Thank you for visiting this Apezilla.com! The Terms and Conditions that apply to your access to and/or your use of Apezilla.com are set forth in the following paragraphs. In addition, all information, products and services available through Apezilla.com and our use of any user information that you submit to us or post on Apezilla.com will be clearly defined below.
Eligibility And Authorized Use
Use of Apezilla.com is limited to persons who may lawfully enter into and form contracts under applicable law. For example, minors are not allowed to enter bid contracts. By using Apezilla.com, you warrant or certify that:
Notwithstanding the foregoing or any other provision of these Terms and Conditions, Apezilla.com reserves the right to refuse service to anyone, for any reason, at its sole discretion.
By using Apezilla.com, either by posting units for sale or attempting to purchase items through Apezilla.com, you accept and agree to all of the Terms and Conditions set forth in our Terms and Conditions sections below, which form a legally binding agreement between you and Apezilla.com.
A. Modifications to Terms and Conditions
Apezilla.com reserves the right to change any of our Terms and Conditions as we determine appropriate by listing and posting such changes on Apezilla.com. Any changes, modifications, additions or deletions that Apezilla.com chooses to make shall be effective immediately upon those changes being posted on the Apezilla.com website unless otherwise indicated by Apezilla.com. Apezilla.com WILL NOT individually notify you that changes have been made, no matter the scope or importance of the changes that are made. It is your responsibility as a user of Apezilla.com to periodically review the Terms and Conditions of Apezilla.com in order to be fully aware of the terms and conditions that are applicable at the time of your most recent visit to Apezilla.com. Your use of Apezilla.com, any changes made to your individual user accounts, and/or your submission of offers on Apezilla.com will be deemed to constitute your agreement to, and acceptance of, any changes made to the content of the Terms and Conditions. Apezilla.com may incur functional and/or aesthetic issues, and thus we may occasionally restrict access to, suspend or discontinue Apezilla.com, or any portion of Apezilla.com, at any time and for any reason. Apezilla.com reserves the right to refuse service, terminate accounts, and/or cancel postings at our discretion. Apezilla.com may initiate any of these actions if we feel your conduct as a user of Apezilla.com violates applicable law or is harmful to Apezilla.com’s customers, partners, or affiliates
B. Ownership of Apezilla.com
Apezilla.com and all content displayed on Apezilla.com are owned by Apezilla.com and are protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including applicable trade secret laws. In addition, all data, code, and software used to develop and run Apezilla.com (including text, images, source code, copyrights, trademarks, embedded programs, and other intellectual property rights) are owned exclusively by Apezilla.com.
C. Your Apezilla.com Account
If you choose to become a member of Apezilla.com, it will be your responsibility to protect all of your account information, including but not limited to: passwords, screen names, addresses, personal financial information or any other private information that you provided when establishing your member account on Apezilla.com. In addition, you accept full responsibility for all actions conducted using your screen name and password. It is your responsibility to notify Apezilla.com immediately if you become aware of any unauthorized use of your account. You will be held liable for any damages or losses incurred by Apezilla.com, its members, or visitors to the Apezilla.com website that are due to the unauthorized use of your account.
D. Use of Apezilla.com
All material included and available through the Apezilla.com website is strictly informational in nature. All content included on Apezilla.com is provided for your personal, non-commercial use. APEZILLA.COM STRONGLY RECOMMENDS YOU USE THE INFORMATION PROVIDED ON THE WEBSITE AS A REFERENCE SOURCE ONLY. APEZILLA.COM ENCOURAGES YOU TO ENGAGE IN AMPLE RESEARCH BEFORE DECIDING TO MAKE AN OFFER ON OR PURCHASE AN ITEM. PLEASE REMEMBER THAT ANY INFORMATION PROVIDED ON APEZILLA.COM COMES FROM PRIVATE INDIVIDUALS AND, AS SUCH, YOUR RELIANCE ON THIS INFORMATION IS DONE SO AT YOUR OWN RISK. YOU AGREE THAT YOU ARE SOELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF INFORMATION CONTAINED ON APEZILLA.COM. In regard to classified advertisements available through Apezilla.com, you are aware that Apezilla.com does not sell the advertised items directly to the buyer and Apezilla.com is not involved, in any way, with the actual transaction between a buyer and a seller. Thus, Apezilla.com does not warrant, guarantee, or insure any of the items listed on Apezilla.com nor do we guarantee, warrant, or insure any transaction resulting from the negotiation between buyer and seller. In addition, Apezilla.com does not aide in the collection process between buyer and seller. Apezilla.com does not act as an escrow agent, titling agent, warehouse agent, nor shipping agent related to the transfer of goods between the buyer and seller.
E. Links to Third Party Sites
Apezilla.com may contain hyperlinks to web sites of affiliates and advertisers. These linked sites provide services of affiliates and advertisers who are independent of Apezilla.com. Apezilla.com provides these links to you solely as a convenience, and the inclusion of any link does not imply endorsement by Apezilla.com of the site or any association with its operators. The linked sites are not under the control of Apezilla.com and Apezilla.com is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Apezilla.com is not responsible for web casting or any other form of transmission received from any linked site.
