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Terms and Conditions

Visitor Agreement

Effective Date: April 15, 2016

 

Thank you for your interest in Hofmann Architecture’s Vessel Listings. In this Visitor Agreement, the terms “HOFMANN “we,” “us,” and “our” refer to HOFMANN INC and www.hofarc.com, and the terms “you” and “your” refer to you as a user of this our websites, mobile and other online applications and products and services (collectively, “the “HOFMANN Sites”).

 

  1. General Provisions

By using this website, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and HOFMANN; please read it carefully. When using this website, you may be subject to other posted terms and guidelines applicable to certain services available on this website. All terms and guidelines on this website, including our Privacy Statement, are part of this Visitor Agreement. Unless explicitly stated otherwise, any features or services available at any time on this website are subject to this Visitor Agreement. Accessing this website in any manner, even through automated means, constitutes your use of the website and your agreement to be bound by this Visitor Agreement. HOFMANN may change the terms of this Visitor Agreement from time to time and will revise the effective date when it does so. Your continued use of this website after the posted effective date constitutes your agreement to be bound by this Visitor Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. HOFMANN may change, restrict access to, suspend, or discontinue this website, or any portion thereof.

 

The material that appears on this website is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the site may, from time to time, contain errors. Our site includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this website, and you should not rely on it without independent verification.

 

We invite you to bring to our attention any materials or information on our website that you believe to be inaccurate. Please forward a copy of the materials or information to our Customer Service Department, along with an explanation of the inaccuracies.

 

  1. Buying and Selling Vehicles

HOFMANN and Hofarc.com provides vehicle listing services and information services that brings together buyers and sellers. HOFMANN is not a party to any transaction between vehicle buyers and sellers that originates on or through this website. Information about a particular vehicle is supplied by the seller, not by HOFMANN or Hofarc.com. 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 Hofarc.com will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. When using this website to find a buyer for your vehicle or a vehicle to purchase, we urge you to use the same common sense and good judgment you would use in selling a vehicle through, or responding to, a classified ad in the newspaper.

 

There is no substitute for healthy skepticism and your own good judgment.

 

Buying a Vehicle: The prices listed by sellers on Hofarc.com often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing, and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Before purchasing a vehicle or any other good or service you have read about on Hofarc.com, you should confirm with the seller any information, including the price, which is important to your purchasing decision. HOFMANN and Hofarc.com is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services listed or researched on Hofarc.com.

 

III. Ownership and Permissions

The Hofarc.com website is provided to our end users for their personal, non-commercial use only. The materials on this website are the property of Hofarc.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Visitor Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this website. You may display and occasionally print a single copy of any page of this website for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this website without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on this website, in any form (including electronic form), without prior written permission from the owner of such materials.

 

You are free to establish a hypertext link to this website so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by HOFMANN or Hofarc.com or any of our affiliates. However, without our prior written permission, you may not frame any of the content of Hofarc.com, nor incorporate into another website or service any intellectual property of HOFMANN or Hofarc.com or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in this Visitor Agreement should be sent to our Customer Service Department.

 

You acknowledge that by transmitting or posting any material on or through our website, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the website. Among other uses of user materials, Hofarc.com uses listings data to derive useful information (such as vehicle valuation information) for display, sale and distribution.

 

  1. User Content

Our website allows users to publish listings, ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Visitor Agreement and to the policies of their third-party providers.

 

You assume total responsibility and risk for your use of any interactive areas of our website. You acknowledge that any of the user-generated content posted or transmitted through our website represents the views of the author, and not of HOFMANN or Hofarc.com. You also acknowledge that your use of or reliance on such content is at your own risk.

 

When publishing anything to our site or using any social media tools or interactive features, you agree that you will not post or transmit:

-Any copyrighted material unless you own or control the copyright in and to such material;

-Material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation; material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;

-Profanity in subject lines, messages, or signatures;

-Any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;

-Material that breaches another’s privacy, i.e., containing phone numbers, addresses, or other personal information;

-Spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;

-Material that contains advertisements or commercial solicitations; or

material discussing illegal activities or linking to websites that deal with such activities.

 

You further agree that you will not attempt or do any of the following:

interfere with or disrupt the Hofarc.com website or our computer systems, servers, or networks;

-Attempt to gain unauthorized access to any part of the website, to accounts that belong to other users, or to computer systems or networks connected to the website;

-Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise;

-Collect information about others without their consent;

-Interfere with the use of our website by any other individual or party;

-Impersonate any person, or otherwise attempt to mislead others about your -Identity, or post material under secondary user names or other aliases; or

share any user name and/or password you have on our website with any other persons.

 

Without limiting any of Hofarc.com’s other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on Hofarc.com or on our affiliated websites and services, and/or a ban from creating new accounts.

 

Although Hofarc.com cannot monitor all of the listings and content posted to our website, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Visitor Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to our website, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, Hofarc.com takes no responsibility and assumes no liability for any content posted to our website by you or by third parties.

 

  1. Termination

You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of our website to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this Visitor Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the website, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the website or any part of the website.

 

  1. Disclaimer of Warranties, Limitation of Liability, and Indemnification

IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, 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 ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED TO YOU “AS IS.” HOFMANN AND HOFARC.COM 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 WEBSITE (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THIS WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOFMANN AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS WEBSITE BY YOU OR ANY THIRD PARTY.

 

UNDER NO CIRCUMSTANCES WILL HOFMANN OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF HOFMANN AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THIS WEBSITE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.

 

YOU AGREE TO INDEMNIFY HOFMANN AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE OR ANY BREACH OF THIS VISITOR AGREEMENT.

 

VII. Registration

To obtain access to certain Hofarc.com services (for instance, to manage your private seller listing on our site), you may be required to register on our website. As part of the registration process, you will be required to 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 register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing Hofarc.com through any username/password assigned to you. You will notify Hofarc.com’s Customer Service Department of any known or suspected unauthorized use of your account via email.

 

HOFMANN and Hofarc.com reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Statement.

 

VIII. Notice of Copyright Infringement

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Hofarc.com website the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

 

  1. Miscellaneous

We want potential buyers visiting Hofarc.com to feel free to share their email addresses with those listing vehicles for sale on our website. By accessing this website, you agree not to use information concerning other users of Hofarc.com, or the vehicles they have listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle.

 

This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of California, without regard to its choice of laws rules. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Santa Barbara County, California in all disputes arising out of or relating to this Visitor Agreement or the use of this website.

Please report any violations of this Visitor Agreement to our Customer Service Department.

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