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Disclaimer
PIYUSA.COM Is an Advertising and Research Service. PIYUSA.COM operates the Site as an online advertising and research service for property and car buyers, sellers and enthusiasts. PIYUSA.COM does not sell vehicles or houses directly and is never a party to any transaction between buyers and sellers. As a result, PIYUSA.COM does not (a) guarantee or ensure any vehicle, property 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.
PIYUSA.COM, LLC., a Kentucky Limited Liability Company having a principal place of business at 242 A.G. Smith Road, Kentucky, Kentucky, 42642, provides the services offered on the PIYUSA.COM Web site (the "Services") to you, subject to and under the following Terms and Conditions (the "Terms" or the "Agreement"). YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON , YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM. In these Terms, "Web site" refers to PIYUSA.COM. "You" refers to users of PIYUSA.COM. "Customers" refers to users who purchase any product or Service on PIYUSA.COM, including without limitation listing their properties on the Web site. The words "we," "us," and "our" refer to PIYUSA.COM, LLC., the owner and operator of this Web site. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms.
1. Access and Registration. If you open an Account at PIYUSA.COM, you accept responsibility for all activities that occur under your Account or password, and agree not to sell, transfer or assign your Account or any Account rights. We reserve the right to terminate your Account if individuals from more than one household access PIYUSA.COM using any single user name or password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your household may not access PIYUSA.COM using your name in whole or in part without our permission. If you believe someone has accessed PIYUSA.COM using your user name and password without your authorization, e-mail us immediately at the address listed below. You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the time you register (or as soon thereafter as fees or charges are incurred) and are nonrefundable. You are responsible for all fees and charges incurred to access PIYUSA.COM through an Internet access provider or other third party service. You agree that we may terminate your Account if it remains inactive for a period of one (1) year.
2. Customer Listing, Password, and Security. Customers may create a user name and password. In addition, Customers that list their properties on PIYUSA.COM are providing their contact information. Customers are responsible for maintaining the confidentiality of their user names, listing numbers, and passwords. You, as a Customer, are solely responsible for all activities that occur under your user name, listing number, and password. As a Customer, you agree to immediately notify us of any unauthorized use of your user name, listing number and/or password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME, LISTING NUMBER, AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. You, as Customer, agree that we may terminate your Account if it remains inactive for a period of one (1) year.
3. Customer Responsibilities. In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are solely responsible for all acts or omissions that occur under your listing number or password, including the accuracy and completeness of all content that you (or anyone using your Account) submit, post or transmit through the Services. You agree and acknowledge that your access to and/or use of the Services are for personal, noncommercial purposes only. Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever.
4. Customer Responsibilities Concerning Property Listings.
A.Monthly Plan. Any Customer who registers for the Monthly Plan is responsible for paying monthly subscription fees of $29.99 per month. Customers who choose the Monthly Plan will be automatically billed to their credit card every thirty days from the date the ad is placed (the "renewal date") until the user cancels the ad. Payment for a monthly listing shall be made by automatic credit card debit. Customers can cancel listings online, can send a cancellation request via e-mail at least one (1) business day prior to the renewal date to the e-mail listed below, or can call us at the number listed below. Direct all e-mail cancellation requests to support@PIYUSA.COM . You must receive a confirmation from us, either via electronic mail or over the telephone, or your listing has not been canceled. If you have not received a confirmation, cancel your listing online.
B.Until Sold Plan. Any Customer who registers for the Until Sold Plan will be billed a one-time flat fee of $129.00, which entitles the Customer to maintain the property listing until sold.
C.3 month Plan. Any Customer who registers for the 3 month plan will be billed a one-time flat fee of $74.99, which entitles the Customer to maintain the property listing for 3 months the Customer is responsible for periodically extending the listing if desired, notifying PIYUSA.COM of the sale of the property, and then removing the listing from the Web site. The customer consents to having their credit card, etc. billed at the end of the period if they have previously selected the recurring payment option.
D.We Do Not Provide Real Estate Services to You. The terms of any agreement between a real estate broker/agent and you are not endorsed, recommended, or otherwise known to or by PIYUSA.COM.
E.Vehicles-One Month Plan. Any Customer who registers for the One Month Plan will be billed $12.99. Customers who choose the Monthly Plan will be automatically billed to their credit card every thirty days from the date the ad is placed (the "renewal date") until the user cancels the ad. Payment for a monthly listing shall be made by automatic credit card debit. Customers can cancel listings online, can send a cancellation request via e-mail at least one (1) business day prior to the renewal date to the e-mail listed below, or can call us at the number listed below. Direct all e-mail cancellation requests to support@PIYUSA.COM . You must receive a confirmation from us, either via electronic mail or over the telephone, or your listing has not been canceled. If you have not received a confirmation, cancel your listing online.
F.Vehicles-Until Sold Plan. Any customer who registers for the Until Sold Plan will be billed a one-time flat fee of $39.99.
G.Piyusa.com, LLC does not warranty any vehicles posted on this site, nor does Piyusa.com, LLC inspect or verify the existence/quality of posted vehicles.
H.How to Remove Your Listing/Cancel Your Ad Online IT IS THE CUSTOMER'S RESPONSIBILITY TO ENSURE THAT THEIR AD HAS BEEN CANCELED TO AVOID FURTHER REBILLING.
I.Use and Storage Guidelines. You understand, acknowledge, and agree that we may establish general practices and/or limits concerning the use of the Services, including without limitation the maximum number of days that information provided by you or account history and related data may be retained as part of the Services or maximum numbers of times or the maximum duration for which you may access the Services in a given period of time. IF YOU OBJECT TO ANY GENERAL PRACTICES OR LIMITS CONCERNING THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH GENERAL PRACTICES OR LIMITS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF THE SAME AND SATISFACTION WITH THE SERVICES SUBJECT TO SUCH GENERAL PRACTICES AND/OR LIMITS.
