TERMS OF USE FOR MYIFRSTMERC.COM a Division of KLEANCARS INDIA.COM
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY
VISITING OR USING THIS SITE, OR ANY PAGE OF THIS SITE, YOU AGREE TO BE
BOUND BY THESE TERMS OF USE, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT
CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND KLEANCARS INDIA. IF YOU
DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
Myfirstmerc.com, Inc all rights reserved 1999 - 2009
Myfirstmerc recognizes that "Mercedes", "Mercedes-Benz", the three
pointed star and various model numbers are registered trademarks of
Daimler AG. These terms are used for identification purposes only
KLEANCARS INDIA RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR
REVISE THESE TERMS OF USE. PLEASE CHECK THE TERMS PERIODICALLY FOR
REVISIONS AND UPDATES. YOUR CONTINUED USE OF THIS SITE AFTER THE
POSTING OF CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE
CHANGES.
1. General. This site is owned and operated by KLEANCARS INDIA Inc.
(KLEANCARS INDIA ). KLEANCARS INDIA has the right at any time to change
or discontinue any aspect or feature of the site, including, without
limitation, the content, hours of availability, and equipment needed
for access or use of the KLEANCARS INDIA .com Web site (the Site).
KLEANCARS INDIA also suggests that you review KLEANCARS INDIA
Privacy Statement, which applies to the information collected by
KLEANCARS INDIA during your visit and use of the Site, to get a better
understanding of KLEANCARS INDIA policies and procedures regarding the
collection and use of personal information.
Many if not most communications between KLEANCARS INDIA and you
will be sent and received electronically. You agree that all
agreements, notices, disclosures and other communications exchanged
between you and KLEANCARS INDIA electronically shall satisfy any legal
requirements that such communications be in writing.
2. Restrictions on Use. The Site contains copyrighted material,
trademarks, and other proprietary information, including, without
limitation, text, software, photos, graphics (the Content). The Content
of the Site, as well as the organization, layout, arrangement and
design elements of the Site and each individual page of the Site, are
the property of KLEANCARS INDIA and its affiliates and are protected by
India and international copyright, trademark and other applicable
intellectual property laws. You may not modify, publish, transmit,
display, participate in the transfer or sale, create derivative works,
or in any way exploit any of the Content, in whole or in part. Except
as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation
of downloaded material will be permitted without the express written
permission of KLEANCARS INDIA or the copyright owner. In the event of
any permitted copying, redistribution, or publication of copyrighted
material, no changes in or deletion of author attribution, trademark
legend, or copyright notice shall be made. You acknowledge that you do
not acquire any ownership rights by downloading or printing the
copyrighted material, or by using the Site or by ordering the Car
Program HOW to Buy cars -The Amatuers Guide are the property of
KLEANCARS INDIA
KLEANCARS INDIA offers you access to the Site and to the Content
available on the Site solely for your own personal and non-commercial
use. You may not resell or make any commercial use of the Site or the
Content. You may not make use of any product listings, descriptions, or
prices. You may not download or copy any account information for the
benefit of any other merchant. You may not make use of any robots,
spiders, or similar data mining, data gathering or extraction tools or
manual processes to collect, gather or copy any of the Content in an
unauthorized manner. You may not engage in the practices of screen
scraping, database scraping, or any other practice or activity the
purpose of which is to obtain lists of users, portions of a database,
or other lists or information from this Site, in any manner or in any
quantities not authorized by are the property of KLEANCARS INDIA . You
may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page
layout, or form) of KLEANCARS INDIA or its affiliates without prior
express written consent. You may not use meta tags or any other hidden
text utilizing of KLEANCARS INDIA name or trademarks without the
express written consent of KLEANCARS INDIA .
Systematic retrieval of the Content or other data from this Site to
create or compile, directly or indirectly, in whole or in part, a
collection, compilation, database or directory without the express
written permission of KLEANCARS INDIA is strictly prohibited.
You may not use the Site in any manner that could damage, disable,
overburden, or impair the Site or interfere with any other person's use
and enjoyment of the Site.
The foregoing provisions of Section 2 are for the benefit of of
KLEANCARS INDIA , its subsidiaries, affiliates, and its third party
content providers and licensors, if any, and each shall have the right
to assert and enforce such provisions directly or on its own behalf.
