GOODGUYS CLASSIFIEDS TERMS OF USE

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

The materials on this web site (the "Site") are provided by Internet Brands, Inc., doing business as RacingJunk.com ("RacingJunk") and Goodguys Rod & Custom Association/Goodguys Enterprises, Inc. ("Goodguys"), respectively, as a service to its customers, visitors, users or members ("You" or "Your") and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any materials from or using this Site, You agree to these terms (the "Agreement"). If you do not agree to them, do not use the Site or download any further materials from it. If you object to any material found on this Site, please bring your concerns to the attention of support@goodguysclassifieds.com. The web site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.

  1. TRADEMARK and COPYRIGHT INFORMATION: "Goodguys," "Classifieds.good-guys.com," "Racing Junk", "RacingJunk.com, the RacingJunk logo, and Goodguys logo are the property of RacingJunk or Goodguys, respectively. All other names and trademarks are the property of their respective holders.

  2. LICENSE: The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You are granted a limited, revocable, nonexclusive license to access and use Goodguysclassifieds.com in compliance with this Agreement. You may download information or software found on this Site ("Materials") for Your personal, non-commercial internal use only, unless specifically licensed to do so otherwise by Goodguys, or RacingJunk, in writing or as allowed by any license terms which accompany or are provided with individual Materials. You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

  3. TERMINATION OF THIS LICENSE: Goodguys or RacingJunk may terminate this license at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy the Materials.

  4. OWNERSHIP OF WEBSITE: Goodguys are the sole owner of the Site. RacingJunk is the operator of the Site.

  5. DISCLAIMER: YOUR ACCESS TO AND USE OF THE SITE AND MATERIALS ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL GOODGUYS OR RACINGJUNK, THEIR PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE SITE OR MATERIALS, OR (2) RELIANCE ON THE CONTENT, OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY GOODGUYS AND/OR GOODGUYS' CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER GOODGUYS AND/OR RACINGJUNK HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOODGUYS AND RACINGJUNK ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. Goodguys, and RacingJunk, their parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Site or Materials. Goodguys and RacingJunk may make changes to the Site or Materials, or to the products described therein, at any time without notice. Goodguys and RacingJunk make no commitment to update the Site or Materials. Any description of products or services on the Site or in the Materials is not a representation that any particular products or services are available for sale or distribution in Your location.

  6. LIMITATION OF LIABILITY: IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT GOODGUYS OR RACINGJUNK SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $100 . YOUAGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU, GOODGUYS, AND RACINGJUNK, AND REFLECTS THE FEES, IF ANY, GOODGUYS AND RACINGJUNK CHARGES YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, GOODGUYS AND RACINGJUNK WOULD NOT PROVIDE THE SITE TO YOU.

  7. INDEMNITY: You agree to defend, indemnify and hold Goodguys and RacingJunk, their parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Goodguys' and RacingJunks' reasonable attorneys' fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site or Materials, and (3) the unauthorized or unlawful use of the Site or Materials by any other person using Your Classified Number and/or Password.

  8. USER SUBMISSIONS: Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Goodguys and RacingJunk will have no obligations with respect to the Communications Goodguys and RacingJunk, and their designees will be free to copy, disclose, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Raceway hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Raceway in its sole discretion and without further notice.

  9. LINKS TO OTHER MATERIALS: The linked sites are not necessarily under the control of Goodguys or RacingJunk, and Goodguys and RacingJunk are not responsible for the content of any linked site or any link contained in a non-affiliated linked site. Goodguys and RacingJunk reserve the right to terminate any link or linking program at any time. Goodguys and RacingJunk have selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Goodguys and RacingJunk shall not be responsible for notification of any change in name or location of any information of the Site. Goodguys and RacingJunk reserve the right to request any web site administrator to disable or remove any link that violates any rights of Goodguys or RacingJunk or causes interruption or deterioration of services provided by Goodguys or RacingJunk. Failure to abide by this request shall be dealt with as any other unauthorized use or access to Raceway resources.

  10. DEALINGS WITH ADVERTISERS/CLASSIFIED ADVERTISERS: Correspondence Generally: Your correspondence or business dealings with, or participation in promotions of, advertisers or classified advertisers (collectively "Advertisers") found on or through the Site, including 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 Advertiser. You agree that Goodguys and RacingJunk shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers on the Site.

    Product Availability and Prices: Goodguys and RacingJunk DO NOT GUARANTEE PRODUCT PRICES OR AVAILABILITY. All transactions are conducted by Advertisers. All Product descriptions and prices provided to You on Goodguys' Site, or via separate contract following Your submission of a purchase request or inquiry to the Advertiser, are made by the participating Advertiser possessing the described Product and not Goodguys or RacingJunk. Absent a specific agreement between You and the Advertiser, the Advertiser is not required to hold any Product off the market and is free to sell any Product at any time before You have executed the contract to purchase such Product.

    The act of submitting a purchase request through the Site does not place a hold on any specific Product in an Advertiser's inventory. A monetary deposit made by You to the Advertiser is not a guarantee that a specific Product will be available for You to purchase unless You and the Advertiser specifically agree to such term. It is Your responsibility to confirm with the Advertiser that the Product will be held off the market until You can complete the purchase.

    Whether Your deposit is refundable or not is subject to Your contractual agreement with the Advertiser and/or state law. You should not assume a deposit made by You towards the purchase or lease of a Product is fully refundable.

  11. APPLICABLE LAWS: Goodguys and RacingJunk make no representations that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations. This Agreement shall be governed and construed exclusively under the laws of California, without regard to principles of conflicts of laws. For purposes of any action or proceeding brought by either party arising out of or related to this Agreement, You hereby irrevocably consent to the sole and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California and the Central District Court of California, respectively.

  12. ENTIRE AGREEMENT: This Agreement, including the Privacy Policy and Guidelines incorporated herein by this reference, contains the entire agreement between You Goodguys, and RacingJunk relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by You relating to the subject matter hereof, or (2) statements of any of Goodguys or RacingJunk's employees. Goodguys and RacingJunk reserve the right to make changes to this Agreement at any time without advance notice. Goodguys and RacingJunk agree to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.

  13. TERMINATION: Your right to access and use the Site immediately terminates without further notice upon Your breach of this Agreement. Goodguys and RacingJunk may terminate this Agreement and/or Your right to use the Site at any time, with or without cause.

  14. ASSIGNMENT: Goodguys and RacingJunk may assign this Agreement, in whole or in part, in their sole discretion. You may not assign Your rights under this Agreement without Goodguys or RacingJunk's prior written permission. Any attempt by You to assign Your rights under this Agreement without Goodguys or RacingJunk's permission shall be void.

  15. WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.

  16. FORCE MAJEURE: Goodguys and RacingJunk shall not be liable for any failure or unavailability of the Site and/or services or failure by Goodguys or RacingJunk to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the determination or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Goodguys or RacingJunk's control.

  17. NOTICE: Goodguys and RacingJunk may deliver notice to You under this Agreement by means of electronic mail. You may give notice to Goodguys at any time via electronic mail to support@Goodguysclassifieds.com with a copy to RacingJunk at legal@internetbrands.com.

  18. HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

  19. INVALIDITY: If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.

Last Revised July 23, 2013