Because You Want It - Terms Of Use
The content and services provided by BecauseYouWantIt.com web site ("Site") is offered to you, the user, conditionally upon your acceptance of the
terms and conditions contained or incorporated herein and any additional terms and conditions, agreements and notices that may apply. Your use of
the site implies your agreement to these terms and conditions. By using this Site, you agree to these Terms of Use ("Terms of Use"), as well as any
other terms, guidelines or rules that are applicable to any portion of this Site, without limitation or qualification.
Privacy
BecauseYouWantIt.com respects the privacy of users of its Site. Please refer to our Privacy Policy for information by
clicking here.
Copyright
All content, text, images and other materials on the Site are protected by U.S. copyright laws and therefore, may not be used except with our
express written consent. Unless otherwise agreed in writing by us, you may not copy or otherwise use any content (text, images or other materials)
on this Site. You must keep intact and may not alter any copyright or other proprietary notices offered via this Site.
Trademark
All trademarks, service marks, and trade names that appear on this Site are proprietary to their respective owners.
Modification of These Terms & Conditions
We reserve the right to change, modify, alter, or update the terms, conditions and notices under which this Site is offered and the services,
features, links, content, information and any other materials offered via this Site at any time and from time to time without notice or further
obligation to you except as may be provided therein. By your continued use of the Site following such modifications, alterations or updates, you
agree to be bound by such modifications, alterations, or updates.
Third Party Content, Sites, & Services
BecauseYouWantIt.com may contain links to web sites operated by third parties other than BecauseYouWantIt.com. Such links are provided for your
reference and convenience only. The inclusion of these links does not imply any endorsement of the material or services offered on such web sites.
BecauseYouWantIt.com is not responsible for the contents of these web sites and if you decide to access any third party websites, you do so entirely
at your own risk, and you will be subject to the terms and conditions and privacy policies of such websites.
Registration and Passwords
Certain areas of the Site require you to open an account to gain access to these areas. When registering an account, you agree to provide complete
and accurate information as requested. You acknowledge and agree that any login, identifier and password issued in connection with this Site are
considered confidential and you agree to maintain the confidentiality of such information. You further acknowledge and agree that BecauseYouWantIt.com,
in its sole discretion, may suspend, disallow, and/or refuse any and all current and future access to any portion of this Site at any time with or
without notice to you.
Content
Through the use of this site, you understand and agree that all content (postings, email, images, text, sounds, video, etc) posted on, transmitted through
or linked from this site and/or service, are the sole responsibility of the persons or individuals from which the content originated. Additionally, and/or more
specifically, you understand and agree that you will assume all responsibility for any content you post to this site. BecauseYouWantIt.com makes no
representation or warranty as to the accuracy, completeness or authenticity of the information contained on site. You agree that you must evaluate, and
bear all risks associated with, the use of Content, that you may not rely on said Content, and that under no circumstances will BecauseYouWantIt.com or its
parent company (Tracy & Price, LLC) be liable in any way for the use of any Content posted, emailed or otherwise made available via the Service.
BecauseYouWantIt.com cannot be held responsible, and disclaims all liability in connection with, the use of any information that you post or display
on this Site. Most of our forums are moderated, even so, you should use caution when posting any information, including proprietary information and
personally identifiable information, to this Site. You further acknowledge and agree
NOT to post, email, or make available any content
that:
(a) is harmful, unlawful, threatening, abusive, invasive of anothers privacy, harassing, libelous, maligning, lude, vulgar, or that contains nudity or sexualy
explicit content, or that can be considered harmful to minors.
(b) harasses, degrades, intimidates or is hateful on the basis of culture, religion, gender, sexual orientation, race, ethnicity, age, or disability.
(c) promotes, constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain letters", "pyramid schemes", or
any unsolicited commercial advertisements.
(d) contains foul or derogatory language.
(e) is false, deceptive, misleading, deceitful, or contains any illegal activity.
(f) contains any software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any software, hardware, or
telecommunications equipment.
(g) advertises any illegal service or the sale of any items that are prohibited or restricted by any applicable law, including without
limitation, items which are prohibited or regulated by Colorado law.
Additionally, you agree to hold BecauseYouWantIt.com harmless in the event of any legal action sought against you due to your behavoir on this Site.
You also agree to refrain from contacting anyone who has asked not to be contacted, and to refrain from collecting personal data about other users for
commercial or unlawful purposes. BecauseYouWantIt.com reserves the right to suspend, disallow and/or refuse access to the Site for any
infraction thereof.
Monitoring
BecauseYouWantIt.com has no obligation or legal requirement to monitor this Site or any portion thereof. However, we reserve the right to review any
content, text, images, files, information or other materials submitted to or posted on this Site. Further, we reserve the right to remove, delete and/or
otherwise modify any such content, text, images, files, information or other materials submitted to or posted on this Site, in our sole discretion,
with or without notice or further obligation to you. BecauseYouWantIt.com does not endorse any content, text, images, files, information or other materials
submitted to or posted on this Site that is not directly produced by BecauseYouWantIt.com.
