FossilCars.com Site Access Agreement

Please read this Terms of Use Agreement (the "Agreement") carefully before accessing the FossilCars.com Site. FossilUsedcars.com and FossilCarParts.com are affiliated divisions ("Affiliates") of FossilCars.com. As a condition to and in consideration of accessing and using the FossilCars.com Site, the User agrees to be bound by the terms of this Agreement. Use of or access to the FossilCars.com Site shall constitute your acceptance of this Agreement, and hereby consent to be bound by this Agreement, without limitation.

IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR INTERACT WITH THE FOSSILCARS.COM SITE OR ITS RESPECTIVE AFFILIATE SITES.

If you have any questions about this Agreement, please contact us via e-mail at admin@fossilcars.com.

This Agreement is entered into by and between FossilCars.com and any person, corporation, association, agency, company, governmental agency, or any other entity who accesses, uses or interacts with the FossilCars.com Site (the "User" or "you") or its respective parent or subsidiary companies, affiliates, officers, directors and agents, without limitation.

The FossilCars.com Site is a World Wide Web site on the Internet that is designed to allow users to post ads and/or to view ads posted by other users or interact with those users. The FossilCars.com Site is owned and operated by FossilCars.com, Inc., a Michigan corporation. The FossilCars.com Site contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the FossilCars.com Site that can be modified by Users, such as posting ads, uploading multimedia files, registering user profiles, and creating Auto-Notify profiles ("Interactive Areas").

1.1 Access to the FossilCars.com Site.

you are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the FossilCars.com Site and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the FossilCars.com Site.

1.2 User Conduct.

you agree to access and use the FossilCars.com Site only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the FossilCars.com Site, including any Interactive Area, (ii) the use of any networks or other services connected to the FossilCars.com Site, and (iii) the communications means by which you connect your modem, computer, or other equipment to the FossilCars.com Site. By accessing the FossilCars.com Site, you agree that you will not:

(1) restrict or inhibit any other user from using and enjoying the Interactive Features;

(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;

(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

(4) post or transmit any information, software or other material which contains a virus or other harmful component;

(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the FossilCars.com Site;

(6) disrupt the normal flow of communication in an Interactive Area;

(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;

(8) violate any operating rule, policy or guideline of your Internet access provider or online service.

1.3 Recurring Billing.

Users purchasing recurring services will billed at intervals designated by contract. Cancellation of recurring billing services must be provided in writing to FossilCars.com, Inc., with the signature of the purchaser, with 30 days notice.

1.4 Electronic Communications.

When you visit the FossilCars.com Site, or send e-mail to us, you are communicating with us electronically without limitation, and therefore consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and that you hereby consent to receive promotional, transactional or service related email communications from us, without limitation.

2.1 FossilCars.com Site content.

(a) You acknowledge that Content on the FossilCars.com Site is generally provided by the FossilCars.com Site, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that the FossilCars.com Site permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the FossilCars.com Site owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.

(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "The FossilCars.com Site" and its URL address. You acknowledge that the FossilCars.com Site, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.

2.2 Content Provided by User.

You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the FossilCars.com Site only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the FossilCars.com Site, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to the FossilCars.com Site the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit the FossilCars.com Site to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.

You acknowledge that the FossilCars.com Site may include various interactive areas ("Interactive Areas"), including but not limited to ads. These Interactive Areas allow feedback to the FossilCars.com Site and real-time interaction between users. You further understand that the FossilCars.com Site does not control the messages, information, or files delivered to such Interactive Areas and that the FossilCars.com Site may offer you and other Users the capability of creating and managing an Interactive Area. However, neither the FossilCars.com Site, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that the FossilCars.com Site cannot, and does not intend to, screen communications in advance. Moreover, because the FossilCars.com Site encourages open and candid communication in the Interactive Areas, the FossilCars.com Site cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The FossilCars.com Site is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the FossilCars.com Site has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, the FossilCars.com Site may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The FossilCars.com Site reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written FossilCars.com Site policy in effect at that time, (ii) be harmful to the rights of any User, the FossilCars.com Site, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable. 3.1 Electronic Communications

Upon visiting or interact with the FossilCars.com Site, write letters to FossilCars.com (as delivered by postal mail or overnight delivery services) or communicate with us electronically using email, live chat, or via postings on the Fossilcars.com web site, FossilCars.com, together with its respective parent and subsidiary companies, affiliates, officers and directors, reserves the right to communicate with you, without limitation. Use of the FossilCars.com website or any communication with Fossilcars.com and its respective parent or subsidiary companies, affiliates, officers and directors hereby constitutes your unlimited consent to receive communications from us electronically or by postal or overnight mail services. FossilCars.com, together with its respective parent and subsidiary companies, affiliates, officers and directors therefore reserves the right to communicate with you via postal mail services, or by electronic means such as e-mail, live chat or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing, and that you hereby consent to receive promotional, transactional or service related email communications from FossilCars.com, without limitation.

