Terms of service
Goodguys Merchandise, LLC Terms of Service (TOS)
Last Updated Nov 1, 2019
Please read these terms of service carefully before pursuing legal action. Be sure you understand them completely. Use of this site constitutes your agreement to be bound by and adhere to these terms of service.
Ownership of Content
Goodguys Merchandise, LLC digital properties may offer featured articles, pictures, information, digital images, games, surveys, contests and sweepstakes, advertising, logos, trademarks and other content (collectively referred to hereinafter as “Content”, but excluding specifically User Content as defined below) we hope will be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. Goodguys Merchandise, LLC makes no representations or warranties that the Content is available, appropriate or legal to access. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via this site is owned by Goodguys Merchandise, LLC or used with authorization. Please feel free to browse the site, but you must respect the rules and restrictions set forth in these “TOS” and our intellectual property rights as set forth in these “TOS”. Please note that downloading software, information, data or images from this site does not give you title or other rights to such Content.
Restrictions on the Use of the Site.
As a condition of using this site, you agree that you will not:
(a) Without the prior written consent of Goodguys Merchandise, LLC, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
(b) Submit, display, or transmit any User Content (as hereinafter defined) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(c) Submit, display, or transmit any User Content that exceeds Goodguys Merchandise, LLC’s capacity limits or for which you do not own or have the necessary and appropriate rights;
(d) Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
(e) Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the site;
(f) Use the site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;
(g) Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;
(h) Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the site; or
(i) Monitor or copy Content.
Site Security Use Restrictions
Goodguys Merchandise, LLC takes the security of this website and its other websites seriously. Therefore, in addition to the restrictions set forth above, you may not:
(a) interfere or attempt to interfere with the proper working of this website or any activity or service on this website by using any robot, “bot”, spider, crawler, engine, device, software, tool, routine or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity which interferes with the proper working of or access to this site or to any host or network;
(b) attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;
(c) access or attempt to access any system or servers on which the site is hosted or modify or alter the site in any way;
(d) upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;
(e) restrict or prevent any other user from using the site and/or any products, services, or Content posted on or offered through the site;
(f) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
(g) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service;
(h) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service;
Goodguys Merchandise, LLC reserves the right to investigate any violations of its system, network or website security, to involve and cooperate with law enforcement authorities in investigating such violations, to bring civil action, and to prosecute violators to the fullest extent of the law.
Compliance with Intellectual Property Laws
When accessing the site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the service and the site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
Copyright to all Content on the site is either owned by Goodguys Merchandise, LLC or is licensed to Goodguys Merchandise, LLC. No Content or other material from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages and other penalties. The use of any such material on any other website or networked computer environment is prohibited without the express written permission of Goodguys Merchandise, LLC.
Automotive Images, Copyright [1997 – current year] Goodguy Merchandise, LLC All Rights Reserved. The automotive images contained herein are owned by Goodguys Merchandise, LLC and are protected under United States and international copyright law. Access to and use of these images is restricted by terms and conditions of a separate license agreement. Any unauthorized use, reproduction, distribution, recording or modification of these images is strictly prohibited.
Procedures for Making Copyright Infringement Claims.
Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to investigate and respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, please notify our designated DMCA Officer immediately at: email@example.com or by mail at Goodguys Merchandise, LLC at 1071 Serpentine Ln, Pleasanton, CA 94566, Attention: Goodguys Merchandise, LLC. DMCA Notices must be in writing and must include the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
b) a description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
c) the URL of the site and a description of where the material that you claim is infringing is located on that site;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that all the information in your Notice is accurate, and that you are either the copyright owner or authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed.
Trademarks and Proprietary Rights Notices
All trademarks, logos, trade names or service marks (collectively the “Marks”) mentioned, used, or displayed on this site are either owned by Goodguys Merchandise, LLC or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of Goodguys Merchandise, LLC. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through this site or any other Goodguys Merchandise, LLC website.
