Terms and Conditions
You agree not to use Big Bon’s Boneyard.com for any purpose other than in connection with this Site and for the purposes for which this site is intended.
This agreement is between you and Big Bon’s Boneyard.com and shall be construed in accordance with and governed by the law of the State of Michigan.
THE FOLLOWING ARE THE TERMS ON WHICH Big Bon’s Boneyard.com OFFERS YOU ACCESS TO OUR SITE. BY USING OUR SITE, YOU AGREE TO THESE TERMS.
This Agreement was created on September 8, 2008.
This Agreement describes the terms and conditions that apply when you use our services and site. We may amend this Agreement at any time by posting the amended terms on our site. All amended terms will be effective as soon as they are posted on our site unless a different effective date is specified elsewhere in this Agreement, or in the amendment. This Agreement may not otherwise be amended. "We" and "Our" refer to Big Bon’s Boneyard.com, its corporate owners and affiliated companies, and the officers, directors, and shareholders of Big Bon’s Boneyard.com, its corporate owners and affiliated companies. "You" refers to the user of this site, except as provided in paragraph 2, below.
1. Our services are available only to legal entities and to individuals who can form legally binding contracts under applicable law. In addition, you must be 18 years old or older to use the services on our site.
2. This agreement applies only to persons using our site or service. A separate contract governs the relationship between us and parts sellers whose inventory is listed on our site, and this Big Bon’s Boneyard.com agreement does not apply. If you are a parts seller who wants to sell parts through our site, please contact us contact@bigbonsboneyard.com for a copy of that other contract.
3. Currently, searching our site for parts and contacting sellers through our site is free. We retain the right to amend this provision and begin charging a fee for this service.
4. Our site acts as a location for parts sellers to list parts and for buyers to contact sellers in order to purchase parts. We are not involved in the actual transaction between buyers and sellers. As a result, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF THE ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF THE LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS OR THE ABILITY OF BUYERS TO BUY ITEMS. We cannot ensure that a buyer or seller will actually complete a transaction. You should look to the seller for any refunds, credits or adjustments to a transaction. WE ASSUME NO RESPONSIBILITY, AND OFFER NO WARRANTY WHATSOEVER, REGARDING YOUR TRANSACTION WITH ANY INDIVIDUAL SELLER(S) OR ANY PARTS YOU PURCHASE FROM A SELLER, OR ANY INFORMATION, INCLUDING CREDIT CARD INFORMATION, YOU GIVE TO A SELLER.
5. The information that you receive on our site in response to a parts search is information that we have received from parts sellers. We do not review or verify that information for truth or accuracy. Use common sense and practice safe purchasing when using our site.
6. You agree that any information you post on our website or send to others when using our website, by email or otherwise, will be true, correct, and comply with all applicable laws. In particular, you shall not post anything that a) is fraudulent, b) infringes any third party's contract, copyright, patent, trademark or trade secret rights, or other intellectual property rights, c) is defamatory, libelous or threatening or harassing, d) is obscene, or e) contains any viruses or other computer code that is intended to damage or disrupt any system or that intercepts or expropriates any data or information.
7. Our website contains content and systems that are proprietary. You agree not to copy, reproduce, alter, modify, re-publish, create derivative works, or publicly display any content from our website without the prior written permission of an authorized representative of Big Bon’s Boneyard.com.
8. We reserve the right to choose not to deal with any person, for any reason or without a reason. Without limiting that right, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or immediately or later terminate your right to access our site and refuse to provide our services to you a) if you breach this Agreement, b) if we are unable to verify or authenticate any information your provide to us, or c) we believe that your actions may cause legal liability for you, our other customers, parts sellers providing listings on this site, or us.
9. YOU REALIZE THAT ALL PURCHASE AGREEMENTS ARE DIRECTLY BETWEEN YOU AND THE SELLER OF THE PARTS. WE MAKE NO WARRANTY, AND HAVE NO LIABILITY WHATSOEVER, WITH RESPECT TO THOSE AGREEMENTS.
10. WE AND OUR INFORMATION SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES AT YOUR SOLE RISK, ON AN "AS IS," WHEN-AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSES WHATSOEVER. Some States do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.
11. We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you agree we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services that are available on or through any such site or resource.
12. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or other purpose, any portion of the website or service, use of the service, or access to the service.
13. You agree not to use Big Bon’s Boneyard.com for any purpose other than in connection with this Site and for the purposes for which this site is intended.
14. BY YOUR USE OF THIS SITE, YOU AGREE THAT WE SHALL HAVE NO LIABILITY FOR SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SALES OR ANY OTHER INCIDENTAL DAMAGES, WHETHER YOUR CLAIM ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BY STATUTE OR UNDER ANY OTHER LEGAL THEORY. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCES IS LIMITED TO A MAXIMUM OF ONE THOUSAND ($1000) DOLLARS.
15. You agree to indemnify and hold us and our suppliers, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim and demand, including reasonable attorneys' fees, that arises out of your breach of this Agreement or your use of our site.
16. Any notices to Big Bon’s Boneyard.com must be given by postal mail sent to Big Bon’s Boneyard.com's headquarters as it is then posted on our web site. Any notices to you will be sent to the e-mail address you provide to Big Bon’s Boneyard.com.
17. We respect the intellectual property of others, and we ask parts sellers and others to do so. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us in the manner stated in paragraph 16, or email us at contact@bigbonsboneyard.com.
18. The laws of the State of Michigan govern this Agreement and the relationship between you and us. You agree that if you initiate any litigation related to this Agreement or your relationship with us, the state and federal courts in State of Michigan will have exclusive jurisdiction over that litigation. You further expressly consent to the exercise of personal jurisdiction in the State of Michigan in connection with any dispute or claim involving you and us. This Agreement constitutes the entire agreement between You and Big Bon’s Boneyard.com, and any other terms, including and telephone or email communications and anything else on our web site, are hereby void and of no effect.
Thank you for using Big Bon’s Boneyard.com.