Welcome to littlebaymotors. By using the services available from the domain and sub-domains of www.littlebaymotors.com (the "Site") you are agreeing to the following terms.
Before you may become a member of littlebaymotors, you must read and accept all of the terms and conditions to this User Agreement.
This Agreement is effective on August 1st, 2006 for all users
While using the Site, you will not:
Post content or items in an inappropriate category or areas on the Site;
Violate any laws, third party rights, or our policies
Use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
Manipulate the price of any item or interfere with other user's listings;
Circumvent or manipulate our fee structure, the billing process, or fees
Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
Take any action that may undermine the feedback or ratings systems
Distribute or post spam, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm littlebaymotors, members or it’s servers;
Copy, modify, or distribute content from the Site and littlebaymotors copyrights and trademarks; or
Harvest or otherwise collect information about users, including email addresses, without their consent.
We may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
Joining littlebaymotors is free. We have free basic listings and do not charge fees for using other services, such as adding more pictures and upgrading the basic listing. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our fee rates, which we may change from time to time. We may choose to temporarily change the fees for our services for promotional events or new services, these changes will take effective at listing time.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (Including charging other payment methods on file with us, retaining collection agencies and legal counsel)
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
You will not hold littlebaymotors responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy motor vehicles from anywhere, in auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Any US laws or Codes, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with any US laws and codes. Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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."
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
Take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content) from the Site;
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served to the email address you provide during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
This Agreement shall be governed in all respects by the laws of the State of NY as they apply to agreements entered into and to be performed entirely within NY between NY residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against littlebaymotors must be resolved by a court located in Suffolk County, New York.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against littlebaymotors must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, littlebaymotors may recover attorneys' fees and costs up to $1000, provided thatlittlebaymotors has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
littlebaymotors is located at 91 Gnarled Hollow Rd. Setauket NY 11733.