VISITOR AGREEMENT This
website is owned and operated by Temple of Zoom Motorsports. These
Conditions of Use apply to the site located at the URL
www.templeofzoom.net ("T of Z"), as well as any versions of the site
that may exist on other domains (e.g. com, biz, etc.) or cloned
sites. Access to and use of this website is offered to the
visitor conditioned on the visitor's acceptance without modification of
the terms, conditions, and notices contained herein. By accessing and
using this website, you are deemed to have agreed to all such terms,
conditions, and notices.
RESEARCH SERVICES. T of Z strives to provide online users with education and research tools
with regards to passager vehicle, racing vehicles and equipment. Every
reasonable effort is made to provide online users with timely and
accurate information whether it be from our experience or from a third
party source. However, third party information is provided on an "as
is" basis and T of Z can not be held responsible for the accuracy the
information they provide.
ACCURACY OF LISTING INFORMATION. T of Z displays listings of passanger and racing vehicles that
are for sale either directly from T of Z or on consignment by other
individuals. T of Z makes a "good faith" effort to provide online users
with accurate vehicle descriptions and prices for each listing
regardless of whether it is a T of Z or consignment vehicle. The
transmission of vehicle listings on T of Z necessarily involves the
passage of time and the possibility that unintentional errors can
occur. When viewing vehicle listings on T of Z, you must understand
that:
- YOU SHOULD ASSUME THAT PRICES LISTED FOR VEHICLES EXCLUDE STATE AND
LOCAL TAXES, AS WELL AS ANY STATE AND LOCAL GOVERNMENTAL CHARGES,
INCLUDING WITHOUT LIMITATION, REGISTRATION,
LICENSE AND TITLE FEES, DOCUMENTARY FEES, EMISSIONS CERTIFICATION FEES
AND ADDED ACCESSORIES YOU CHOOSE TO PLACE ON THE VEHICLE
- ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN
YOU CONTACT US
- ALL PRICES AND TERMS LISTED ARE VALID ON DATE OF PUBLICATION ONLY
AND SUBJECT TO CHANGE WITHOUT NOTICE
- ALL LISTINGS ARE SUBJECT TO THE WARRANTY DISCLAIMER IN THESE TERMS OF USE.
RESTRICTIONS ON YOUR USE OF T of Z. All materials published on T of Z, including, but not
limited to vehicle listings, descriptions, photographs, images,
illustrations, pricing information, reviews and video clips,
("Information") are the sole property of Temple of Zoom Motorsports or
its third-party providers and is protected by patent, trademark,
copyright, and other intellectual property rights. You may access and
use T of Z solely for your personal and non-commercial use. You may not
modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
Information, software, products or services obtained from T of Z.
Without limiting the general restrictions, you may not under any
circumstances: (a) use T of Z's review forms and/or phone numbers to
advertise or promote products and services; (b) use any robot, spider
or other automatic device, or a manual process, to monitor or copy web
pages or the Information for any purpose without Temple of Zoom
Motorsports prior expressed written permission; (c) use any device,
software or routine to interfere or attempt to interfere with the
proper working of T of Z; (d) decompile, reverse engineer, disassemble
or otherwise attempt to obtain the source code for T of Z or any of the
underlying software; or (e) take any action that imposes an
unreasonable or disproportionately large load on T of Z's hardware and
software infrastructure.
DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF TEMPLE OF ZOOM AND RELIANCE ON ITS CONTENT
IS AT YOUR OWN RISK. TEMPLE OF ZOOM MOTORSPORTS, ITS AFFILIATES AND
THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS
OR WARRANTIES OF ANY KIND REGARDING T OF Z, THE INFORMATION CONTAINED
ON T OF Z OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE
FOREGOING. T OF Z AND ALL INFORMATION CONTAINED ON T OF Z ARE PROVIDED
ON AN "AS IS, AS AVAILABLE" BASIS, AND TEMPLE OF ZOOM MOTORSPORTS, 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 CONSIGNMENT VEHICLES AVAILABLE ON THIS SITE IS
SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. NEITHER TEMPLE OF ZOOM
MOTORSPORTS NOR ITS AFFILIATES MAKE ANY 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 LISTED ON T OF Z. TEMPLE OF ZOOM MOTORSPORTS CANNOT AND DOES
NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.
TEMPLE OF ZOOM MOTORSPORTS RESERVES THE RIGHT, IN ITS SOLE DISCRETION,
TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE INFORMATION. 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.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL TEMPLE OF ZOOM MOTORSPORTS, ITS AFFILIATES
OR ITS THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION, ATTORNEYS' FEES), REGARDLESS OF THE FORM OF ACTION,
THAT RESULT FROM OR RELATE TO THE USE OF, OR THE INABILITY TO USE, THE
SERVICES OR INFORMATION AVAILABLE ON THIS SITE. IF YOU ARE DISSATISFIED
WITH ANY SERVICE OR INFORMATION, OR WITH ANY OF THESE TERMS AND
CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE. IF TEMPLE OF ZOOM MOTORSPORTS, ITS AFFILIATES OR ANY OF ITS
THIRD-PARTY PROVIDERS ARE FOUND LIABLE IN CONNECTION WITH A CLAIM
ARISING OUT OF OR RELATED TO THE SERVICES OR THE INFORMATION, THEIR
AGGREGATE LIABILITY IN SUCH AN EVENT SHALL NOT EXCEED FIFTY DOLLARS
($50). YOUR RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU
OF ALL OTHER REMEDIES TO WHICH YOU MAY OTHERWISE BE ENTITLED FROM
T OF Z, ITS AFFILIATES OR ITS THIRD-PARTY PROVIDERS.
LINKS TO THIRD PARTY SITES. This site may contain hyperlinks to websites operated by parties other
than Temple of Zoom Motorsports. Such hyperlinks are provided for your
reference only. Temple of Zoom Motorsports does not control such
websites, and is not responsible for their contents or accessibility.
MODIFICATION OF THESE TERMS OF USE. Temple of Zoom Motorsports reserves the right to change
these terms of use at any time by posting revised terms on the site.
You are responsible for regularly reviewing these terms of use.
Continued use of this site following any such changes shall constitute
the your acceptance of such changes.
GENERAL. This agreement
is governed by the laws of the State of Oklahoma applicable to
contracts executed and performed entirely within that state. You hereby
agree that any cause of action you may have with respect to this site
must be exclusively filed in the federal or state courts located in
Tulsa County, Oklahoma, within one (1) year after the cause of action
arises or the cause is barred. You hereby consent to personal
jurisdiction in the federal and state courts in Tulsa County, Oklahoma,
and waive any objection based on forum non conveniens. As a condition
of using this site, you agree that all causes of action arising out of
or connected with this site shall be resolved individually, without
resort to any form of class action. Use of this site is unauthorized in
any jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph.
If any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the Agreement shall
continue in effect.
Failure by Temple of Zoom Motorsports to enforce any provision of
these Conditions of Use will not be deemed a waiver of future
enforcement of that or any other provision of these Conditions of Use.
This Agreement constitutes the entire agreement between you and Temple
of Zoom Motorsports with respect to this site and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Temple of Zoom with
respect to this site.
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