice.com's sole
discretion, you have violated these Terms of Service.
Miscellaneous.
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. Milesnprice.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 Milesnprice.com or any
Affiliate. Milesnprice.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. Failure by milesnprice.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.