TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with www.parknsold.com, also known as ParkNSold, Inc. an Arkansas corporation located in Arkansas and our subsidiaries and affiliates, in association with the use of the ParkNSold website, which includes ParkNSold.com, (the “Site”) and its Services, which shall be defined below. These names may be used interchangeably throughout this agreement: parknsold, www.parknsold.com, Parknsold.com and Parknsold, Inc.
The Site is an e-Commerce, listing and informational service directly linked with the ParkNSold lots that bring together buyers and sellers. Items on the ParkNSold lots and the information provided about a particular item on ParkNSold.com is supplied by the seller, not by ParkNSold. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
ParkNSold provides the following for Individuals wanting to sell vehicles or equipment:
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the services provided and made available through our website, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms, and downloadable programs. At its discretion, ParkNSold.com may offer additional website services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated. ParkNSold.com does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user and/or member, acknowledges, accepts and agrees that ParkNSold.com shall not be held liable for any such update, modification, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS-IS” and as such ParkNSold.com shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
You are responsible for paying all fees and applicable taxes associated with using the Site or any other ParknSold services. You will always have an opportunity to review and accept the fees that you will be charged prior to posting payment. All charges accept for consignment fees will be due prior to services rendered while the consignment fees are due at the completion of the sale.
ParknSold.com adheres to the following policy with respect to requests for refunds of fees:
Eligibility Parknsold will only knowingly provide the Parknsold.com Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 16 years of age, you may use the Parknsold.com Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Parknsold.com Service is not intended for children under the age of 16.
To register and become a “member” of ParkNSold.com, you must be 16 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving ParkNSold’s Services under the laws and statutes of the United States or other applicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, ParkNSold.com will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of ParkNSold.com services, or any portion thereof.
It is ParkNSold.com’s priority to ensure the safety and privacy of all its visitors, users and members.
Every member’s registration data and various other personal information is strictly protected by the ParkNSold.com Online Privacy Policy. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by ParkNSold.com and/or our subsidiaries and affiliates.
After completion of the registration data and creation of your username and password, it shall be your responsibility to maintain the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify ParkNSold.com immediately if you notice any unauthorized access or use of your account or password or any other breach of security. ParkNSold.com shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
As a registered member of ParkNSold, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of ParkNSold Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by ParkNSold.
As a registered member of ParkNSold, you herein acknowledge, understand and agree to the following terms as well:
ParkNSold.com shall not lay claim to ownership of any content submitted by any visitor, user or member, nor make such content available for inclusion on our website services. Therefore, you hereby grant and allow for ParkNSold.com the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
Those areas which may be deemed “publicly accessible” areas of ParkNSold.com’s sites are those areas of our network properties which are meant to be available to the general public. However, there are areas which are not open to the public, and thus available to members only.
All users and/or members herein agree to insure and hold ParkNSold, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees, made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of ParkNSold services or your connection with their services, your violations of the Terms of Service and/or your violation of any such rights of another person.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to ParkNSold’s sites.
You herein acknowledge that ParkNSold.com may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message postings or any other uploaded content shall be retained by ParkNSold.com, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our service, the maximum disk space allowable that shall be allocated on ParkNSold.com’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that ParkNSold.com has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, ParkNSold.com shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on ParkNSold.com’s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on ParkNSold.com. It is your agreement to this TOS which establishes your consent to allow ParkNSold.com to store any and all communications on its servers.
ParkNSold.com shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of ParkNSold.com, you may cancel or terminate your account, associated email address and/or access to our services at any time.
As a member, you agree that ParkNSold.com may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services.
The termination of your account with ParkNSold.com shall include any and/or all of the following:
You do hereby acknowledge and agree that the ParkNSold.com’s Services and any essential software that may be used in connection with our services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by ParkNSold.com or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on ParkNSold.com Services (e.g. Content or Software), in whole or part.
ParkNSold.com herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the site, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by ParkNSold.com for use in accessing our Services.
You herein expressly acknowledge and agree that:
All disputes arising out of, relating to or connected with these TOS or your use of any part of the Parknsold.com Service will be exclusively resolved under confidential binding arbitration held in Pulaski County, Arkansas before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Arkansas law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought exclusively in a federal or state court located in Pulaski County, Arkansas. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Arkansas State courts in Pulaski County. By agreeing that arbitration is the exclusive remedy, you are waiving your right to sue Parknsold, Inc. in a court of law or have a jury resolve any dispute that arises out of, relates to or is connected with these TOS or your use of any part of the Parknsold.com Service.
You understand that you are waiving your right to a jury trial voluntarily and knowingly, and free from duress or coercion.
By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the Parknsold.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section 16, either party may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
You explicitly acknowledge, understand and agree that ParkNSold and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
You herein acknowledge, understand and agree that all of ParkNSold.com trademarks, copyright, trade name, service marks, and other ParkNSold.com logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of ParkNSold.com. You herein agree not to display and/or use in any manner the ParkNSold.com logo or marks.
It is at the mutual agreement of both you and ParkNSold.com with regard to the TOS that the relationship between the parties shall be governed by the laws of Arkansas without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and ParkNSold.com, shall be filed within the courts having jurisdiction within the County of Pulaski, Arkansas or the U.S. District Court located in said state. You and ParkNSold.com agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
At any time, should ParkNSold.com fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
This TOS constitutes the entire agreement between you and ParkNSold.com and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to ParkNSold.com Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other ParkNSold.com services, affiliate services, third-party content or third-party software. Please report any and all violations of this TOS to contact@parknsold.com