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Site Policy
This Agreement sets forth the terms and conditions that govern your access and use of the Web Sites and related Internet media properties owned or operated by York Companies, Inc. and its affiliates and subsidiaries, (the "Site").
By accessing or using the site, you agree to be bound by the terms and conditions set below. If you do not wish to be bound by these terms and conditions, you may not access or use the site and should immediately cease such use. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must agree to review this agreement on a regular basis to keep yourself apprised of any changes, and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
This Agreement includes any terms on York Companies, Inc.’s Web sites owned and operated by York Companies, Inc., each of which is incorporated into this Agreement in its entirety by reference, to which you are indicating your agreement and acceptance to be bound by the provisions thereof, by way of your use of the Site.
1. Copyright, Licenses and Idea Submissions.
You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site including text, graphics, code and/ or software.
2. Content
You understand that all postings, messages, text, files, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that York Companies, Inc. does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the website and Content available through the Service may contain links to other websites, which are completely independent of York Companies, Inc. York Companies, Inc. makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will York Companies, Inc. be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the Service.
3. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by York Companies, Inc., York Companies, Inc. does not operate, control or endorse any information, products or services on the Internet in any way. Except for York Companies, Inc. identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with York Companies, Inc. You also understand that York Companies, Inc. cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, a York Companies, Inc. official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit 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 equipment.
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., use of all caps, or flooding continuous posting of repetitive items, text, or photos);
g) Post or transmit any unsolicited advertising, or promotional materials in reference to but not limited to competitors of York Companies, Inc.
h) Violate any applicable local, state, national or international law;
I) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any York Companies, Inc. product or service if you are not expressly authorized by such party to do so.
m) Post the same item or service in more than two classified categories.
n) It is strictly prohibited to state anywhere in your item listing to email for pictures, or using any other link to view pictures other than the link provided by York Companies, Inc.
o) York Companies, Inc. prohibits to listing of firearms, and also the retail listing of pets. You may however list a pet with an adoption fee of less than $100.00
You assume total responsibility and risk for your use of the site and the Internet. York Companies, Inc. provides the site and related information "AS IS" and does not make any express or implied warranties, representations or endorsements what so ever (including without limitation warranties of title or non infringement or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, any merchandise, information, service, or transaction provided through the site or on the internet generally, and York Companies, Inc. Shall not be liable for any cost or damage arising either directly or indirectly from your use of the site any such merchandise, information, service or transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all, advice, services, merchandise and other information provided through the site.
4. Limitation of Liability
In no event will York Companies, Inc. be liable for (I) Any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site, and merchandise, information, service, or transactions provided on the site, or downloaded from the site, or any delay of such information or service. Even if York Companies, Inc. or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the site, any merchandise, information, service, transaction and / or materials provided or downloaded through the site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, York Companies, Inc. liability if limited to the greatest extent permitted by law. The aggregate liability for the Company to you for all claims arising from your use of the Site is limited to $100.
5. Indemnifications and Reservation of Rights.
You agree to indemnify, defend and hold harmless York Companies Inc., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site. York Companies, Inc. reserves the right to release current or past member or Web site user information if York Companies, Inc. believes that a member's account is being used to commit unlawful acts, if the information is subpoenaed and/or if York Companies, Inc. deems it necessary and/or appropriate.
6.Third Party Content
York Companies, Inc.’s website and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of York Companies, Inc., including web sites, directories, servers, networks systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that York Companies, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that York Companies, Inc. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release York Companies, Inc., its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
7. Termination.
Either party without notice may terminate this Agreement at any time for any reason. York Companies, Inc. reserves the right to terminate this Agreement without notice if, in York Companies, Inc. sole discretion, you fail to comply with any of the terms of this Agreement.
8. Refunds/ Returns Policy
York Companies, Inc. will issue a one (1) month refund (minus $1.00 handling fee) to any unsatisfied customer whom replies unsatisfied within 24 hours of purchase. The refund will be refunded the exact price the customer paid for one month, i.e. any discounts they may have acquired to make the amount less than the standard monthly fee will apply (minus the $1.00 handling fee). Refunds will not be given to customers after they have posted an item.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that York Companies, Inc. shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
10. Web Site Security Rules.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", or "crashing", or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. York Companies, Inc. will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
11. Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of the State of North Carolina, United States applicable to agreements made and to be performed in the State of North Carolina, United States. You agree that any legal action or proceeding between York Companies, Inc. and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of New Hanover, State of North Carolina, United States and you hereby expressly consent to the exclusive personal jurisdiction of these courts. This Agreement contains the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. York Companies, Inc. failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. York Companies, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
12. Disputes
Disputes between you and York Companies, Inc. in regards to our services should be emailed to info@portcitygaragesales.com.
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