BecauseYouWantIt.com has no obligation to display or post any content, text, images, files, information or other materials provided by you. We reserve
the right to disclose any information or any content, text, images, files, information or other materials submitted to or posted on this Site or
identifying information of the submitter or poster that BecauseYouWantIt.com deems necessary and/or appropriate to satisfy applicable law, regulatory,
contract obligation, legal, dispute process or government request. We assume none and shall not have any liability in connection with any content,
text, images, files, information or other materials submitted, transmitted via this Site, or displayed on this Site, regardless of whether provided
by BecauseYouWantIt.com or any other party.
NO SPAM POLICY
You understand and agree that sending unsolicited email and/or advertisements to BecauseYouWantIt.com email addresses which is expressly prohibited by
these TOU, will use or cause to be used servers located in Arizona and Colorado. Any unauthorized use of BecauseYouWantIt.com computer systems is a
violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. #1030 et seq.),
and other criminal laws State and Federal, and may also result in civil liability. Such violations may subject the sender and his or her agents to
civil and criminal penalties.
Indemnification
You agree to indemnify, defend and hold harmless BecauseYouWantIt.com, its parent company (Tracy & Price, LLC), and their affiliates, respective
officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from: (1) your use of the Site, including, without limitation any content, images, information or other
materials submitted or transmitted by you via the Site, (2) any use of any Password chosen by or issued to you, or (3) any violation by you of:
(a) these Terms of Use, (b) any other terms, guidelines or rules applicable to the Site, (c) any rights of any other person or entity, and (d)
and any applicable laws, rules or regulations.
Enforcement
You hereby agree that the exclusive venue for all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court
hearings and other hearings initiated by you will be Larimer County, Colorado, USA. These Terms of Use and the relationship between you and
BecauseYouWantIt.com will be governed by the laws of the State of Colorado as if you signed these Terms of Use in Colorado. The provisions of these
Terms of Use which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only
to the extent such provisions are inconsistent.
Limitation of Liability
YOU AGREE THAT THE USE OF BECAUSEYOUWANTIT.COM SITE IS ENTIRELY AT YOUR OWN RISK, THAT NEITHER BECAUSEYOUWANTIT.COM NOR ITS CONTRIBUTORS WILL BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY KIND, EVEN IF
BECAUSEYOUWANTIT.COM OR A CONTRIBUTOR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE,
OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO ACCESS OR USE THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE
FROM THIS SITE, REGARDLESS OF WHETHER SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED BY BECAUSEYOUWANTIT.COM OR ANY THIRD PARTY. FURTHERMORE,
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BECAUSEYOUWANTIT.COM AND ITS CONTRIBUTORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO SUCH INFORMATION, SERVICES, AND MATERIALS, WHETHER PROVIDED OR OWNED BY IT OR THEM OR BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, BECAUSEYOUWANTIT.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND
MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, AND YOU MAY NOT RELY ON THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE.
THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Liability Disclaimer
ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL OR EDUCATIONAL PURPOSES ONLY AND DOES NOT
IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN BECAUSEYOUWANTIT.COM AND YOU, EXCEPT FOR THESE TERMS OF USE AND THE BECAUSEYOUWANTIT.COM
PRIVACY POLICY. WITHOUT LIMITING THE FOREGOING, THE INFORMATION AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. BECAUSEYOUWANTIT.COM AND/OR ITS RESPECTIVE CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THIS SITE AT ANY TIME. BECAUSEYOUWANTIT.COM AND/OR ITS RESPECTIVE CONTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY AND
COMPLETENESS OF THE INFORMATION AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. AS A CONDITION OF YOUR USE OF THIS SITE, YOU WARRANT TO BECAUSEYOUWANTIT.COM THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE
THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS, CONDITIONS, AND NOTICES.
Vehicles
NONE OF THE VEHICLES LISTED IN OUR CLASSIFIED SECTION ARE OWNED BY BECAUSEYOUWANTIT.COM. BECAUSEYOUWANTIT.COM OFFERS NO
EXPRESS OR IMPLIED WARRANTY ON ANY VEHICLE. VEHICLES DISPLAYED FOR SALE ON BECAUSEYOUWANTIT.COM AND/OR PARTNER, DEALER OR INDEPENDENT PROVIDER WEB
SITES MAY BE SOLD WITH OR WITHOUT WARRANTY FROM THE OFFERING/SELLING DEALER (EACH, A "DEALER"). UNLESS STATED OTHERWISE, ALL VEHICLES ARE SOLD "AS-IS",
WITH ALL FAULTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED REPRESENTATIONS REGARDING A VEHICLE ARE THAT OF THE SELLING DEALER
AND NOT BECAUSEYOUWANTIT.COM.
General Conditions
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 above, 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 this agreement shall continue in effect.