Some of our sites allow users to post, download, submit, transmit, display, or otherwise distribute information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”). By posting User Content on this site or any Goodguys Merchandise, LLC website, you hereby grant Goodguys Merchandise, LLC, its affiliates, officers, directors, employees, consultants. Agents, and representatives an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, world-wide, and perpetual license to copy, transmit, reproduce, edit, translate, reformat, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from Goodguys Merchandise, LLC in connection with Goodguys Merchandise, LLC’s exercise of its license rights in and to the User Content you have posted on this site or any other Goodguys Merchandise, LLC website. You will not be compensated for any User Content. You acknowledge and agree that Goodguys Merchandise, LLC is under no obligation of confidence to you, and may publish or otherwise disclose your name in connection with the Use Content, and Goodguys Merchandise, LLC shall not be liable for any use or disclosure of any User Content. By posting the User Content on any site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.
Goodguys Merchandise, LLC has no obligation to monitor this site or any portion thereof. However, Goodguys Merchandise, LLC reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Goodguys Merchandise, LLC has no obligation to display or post any User Content. Goodguys Merchandise, LLC reserves the right to disclose, at any time and from time to time, any information or User Content that Goodguys Merchandise, LLC deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. Goodguys Merchandise, LLC shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this site.
You must be 18 years of age or older to subscribe to a magazine, publication or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our sites. By registering at this site, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual site and vendor policies.
Some Goodguys Merchandise, LLC sites also offer e-commerce opportunities. Different sites may offer different options for visitors to purchase products or services either from Goodguys Merchandise, LLC or from a third party (see Section 9 below concerning Third Party Sites). Goodguys Merchandise, LLC does not guarantee that you will be satisfied with products or services purchased from us. Goodguys Merchandise, LLC does not design, make, or manufacture products sold online, and only sells, distributes or ships products from its own online stores. Quantities of some items may be limited, and delivery may not be available in your area. All orders are subject to prior sale. Neither Goodguys Merchandise, LLC nor its vendors guarantee that all orders will be filled.
Subscriptions and other services requiring payment generally require use of a valid credit card or debit card. Goodguys Merchandise, LLC and its subsidiaries, affiliates or partners reserve the right, in their sole discretion, to establish other acceptable alternative payment methods for specific services or products. You are solely responsible for charges owed for all goods and services purchased through this site, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs.
Links and Third-Party Sites
This Website may contain links to and from third-party sites, including but not limited to sites operated by advertisers, vendors, and/or promotional or business partners. Sites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each site to be sure you understand the terms, conditions, policies and requirements of that site. Goodguys Merchandise, LLC does not endorse, and the inclusion of any link on this site does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and Goodguys Merchandise, LLC has not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. Goodguys Merchandise, LLC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Goodguys Merchandise, LLC has no control over, and no liability for any third party websites or materials, including, but not limited to: (a) the quality, safety or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or (b) the content of, or any products or services offered by, websites operated by third-parties. Goodguys Merchandise, LLC does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers or other third parties that link to or from any Goodguys Merchandise, LLC website. You acknowledge and agree that Goodguys Merchandise, LLC has not reviewed all of the sites linked to or from this website, does not endorse such sites, is not responsible for such sites, and under no circumstances shall be liable for the contents, products or services of any off-site pages or of any third-party sites linked to or from this website. You're linking to any other off-site pages or other sites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery schedules, and for return policies.
Community Code of Conduct
Some websites operated by Goodguys Merchandise, LLC may offer community features, such as internal messaging systems, bulletin boards, forums, or chat rooms. We do monitor, filter, censor, edit or regulate information and content provided by third parties on this website and other Goodguys Merchandise, LLC websites, including information provided in community areas, although we reserve the right to do so in our sole discretion, with or without notice. Goodguys Merchandise, LLC does not endorse or warrant the accuracy or reliability of User Content posted or uploaded by users or third parties. You agree that neither Goodguys Merchandise, LLC nor its officers, directors, employees, agents, licensors or licensees are responsible for any User Content and agree to hold them harmless from any liability associated with such User Content posted by other users and other third parties.
