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Classified Ad User Agreement

Welcome to Summit Racing's Classified Ad User Agreement. The Classified Ad service is for individual use only. Business advertisements are prohibited. By registering for our Classified Ad Service, you agree to abide by the terms of this Classified Ad User Agreement. Please read carefully. We may amend this Classified Ad User Agreement at any time by posting the amended items on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Classified Ad User Agreement may not otherwise be amended except in writing signed by you and Summit Racing. This Classified Ad User Agreement was last revised on July 26, 2000.

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1. General Provisions
Summit Racing's Classified Ad Service is a shopping service that brings buyers and sellers together. Information about a particular item is supplied by the seller, not by Summit Racing. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. Though we hope that all who come to SummitRacing.com will act honorably and treat each other fairly, we can't verify the information they supply or guarantee the items they offer. When using this Classified Ad Service to find a buyer for your item or an item you can buy, we urge you to use the same common sense and good judgment you would in selling an item through, or responding to, a classified ad in the newspaper.

The material that appears on the SummitRacing.com Classified Ad Service is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services you've read about on the SummitRacing.com Classified Ad Service, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. Summit Racing is not responsible for, and does not guarantee the performance of, any such goods or services.

Our Classified Ad Service acts as a venue for individual sellers to list items (or, as appropriate, solicit offers to buy) and buyers to bid on and purchase certain items. 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.

Those who offer goods or services for sale over SummitRacing.com should be prepared to sell the items they advertise at the prices at which, and the terms on which, they advertise them. Summit Racing reserves the right to deny use of this Classified Ad Service in a manner we consider inappropriate.


2. Membership Eligibility
Our Classified Ad Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Classified Ad Service is not available to minors. If you do not qualify, please do not use our Classified Ad Service.

1. Disclaimer of Warranties and Limitation of Liability
If you rely on this Classified Ad Service or any material available through this Classified Ad Service, you do so at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published over this site.

This Classified Ad Service is provided to you "as is." Summit Racing and its affiliates, agents, and licensors cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability, or fitness for a particular purpose of the information available through this Classified Ad Service (or any information, goods or services that are referred to, advertised on, or sold through this Classified Ad Service). Nor do they guarantee that the Classified Ad Service will be error free, or continuously available, or that the Classified Ad Service will be free of viruses or other harmful components.

Under no circumstances shall Summit Racing or its affiliates, agents or licensors be liable to you or anyone else for any damages other than direct damages, including, without limitation, any liability for consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data) even if we are advised beforehand of the possibility of such damages. You agree that the liability of Summit Racing and its affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way arising out of or otherwise related to the Classified Ad Service shall not exceed the amount you paid, if any, to Summit Racing for use of the Classified Ad Service. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

2. Release
Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release us and our subsidiaries, affiliates, officers, directors, agents, and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or in any way connected with such disputes.

3. Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Classified Ad User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

4. Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

5. No Agency
You and Summit Racing are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Classified Ad User Agreement.

6. Arbitration
Any controversy or claim arising out of or relating to this Classified Ad User Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Summit County, Ohio, and judgement on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Summit Racing may seek any interim or preliminary relief from a court of competent jurisdiction in Summit County, Ohio, necessary to protect the rights or property of you or Summit Racing pending the completion of arbitration.

7. Miscellaneous
This Classified Ad User Agreement has been made in, and shall be construed in accordance with the laws of the State of Ohio. By using this Classified Ad Service, you consent to the exclusive jurisdiction and venue of the state and federal courts in Summit County, Ohio in all disputes arising out of or relating to this Classified Ad User Agreement or use of this web site.

8. General
If any provision of this Classified Ad User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Classified Ad User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Additional Information to Include in the Earlier Registration Steps
As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not: (I) register under the name of, or attempt to enter the service under the name of, another person; or (II) adopt a user name that Summit Racing, in its sole discretion, deems offensive. You will be responsible for preserving the confidentiality of your password and you will notify Summit Racing's Customer Service Manager at customerservice@summitracing.com of any known or suspected unauthorized use of your account.

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