PIYUSA.COM Is an Advertising and Research Service. PIYUSA.COM operates the Site as an online advertising and research service for car buyers, sellers and enthusiasts. PIYUSA.COM does not sell vehicles directly and is never a party to any transaction between buyers and sellers. As a result, PIYUSA.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.
8. Third-Party Services. Any dealings or communications you have through PIYUSA.COM with any party other than PIYUSA.COM are solely between you and that third party. For example, certain areas of PIYUSA.COM may allow you to conduct transactions with third parties or purchase goods or services from third parties. YOU UNDERSTAND, ACKNOWLEGE, AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL , LLC. HAVE ANY LIABILITY RELATED TO ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD-PARTY DEALINGS OR COMMUNICATIONS OR FOR ANY INFORMATION THAT YOU PROVIDE TO THIRD PARTIES OR FOR ANY HARM RELATED THERETO. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials or services provided by third parties should be forwarded directly to the third party.
9. Consent to E-mail Communications from PIYUSA.COM, Affiliates, and Third Parties. From time to time, we will send you e-mail announcements or correspondence on new features, products and services offered by PIYUSA.COM, selected advertisers, affiliates, and related companies. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON , YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVING E-MAIL FROM , ITS AFFILIATES, RELATED COMPANIES, AND ADVERTISERS. SOME ADVERTISERS MAY PREFER TO CONTACT YOU DIRECTLY, AND PURCHASING, USING, OR ENJOYING THE SERVICES ON , YOU EXPRESSLY CONSENT AND OPT-IN TO HAVING THIRD PARTY ADVERTISERS CONTACT YOU.
10. User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, PIYUSA.COM, including for example communication during registration, communication on any PIYUSA.COM bulletin board, message or chat area, posting any listing or other content (including without limitation written, graphical or video content), placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; (3) the content will not cause injury to any person or entity; and (4) if you post a property listing that you are the owner of the property and have all necessary rights, title, and interests in such property to list the property for sale. Using a name other than your own legal name is prohibited (except in those specific areas of PIYUSA.COM that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms). (5) If you post a vehicle listing that you are the owner of the vehicle and have all necessary rights, title, and interests in such property to list the property for sale.
Please note PIYUSA.COM does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to PIYUSA.COM. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against PIYUSA.COM and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
11. Termination. You understand, acknowledge, and agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if you have breached violated or acted inconsistently with the Terms. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR PASSWORD, ACCOUNT, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION. You may discontinue your participation in and access to the Services at any time, subject to the other provisions of these Terms.
12. Disclaimers and Limitation of Liability. While PIYUSA.COM, LLC. uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the data or information available on the Web site and assume no liability or responsibility for any error or omission in the such data or information. , LLC. DOES NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. PIYUSA.COM, LLC. has no responsibility for actions of third parties or for information provided or posted by others. USE OF IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER , NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS OF ANY OF THEM, MAKES ANY WARRANTY OF ANY KIND REGARDING AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; THIRD-PARTY REAL ESTATE BROKERAGE SERVICES; PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH ; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING OR THE SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. , LLC. AND ITS AFFILIATES AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warrant shall be the minimum required under such application law. CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE . ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. IN NO EVENT SHALL , LLC. OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL , LLC. OR ITS AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. IN NO EVENT SHALL , LLC. OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.
14. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, , LLC., ITS PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF ; (2) 'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.
16. Limitations Period. YOU AGREE THAT ANY CLAIM, CONTRIOVERSY, OR DISPUTE WITH , LLC. OR ITS AFFIATES OR RELATED COMPANIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF WHEN THE CLAIM, CONTROVERSY, OR DISPUTE AROSE OR FIRST ACCRUED, OR SUCH CLAIM, CONTROVERSY, OR DISPUTE WILL BE FOREVER BARRED.
17. Additional Terms; Modifications to the Terms. We may change the Terms from time to time without prior notification to you. Each time you access the Web site, you will be governed by the Terms then present on the Web site and in effect. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES, WITHOUT LIMITATION OR QUALIFICATION. In addition, when using particular portions of the Services, you will be governed by additional terms which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.
18. Modifications to the Services. We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the Web site with or without notice to you. Modification of the Services can include, but is not limited to, any change to the Web site or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the "look and feel" of the Web site, changes to the format of a property listing or any other part of the Web site, and the inclusion of advertising links in association with a property listing or other content available on the Web site. Temporary discontinuance of the Services could be for a variety of reasons, including without limitation technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Web site. IF YOU OBJECT TO ANY MODIFICATIONS TO THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE SERVICES AS SO MODIFIED.
19. Terms of Service and Privacy Policy. The Terms of Service and Privacy Policy for PIYUSA.COM are hereby incorporated by reference into these Terms, and your agreement to these Terms means that you also expressly agree to be bound by the Terms of Service and Privacy Policy for PIYUSA.COM. For Customers, in the event of a conflict between these Terms, on the one hand, and the Terms of Service and Privacy Policy, on the other, these Terms shall take precedence.
20. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Kentucky, without regard to its conflicts of law provisions.
21. Miscellaneous. The Terms constitute the entire, exclusive, and final statement of the agreement between you and PIYUSA.COM, LLC. with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of PIYUSA.COM, LLC. to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
The Section and Sub-section headings used in this Agreement are purely for convenience and effect are for illustrative purposes only. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to PIYUSA.COM, LLC., any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.
23. Services Provided by Third Parties. We are not responsible or liable for any products or services obtained by or through any other party. The materials displayed on this site relating to services provided by any other party are advertisements and do not constitute an offer or promise to make a loan or provide any other service by us. There is no endorsement by us of any other party or the products and services made available by or through any other web site.