When participating in community areas of this website, you represent and warrant that you have the right and authorization to use any User Content you upload or post, and you hereby assign those rights to Goodguys Merchandise, LLC in accordance with these “TOS”. In addition to complying with the restrictions set forth in Section 2 of these “TOS”, you further represent and warrant that you will abide by the following rules:
(a) You will not use this website to further any illegal purpose, to violate the rights of any party, or to damage any person or property.
(b) You will not make available any Use Content that is libelous, defamatory, obscene, pornographic, abusive, or threatening.
(c) You will not make any Use Content available that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state national, or foreign law or regulation.
(b) Except as specifically authorized on certain Goodguys Merchandise, LLC websites and in designated classified ads sections of Goodguys Merchandise, LLC websites, you will not: (i) upload or otherwise post User Content with a commercial purpose, including, but not limited to, offers to sell products or services or attempts to solicit funds or to advertise products or services; (ii) post or upload User Content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unsolicited commercial advertisement, behavioral or viral marketing, or other spam; (iii) or e-mail such User Content to other users who have not indicated in writing that it is ok to contact them about other commercial services, advertisements, products or commercial interests; or (iv) post or upload User Content that includes links to commercial services or websites.
(c) You will not post or upload User Content that impersonates any person or entity, including, but not limited to, a Goodguys Merchandise, LLC employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
(d) You will not post or upload User Content that includes personal or identifying information about another person without that person’s explicit consent.
(e) You will not post or upload User Content that is false, deceptive, misleading, deceitful, mis-informative, or constitutes “bait and switch.”
(f) You will not post or upload User Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
(g) You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from any Goodguys Merchandise, LLC website.
(h) You will not repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
(i) You will not use any form of automated device or computer program that enables the submission of postings or User Content on any Goodguys Merchandise, LLC website without each posting being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
(j) You will not use a Posting Agent to post User Content to any Goodguys Merchandise, LLC website.
(k) You will not engage in harassing, bullying, or threatening behavior, and do not incite others to engage in these activities. Anyone using our Services to single someone out for malicious abuse, to threaten someone with serious harm, to sexualize a person in an unwanted way, or to harass in other ways may have the offending content removed or be permanently banned from using the Services. In emergency situations, we may escalate imminent threats of serious harm to law enforcement. Keep in mind that online harassment is also illegal in many places and can have serious offline consequences for both the harasser and the victim.
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Limitation of Warranties
GOODGUYS MERCHANDISE, LLC HEREBY DISCLAIMS ALL WARRANTIES. GOODGUYS MERCHANDISE, LLC. IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOODGUYS MERCHANDISE, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. GOODGUYS MERCHANDISE, LLC DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
GOODGUYS MERCHANDISE, LLC’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOODGUYS MERCHANDISE, LLC BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY GOODGUYS MERCHANDISE, LLC. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Further, neither Goodguys Merchandise, LLC nor any of its affiliates, parents, subsidiaries, officers, directors, employees, representatives, agents, licensors or licensees shall be liable for any losses you might sustain by engaging in transactions with buyers or sellers who you meet as a result of classified advertisements posted on any Goodguys Merchandise, LLC website. Some states do not allow the limitation of liability, so check local laws.
Some of our websites provide a forum (such as classified advertisements) in which sellers and buyers may be connected. By engaging in transactions with buyers or sellers that you meet via one of our websites, you proceed solely at your own risk and you agree that Goodguys Merchandise, LLC is not responsible for any losses that you might sustain as a result of your transactions with such buyers and sellers. You should not engage in any transaction with a person with whom you are not comfortable or whom you suspect might be engaged in improper or questionable conduct. Please be aware that Goodguys Merchandise, LLC, through certain of its websites, merely provides a forum in which buyers and sellers can connect. Neither Goodguys Merchandise, LLC nor its websites posting classified advertisements facilitate any transaction, insure any transaction, or act as an intermediary, broker, or escrow agent in connection with such buyer-seller transactions.
