Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on April 26, 2009.
All questions and concerns regarding the policies outlined below may be
directed to
MotorMedley.com Help.
This Terms of Use Agreement sets forth the standards of use of the MotorMedley.com Online Service. By using the MotorMedley.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at MotorMedley.com. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Product Dislay and Colors
This Site attempts to display product images as accurately as possible. However, we can not guarantee that the color you see matches the product color. Note that the display of color may depend, in part, upon the monitor you are using.
2. Errors On The Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and Motor Medley reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Motor Medley will issue a credit to your credit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account. (If you are not fully satisfied with your purchase, you may return it in accordance with Motor Medley's Return Policy.)
3. Pricing
Online prices are subject to change. We reserve the right to limit sales, including the right to refuse sales, to resellers.
4. Sales Tax
Motor Medley collects and remits sales tax as appropriate.
5. Paying For Your Order
You may pay for your order with a major credit card. We accept Visa®, MasterCard®, and Discover® Card.
Generally, credit cards are not charged by Motor Medley until we either ship the order to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit card issuer at the time you place the order, which may have an effect on your available credit.
6. Order Validation
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment and/or shipping address. We reserve the right to reject any order you place with us and/or limit quantities on any order, without giving a reason. If we reject your order, we will attempt to notify you using the email address you have provided with the order. Generally, your credit card will not be charged if we reject an order; however, we will process a refund if a charge has been made against your card.
7. Order Acceptance and Confirmation
Your receipt of an electronic or other form of order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Motor Medley reserves the right at any time after receipt of your order to accept or decline your order for any reason.
8. Return Policy
All sales made through this Site are subject to Motor Medley's Return Policy.
9. Order Limitations and Limited Quantities
Motor Medley may, at is sole discretion, limit or cancel quantities purchased per person, per household, or per order. Restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to your order, we will attempt to notify you by the email and/or billing address provided with your order. Motor Medley reserves the right to limit or prohibit sales to dealers.
10. Shipping
All orders placed on this Site are subject to product availability and will be shipped according to our Site shipping terms. In the rare event that your order never arrives, we must receive notification of lost items via email and/or phone (as provided in our shipping terms) within sixty (60) days of receipt of the shipping confirmation email.
11. Description of Service
MotorMedley.com is a vehicle advertising and informational service providing Member with the ability to search for vehicles and purchase advertising space for vehicles. All information contained in a vehicle advertisement is supplied by the Member, not from MotorMedley.com. It is not guaranteed that vehicle prices contain all information. For example, a price may not include sales tax which will later be the responsibility of the buyer. Member should use the best judgment when contacting possible buyers. MotorMedley.com cannot guarentee that all users of the website will act responsibly, therefore we reserve the right to screen any and/or all ads being placed as well as any email messages being sent between users.
Member must be able to sell the vehicle being listed on MotorMedley.com, and must be able to transfer title to the vehicle. MotorMedley.com requires that certain information be supplied in order to properly identify the vehicle in question as well as information for contacting Member.
Ads are to be used in portraying one vehicle and may not represent multiple vehicles, unless previously arranged with MotorMedley.com.
Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
12. Disclaimer of Warranties.
The site is provided by MotorMedley.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, MotorMedley.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. MotorMedley.com shall have no liability for any interruptions in the use of this Website. MotorMedley.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
13. Limitation of Liability
MOTORMEDLEY.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MOTORMEDLEY.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MOTORMEDLEY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
14. Indemnification
Member agrees to indemnify and hold MotorMedley.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
15. Modifications and Interruption to Service
MotorMedley.com reserves the right to modify or discontinue the Service with or without notice to the Member. MotorMedley.com shall not be liable to Member or any third party should MotorMedley.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that MotorMedley.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
16. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
17. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While MotorMedley.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
MotorMedley.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
18. Governing Jurisdiction of the Courts of Wisconsin
Our website is operated and provided in the State of Wisconsin. As such, we are subject to the laws of the State of Wisconsin, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Wisconsin.
19. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
20. Botnets
MotorMedley.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, MotorMedley.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
21. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by MotorMedley.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
22. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 MotorMedley.com, with all rights reserved, or is the property of MotorMedley.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MotorMedley.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of MotorMedley
23. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, MotorMedley.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
214 S. Maple St.
Kimberly, WI 54136
By Email:
MotorMedley.com Customer Service.