Welcome to ‘Cherry Road Auto Sales’. ‘Cherry Road Auto Sales’ provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: Terms Of Service. In addition, when using particular ‘Cherry Road Auto Sales’ owned or operated services, your usage of our site and services shall be subject to any posted guidelines or rules applicable to such services which may be posted and or updated from time to time at our discretion.
Failure on the part of the visitor to our site or the user of our services to not read or properly understand the TOS here shall in no way absolve them of their responsibility to act in compliance with the TOS stated here. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. ‘Cherry Road Auto Sales’ may also offer other services that are governed by different Terms of Service agreements.
2) Description of Service
‘Cherry Road Auto Sales’ provides users with access to a variety of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through various mediums or devices now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for ‘Cherry Road Auto Sales’ to provide the Service. You also understand and agree that the Service may include certain communications from ‘Cherry Road Auto Sales’, such as service announcements, administrative messages, and that these communications are considered part of ‘Cherry Road Auto Sales’ membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ‘Cherry Road Auto Sales’ properties, shall be subject to the TOS.
You understand and agree that the Service is provided “AS-IS” and that ‘Cherry Road Auto Sales’ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3) Submission of Personal Information
4) Right to Refuse Service
‘Cherry Road Auto Sales’ is a privately operated service and reserves the right to refuse service to anyone at anytime at its sole discretion. This denial of service to users may include but not necessarily be limited to IP address blocking, cookie tracking methods, and the use of subscription fees to access the system. Any information, photos, or data submitted to ‘Cherry Road Auto Sales’ for the purpose of being displayed within the ‘Cherry Road Auto Sales’ system or any of its affiliates is subject to the approval of ‘Cherry Road Auto Sales’. Any information, photos, or data submitted to us that is not deemed appropriate by us for whatever reason may be removed from our system at anytime without prior notice or warning of any kind to the submitter of said information. Any information, photos, or data that has been submitted to us in conjunction with a paid for service or promotion that we offer is also subject to the same rules of appropriateness.
We also reserve the right to refuse service for any reason to anyone who pays for any of the services that we offer. We are not liable for any losses incurred to or by any individual should we refuse to provide service to them, even if they have paid for this service. The amount of liability that ‘Cherry Road Auto Sales’ or any of its affiliates is responsible for, in the event of denial of any service to anyone, is limited to the fee that said person or third party paid for the denied service to us and not one penny more. If a person or organization uses a third party as a “go between” to acquire services from us, then that third party is responsible for any reimbursements to the person making any claims for denial of services by us.
5) Performance of Service
6) Limits of Liability
7) Your Registration Obligations
8) Member Account, Password, and Security
9) Member Conduct
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a ‘Cherry Road Auto Sales’ official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation not in keeping with the intention of the ‘Cherry Road Auto Sales’ services;
- upload, post, email, transmit or otherwise make available any material 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;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- collect or store personal data about other users.
You acknowledge that ‘Cherry Road Auto Sales’ may or may not pre-screen Content, but that ‘Cherry Road Auto Sales’ and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, ‘Cherry Road Auto Sales’ and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ‘Cherry Road Auto Sales’ or submitted to ‘Cherry Road Auto Sales’, including without limitation information in ‘Cherry Road Auto Sales’ Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that ‘Cherry Road Auto Sales’ may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ‘Cherry Road Auto Sales’, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by ‘Cherry Road Auto Sales’ and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
10) International Use
11) Content Submitted or Made Available for Inclusion on the Service
- With respect to Content you submit or make available for inclusion on publicly accessible areas of ‘Cherry Road Auto Sales’, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific ‘Cherry Road Auto Sales’ system(s) to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or ‘Cherry Road Auto Sales’ removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or ‘Cherry Road Auto Sales’ removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the ‘Cherry Road Auto Sales’ network of properties that are intended by ‘Cherry Road Auto Sales’ to be available to the general public. By way of example, publicly accessible areas of the Service would include ‘Cherry Road Auto Sales’ classified ad listings or promotions and website pages that are open to both members and visitors.
13) General Practices Regarding Use and Storage
14) Modifications to Service
16) Dealings with Advertisers
18) Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ‘Cherry Road Auto Sales’ or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
‘Cherry Road Auto Sales’ grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ‘Cherry Road Auto Sales’ for use in accessing the Service.
19) Disclaimer of Warranties
You expressly understand and agree that:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ‘Cherry Road Auto Sales’ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- ‘Cherry Road Auto Sales’ MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ‘Cherry Road Auto Sales’ OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20) Buyer Beware
21) General Information