You should be very careful before you send money to any seller posting an advertisement on one of our sites. In particular, we urge you to use reputable and well known money-transfer services and on-line merchant account services (such as PayPal) in engaging in transactions with sellers of goods advertised on one of our websites. We urge you to proceed with extreme caution in using such money transfer services, and under no circumstances should you deliver cash to a money transfer service with instructions to disburse the funds to an alleged agent of Goodguys Merchandise, LLC or the website on which the classified advertisement was posted. Again, neither Goodguys Merchandise, LLC nor its websites posting classified advertisements act as a transaction intermediary or escrow agent, and you should not do business with any seller who directs you to work with an employee or agent of Goodguys Merchandise, LLC or the applicable website in completing the transaction.
Indemnity and Hold Harmless
Termination of Services
Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the site, you must provide all notices or complaints to Goodguys Merchandise, LLC via e-mail to firstname.lastname@example.org or mail at Goodguys Merchandise, LLC, 1071 Serpentine Ln, Pleasanton, CA 94566. All notices from Goodguys Merchandise, LLC to you will be sent to the e-mail address you provide to us. Notice shall be deemed given twenty-four (24) hours after the e-mail is sent, unless we are notified that the e-mail address is invalid. Goodguys Merchandise, LLC reserves the right to send you notice by mail via overnight carrier (with tracking), postage prepaid, to the address you provided to us during any ordering or registration process. In such event, notice shall be deemed given three (3) days after the date of mailing.
Modifications to these Terms of Service
Goodguys Merchandise, LLC reserves the right, in its sole discretion, to change, modify, add, or remove portions of these “TOS” at any time, so please check this site or any other Goodguys Merchandise, LLC website you use periodically for changes. Changes to these “TOS” shall be effective upon posting. Continued use of the site following the effective date of any changes to these “TOS” constitutes your acceptance of those changes.
California Use Only
The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. COPYRIGHT. All contents of Site or Service are: Copyright © 2020 Goodguys Merchandise, LLC, 1071 Serpentine Ln, Pleasanton, CA 94566. All rights reserved.
(a) Severability. If any provision of these “TOS” is held to be invalid or unenforceable, it shall be stricken without affecting the validity of the remaining portions of these “TOS”. Headings are for convenience only; and are not intended to in anyway to confine, limit, construe or describe the scope or extent of such section.
(b) No Waiver. No waiver by Goodguys Merchandise, LLC of any breach of these “TOS” by you shall constitute a waiver of this or any other provision of these “TOS” or alter or limit our right to act with respect to subsequent or similar breaches.
(d) No Agency. You acknowledge and agree that Goodguys Merchandise, LLC, in providing this site, is not acting for or on behalf of either you, or any vendor, business or promotional partner, or advertiser. You and our vendors, business or promotional partners and advertisers are independent contractors. No agency, fiduciary, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by these “TOS” between Goodguys Merchandise, LLC and either you or any vendor, business or promotional partner or advertiser at this site.
(e) Governing Law/Venue. Your use of this website and any dispute arising out of or relating to your use of this website will be governed by the laws of the State of California, irrespective of its conflicts of laws provisions. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Alameda County, California, USA in all disputes arising out of or related to the use of the Site or Service. However, in the event that Goodguys Merchandise, LLC wises to pursue injunctive or other equitable relief as a result of your violation of these “TOS” and/or your infringement of Goodguys Merchandise, LLC’s intellectual property rights, Goodguys Merchandise, LLC may bring legal action against you in any federal or state court having jurisdiction.
Last Update Nov 1, 2019