Illegal and/or unauthorized uses of this Site, including, but not
limited to, unauthorized framing of or linking to the Site, or
unauthorized use of any robot, spider, or other automated device on the
Site, or any manual process to monitor or copy any portion of the
Content, will be investigated and appropriate legal action will be
taken, including without limitation, civil and criminal proceedings,
and proceedings for restraining orders and injunctions.
3. Disclaimer of Warranty; Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
NEITHER KLEANCARS INDIA , ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT
THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE,
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, OR
MATERIALS PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY
OF THE AUTOMOBILES ABOUT WHICH INFORMATION IS POSTED ON THIS SITE. THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OR, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT KLEANCARS
INDIA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU
N NO EVENT WILL KLEANCARSINDIA, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED
THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN
NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS
OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KLEANCARSINDIA TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER
LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR ACCESSING THIS SITE OR OBTAINING ANY REPORTS OR OTHER
INFORMATION FROM THIS WEB SITE.
4. Indemnification. You agree to defend, indemnify, and hold
harmless KLEANCARSINDIA and its affiliates and their respective
directors, officers, employees, and agents from and against any and all
claims, actions, demands, damages, costs, liabilities, losses, and
expenses (including reasonable attorneys' fees) arising out of your use
of the Site or any information you obtain from the Site or its reports.
5. Trademarks and Patents. All trademarks and service marks of
KLEANCARSINDIA and its subsidiaries or affiliates displayed on the Site
are subject to state, federal, and/or international trademark
protection. Unless expressly authorized by KLEANCARSINDIA , you may not
use its trademarks or service marks with any product or service that is
not provided by KLEANCARSINDIA , or in any manner that is likely to
cause confusion among customers, or that might disparage or discredit
KLEANCARSINDIA .
All other trademarks appearing on the Site are the property of
their respective owners, including third-party providers of products
and services with links to and from the Site.
KLEANCARSINDIA , HOW TO BUY CARS-The Amateurs Guide , VEHICLE
HISTORY REPORT, are all trademarks of KLEANCARSINDIA , Inc. and are all
pending or registered in the India Patent and Trademark Office. One or
more India patents and patent applications apply to this Site,
including without limitation, India Patent . Unauthorized use of
patented technology and trademarks is strictly prohibited.
6. Third Party Content. Any information or content expressed or
made available by third parties, including information providers and
users, are those of the respective author(s) or distributor(s) and not
of KLEANCARSINDIA .
The Site contains links to third party web sites with which
KLEANCARSINDIA has linking arrangement but for which it does not
maintain control or assume responsibility. The inclusion of such a link
does not necessarily imply endorsement of such sites by KLEANCARSINDIA
or any association with the operators of such linked sites. Any
concerns regarding any such third party service or resource, or any
link thereto, should be directed to the particular service or resource.
In addition, KLEANCARSINDIA recommends that you review these sites'
terms of use and privacy policies.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
KLEANCARSINDIA Account Holders may post comments on KLEANCARSINDIA
via KLEANCARSINDIA Customer feedback Form, so long as the content is
not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of spam. You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead
as to the origin of the content. KLEANCARSINDIA reserves the right (but
not the obligation) to remove or edit such content, but does not
regularly review posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant KLEANCARSINDIA and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to
use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world
in any media. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the
content is accurate; that use of the content you supply does not
violate this policy and will not cause injury to any person or entity;
and that you will indemnify KLEANCARSINDIA or its affiliates for all
claims resulting from content you supply. KLEANCARSINDIA has the right
but not the obligation to monitor and edit or remove any activity or
content. KLEANCARSINDIA takes no responsibility and assumes no
liability for any content posted by you or any third party.
7. Viruses. KLEANCARSINDIA also assumes no responsibility, and
shall not be liable for, any damages to, or viruses that may infect,
your computer equipment or other property on account of your access to
use, of, or browsing in the Site or your downloading of any materials,
data, text, images, video, or audio from the Site.
8. Export Control. Software and other materials from this Site may
also be subject to India Export Control. The Indian Export Control laws
prohibit the export of certain technical data and software to certain
territories. No software from this Site may be downloaded or exported
(1) into (or to a national or resident of) Cuba, Iraq, Libya, Syria, or
any other country to which the India has embargoed goods; or (2) anyone
on the India Treasury Department's list of Specially Designated
Nationals or the Indian Commerce Department's Table of Deny Orders.