F. INFORMATION AND DATA SECURITY
Apezilla.com has instituted what we feel are reasonable procedures to safeguard your information and help prevent unauthorized use of your information when you are on Apezilla.com. While we have security measures in place on Apezilla.com, we do not warrant or guarantee the absolute safety and security of confidential and personal data on the Internet.
G. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Apezilla.com, you warrant that you will not use Apezilla.com for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use Apezilla.com.com in any manner that could damage, disable, overburden, or impair Apezilla.com or any user of Apezilla.com, or interfere with any other party's use of Apezilla.com. It is your sole responsibility to determine whether the purchase of any listed item is legally permissible.
H. USER CONTENT
You hereby grant Apezilla.com royalty‑free, irrevocable, perpetual, non‑exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, prepare derivative works from, publicly display, publicly perform and distribute any and all information you provide to Apezilla.com.
I. USE OF INFORMATION PROVIDED BY USERS TO APEZILLA.COM
When you register to become a user of Apezilla.com, you provide us with information about you. Apezilla.com’s primary goal in collecting information is to facilitate the sale of an item listed on the Apezilla.com website. Apezilla.com provides buyers and sellers the information necessary to facilitate the sale or auction transaction between the buyer and seller. Apezilla.com may disclose from time to time aggregated user statistics that do not identify individual users in order to describe our services to prospective partners, advertisers, and other third parties, and for other lawful purposes. Apezilla.com may disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating Apezilla.com's Terms and Conditions or may be causing injury to or interference with (either intentionally or unintentionally) Apezilla.com's rights or property, other Apezilla.com users, or anyone else that could be harmed by such activities. Apezilla.com may disclose account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.
J. VIOLATION OF TERMS AND CONDITIONS
Apezilla.com reserves the right to disclose any and all information you provide us as a user if we determine such disclosure is relevant to any investigation regarding your use of Apezilla.com. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. You acknowledge and agree that we may preserve and store any communication by you with us through Apezilla.com or any service offered on or through Apezilla.com and may also disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary. Without limiting any other provision of these Terms and Conditions, you agree that we may, without prior notice, terminate your access to Apezilla.com and/or block your future access to Apezilla.com if we determine that you have violated these Terms and Conditions
K. GOVERNING LAW
This Agreement is governed by the laws of the Commonwealth of Minnesota, located in the United States of America. You hereby consent to the exclusive jurisdiction and venue of courts in Washington County, Minnesota, U.S.A., in all disputes arising out of or relating to the use of Apezilla.com. Use of Apezilla.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Apezilla.com as a result of this Agreement or your use of Apezilla.com. Apezilla.com's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Apezilla.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Apezilla.com or information provided to or gathered by Apezilla.com with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Apezilla.com with respect to Apezilla.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Apezilla.com with respect to Apezilla.com. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
L. NO PROFESSIONAL ADVICE
Any information supplied by any employee or agent of Apezilla.com, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the buying and selling services offered through Apezilla.com, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
M. NO WARRANTY
Apezilla.com provides all products and services "as is" and without any warranty or representation as to condition, express or implied. Apezilla.com does not hold ownership right in any items placed for sale on Apezilla.com and thus shall not be held liable for any misrepresentations or errors that may be posted on Apezilla.com. All implied warranties of title, merchantability, fitness for a particular purpose and non-infringement are specifically disclaimed unless otherwise stipulated by law. Inspect vehicles closely for year, make, and condition before bidding or purchasing. Apezilla.com does not guarantee vehicles; rather the buyer is responsible to verify condition & mileage. Years, mileage, and all other related information posted are not guaranteed by Apezilla.com and it is the users responsibility to proceed through the buying and selling process at their own risk.
N. NO GUARANTEE OF CONTINUOUS OPERATION
Apezilla.com will endeavor to use diligent and reasonable efforts to maintain the security and operational integrity of the website. However, numerous factors outside the control of Apezilla.com may interfere with the operation of its web site, and accordingly, Apezilla.com does not guarantee continuous, uninterrupted or secure access to its services.
Apezilla.com is not responsible for any communication or transaction amongst and between users. As a user, you agree to release, indemnify, defend and hold harmless Apezilla.com and its officers and employees from any and all claims, demands and damages (whether actual and/or consequential), including reasonable attorney's fees, resulting from or associated in any way with your use of Apezilla.com, your violation of this Agreement or any applicable laws or regulations, or your violation of any rights of another. Apezilla.com shall not have any liability for any omissions, errors, inaccuracies, or other defects in regard to information posted on Apezilla.com. If a buyer of your vehicle or any other party makes a claim against Apezilla.com because of issues that arise from the sale of your vehicle, you agree to indemnify, defend, and hold Apezilla.com harmless from any such claim and any proceeding, damages, losses, or costs that result from that claim. If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
P. RIGHT TO INDEPENDENT ACTION
Apezilla.com reserves the right, in its sole discretion, to take any independent action it concludes is necessary or desirable to protect the interests of Apezilla.com and eliminate or mitigate any potential liability or injury to any party which may arise.
Q. NO WAIVER
The failure of Apezilla.com to enforce any terms of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
Use of Apezilla.com and the information within for spamming is strictly prohibited. By using Apezilla.com, you agree to not use any information related to other users of Apezilla.com for any purpose not expressly permitted by these Terms and Conditions. You shall use all information contained on Apezilla.com for lawful purposes only.