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User further agrees to grant to Gasgoo.com a non-exclusive and royalty free with the right to sublicense, reproduce, transmit, distribute, create any derivative works of, publicly use, reuse or display any materials or information you publish, transmit or provide to Gasgoo.com by any means.
Gasgoo.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Gasgoo.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
Copyrights and Licenses
All the Site contents, such as all the information at Gasgoo.com including, but not limited to, text, graphics, logos, icons, video and images belong to Gasgoo.com and are expressly managed by Gasgoo.com. The compilation and the design of the Site contents and the contents on the Site is the sole property of Gasgoo.com and is protected by Copyright and Trademark Laws.
Third Parties and Content
User acknowledges and agrees that some of the content like data, files, texts, graphics, photos, videos, logos, banners, advertising materials and other content materials, displayed on this Site is provided or posted by third parties or other Users. Any content provided or posted by third parties or other Users, whether publicly posted or privately transmitted, is the sole responsibility of the party or the person from which such content originated. In other words, User, and not Gasgoo.com, is entirely responsible for all content that he/she uploads, posts, emails or otherwise transmits via the features and services provided by Gasgoo.com.
Users acknowledge and agree that by using the features, products and services provided in this Site, a user may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Gasgoo.com be liable in any way for any user or third party content, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed or otherwise transmitted via the features, products and services provided by the Site.
Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of Gasgoo.com (a "Registered User"). Gasgoo.com will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("Member ID") and password ("Password") for log-in access to its own Account.
Gasgoo.com may refuse registration and deny the issuance of an Account and/or Email Account and associated Member ID and Password to any User for whatever reason.
If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Gasgoo.com during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
By becoming a Registered User, you consent to the inclusion of your personal data in our Global Buyer Database and authorize Gasgoo.com to share such information with other Users.
Gasgoo.com may suspend or terminate a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in Gasgoo's determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) Gasgoo.com has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) Gasgoo believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, Gasgoo's other Users, or Gasgoo.com or its affiliates.
The User shall be responsible for all users and the content of all the messages communicated through the Gasgoo.com, as well as the consequences of any such message.
The Registered User shall not use the Member ID for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, the Registered User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, Member ID or Password to a third party without the prior written consent of Gasgoo.com. Gasgoo.com may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
Users Who Post Information on Gasgoo.com
You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site.
No sales agency relationship is created between any User and Gasgoo.com, our affiliates, directors, officers or employees by virtue of Gasgoo's display of any of the User's information on the Site.
Each User hereby represents warrants and agrees to (a) provide Gasgoo.com with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to Gasgoo.com or authorizes Gasgoo.com to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights." Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Gasgoo.com or authorizes Gasgoo.com to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
Each User hereby represents, warrants and agrees that information submitted to Gasgoo.com for display on the Site shall not: (a) contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; (b) be part of a scheme to defraud other Users of the Site or for any other unlawful purpose; (c) relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights; (d) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; (g) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (h) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; (i) solicit business from any Users in connection with a commercial activity that competes with Gasgoo.com; (J) contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; (k) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; (l) Be irrelevant or not belong to auto parts categories (m) otherwise create any liability for Gasgoo.com or its affiliates.
Gasgoo reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Gasgoo.com to liability, violates this Agreement or is otherwise found inappropriate in Gasgoo's opinion. Gasgoo.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, Gasgoo.com may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Gasgoo.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Gasgoo.com for such disclosure. In connection with any of the foregoing, Gasgoo.com may suspend or terminate the Account of any User as Gasgoo.com deems appropriate in its sole discretion. User agrees that Gasgoo.com shall have no liability to User, including no liability for consequential or any other damages, in the event Gasgoo.com takes any of the actions mentioned in this Section, and that User agrees to bear the risk that Gasgoo.com may take such actions.
Transactions between Buyers and Suppliers
Through the Site, Gasgoo.com provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. Gasgoo.com does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, Gasgoo.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Gasgoo.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Gasgoo.com cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks.". Each User agrees that Gasgoo shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Gasgoo (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
Gasgoo's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives Gasgoo's right to act with respect with subsequent or similar breaches.
Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such part or section the Agreement.
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