This Agreement shall expire on December 31, 2025. With respect to any dissatisfaction associated with any policies, guidelines, or practices of the FossilCars.com, Inc. in operating the FossilCars.com Site, or any change in Content or services, it is understood and agreed that your sole remedy is for you to discontinue accessing the FossilCars.com Site. Further, FossilCars.com, Inc. reserves the right to terminate or temporarily suspend your access to all or any part of the FossilCars.com Site, without notice, in its sole discretion, or for conduct that FossilCars.com, Inc. deems a violation of this Agreement or any policies or guidelines posted by the FossilCars.com Site, or for other conduct which the FossilCars.com Site believes, in its sole discretion, is harmful to the FossilCars.com Site or to other Users. The FossilCars.com Site may discontinue operating the FossilCars.com Site and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the FossilCars.com Site, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the FossilCars.com Site, as well as the disclaimers and limitations of liabilities set forth in this Agreement, shall survive for the full term of this Agreement.

5.1 Links. You understand that except for Content, products or services expressly available at the FossilCars.com Site, neither the FossilCars.com Site, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the FossilCars.com Site. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the FossilCars.com Site or controlled by the FossilCars.com Site. The FossilCars.com Site neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from the FossilCars.com Site, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither the FossilCars.com Site, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the FossilCars.com Site or your inability to access the Internet or any site linked to or from the FossilCars.com Site.

5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on the FossilCars.com Site. It is the policy of the FossilCars.com Site not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. Further FOSSILCARS.COM, INC. MAKES NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY ASSOCIATED WITH THE SALE OF DELIVERY OF ANY GOODS OR SERVICES. FURTHER, YOU EXPRESSLY AGREE THAT YOUR USE OF THE FOSSILSCARS.COM SITE OR ITS AFFILIATED PARENT AND SUBSIDIARY COMPANIES IS AT YOUR SOLE RISK. NEITHER THE FOSSILSCARS.COM SITE OR ITS AFFILIATED PARENT AND SUBSIDIARY COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE FossilCars.com Site OR ANY INTERNET SITE LINKED TO OR FROM THE FOSSILCARS.COM SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FOSSILCARS.COM SITE OR ANY INTERNET SITE LINKED TO OR FROM THE FOSSILCARS.COM SITE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE FOSSILCARS.COM SITE OR ANY SITE LINKED TO OR FROM THE FOSSILCARS.COM SITE. THE FOSSILCARS.COM SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5.3 Limitation of Liability. You hereby expressly agree that: UNDER NO CIRCUMSTANCES SHALL THE FOSSILCARS.COM SITE, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE FOSSILCARS.COM SITE, OR ANY INTERNET SITE LINKED TO OR FROM THE FOSSILCARS.COM SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.

UNDER NO CIRCUMSTANCES SHALL THE FOSSILCARS.COM SITE, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE FOSSILCARS.COM SITE OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE FOSSILCARS.COM SITE. THE CONTENT WITHIN THE FOSSILCARS.COM SITE AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE FOSSILCARS.COM SITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE FOSSILCARS.COM SITE AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE FOSSILCARS.COM SITE AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE FOSSILCARS.COM SITE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY FOSSILCARS.COM SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE FOSSILCARS.COM SITE, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FOSSILCARS.COM SITE.

you hereby agree to indemnify and hold the FossilCars.com Site, its parent or subsidiary companies and their affiliates, together with their respective directors, officers, employees, and agents harmless from any and all liabilities, claims and expenses, including reasonable attorneys fees, without limitation, arising from the alleged breach of this Agreement, the alleged breach of any other policy, your use or access of the FossilCars.com Site or any Internet site linked to or from the FossilCars.com Site, or in connection with the transmission of any Content to or from the FossilCars.com Site.

This Agreement comprises the entire agreement between the FossilCars.com Site and you, and supersedes any prior agreements with respect to the subject matter herein. The FossilCars.com Site may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective immediately upon posting notice of such revision prominently on the FossilCars.com Site. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the FossilCars.com Site. Your continued accessing and use of the FossilCars.com Site following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the FossilCars.com Site 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. This Agreement shall be governed by the laws of the state of Michigan, with each party submitting to the exclusive jurisdiction of the Courts of the state of Michigan. This Agreement is personal to you and you may not assign your rights or obligations hereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the FossilCars.com Site have been done strictly for clarification and identification and does not constitute endorsement by the FossilCars.com Site of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the FossilCars.com Site by such trademark, service mark or link owner.