KLEANCARSINDIA does not authorized the downloading or exportation of
any software or technical data from this Site or its Membership CD to
any jurisdiction prohibited by the India Export Laws.
9. Business Associates. The business associates of KLEANCARSINDIA
identified on the Site, if any, are independent contractors of
KLEANCARSINDIA . The business associates known as affiliates are not
joint ventures or partners of KLEANCARSINDIA . No employee or
representative of the business associates is under the control of
KLEANCARSINDIA .
10. Changed Terms. KLEANCARSINDIA has the right at any time to
change or modify the terms and conditions applicable to use of the
Site, or Car Program/Membership CD/ How to Buy Cars any part thereof,
or to impose new conditions, including, without limitation, adding fees
and charges for use. Such changes, modifications, additions, or
deletions shall be effective immediately upon notice thereof, which may
be given by any means including, without limitation, posting on the
Site, or by electronic or conventional mail, or by any other means. Any
use of the Site by you after such notice shall be deemed to constitute
acceptance of such changes, modifications, additions, or deletions.
BY VISITING OR USING THIS SITE, OR ANY PAGE OF THIS SITE, YOU AGREE
TO BE BOUND BY THESE TERMS OF USE, AND YOU ACKNOWLEDGE THAT SUCH
AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND KLEANCARS
INDIA, INC. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT
USE THIS SITE.
11. Miscellaneous. These Terms of Use constitute the entire agreement
of the parties with respect to the subject matter hereof and supersede
all previous written or oral agreements between the parties with
respect to such subject matter. These terms of use shall be construed
in accordance with the laws of the State of maharashtra Jurisdiction ,
without regard to its conflict of laws rules, including but not limited
to, the Uniform Computer Information Transactions Act (UCITA). You
hereby consent to the personal jurisdiction of any state or Federal
court of the State of maharashtra Jurisdiction acknowledge that venue
is proper in the State of maharashtra Jurisdiction , agree that any
action related to these terms of use must be brought in a state or
Federal court in the State of maharashtra Jurisdiction, waive any
objection that may exist, now or in the future, with respect to any of
the foregoing. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience
only and shall not be given any legal import
SPAM
=====
We HATE Spam just as much as you do! Spam, or unsolicited
commercial email, is a huge problem on the Internet - and we hate it
just as much as you do. If you have reached this website as a result of
any form of spam advertising, please keep reading - we can help make it
stop.
The Spam Problem
Spammers often promote legitimate anti-spam sites like this one, in
an attempt to receive affiliate or referral commissions for any sales
that are generated. Unfortunately, all large websites on the Internet
including Amazon.com, eBay.com, etc. have to deal with this problem.
Our Affiliates and Partners
Here at KleanCars India we do not do any type of email advertising
at all - the only emails we ever send are to our existing customers in
response to their inquiries, etc. If you have received an unsolicited
email promoting our site, chances are it was sent by an affiliate or
partner.
Before promoting our website via email, all affiliates and partners
are required to contact us and get approval. We make sure that they are
only mailing to legitimate opt-in lists, and that their ads and
mailings are fully compliant with the federal CanSpam Act of 2003.
Any affiliate that promotes our website via email without prior approval is instantly terminated.
Our Anti-Spam Policy
We do not allow spamming, period. And we will do everything in our
power and take every legal action available to us, in an attempt to put
an end to this website being promoted via Spam. Our affiliate program
manager, paypal, also has very strict anti-spam policies.
All of our affiliates are well aware of the fact that we do not
tolerate spamming, but every now and then a bad apple comes along and
insists on promoting our website in this matter. The way we handle this
is very simple - they are immediately terminated from our network.
Contact Us about Spam
If you have any information about this website being promoted via
Spam, especially an email that you have received, please contact us
right away so we can take care of it. You can use this handy Contact
Form in inquiry or email us directly at info
[email protected],[email protected]
We will see to it that they stop, and that they do not profit from sending spam. Thanks!
PRIVACY POLICY
==============
KleanCarsIndia.com takes your privacy seriously, and has created
this Privacy Policy in order to demonstrate our firm commitment to
online privacy. Keep reading to learn more about our information
gathering and dissemination practices, and our use of personally
identifiable information.
IP Addresses
We may use your IP address to help diagnose problems with our site
or web server, and for the general administration of our website. Your
IP address, should you decide to register and/or create a KleanCars
India account, is also used to help prevent you from creating duplicate
accounts.
Cookies
Upon your first visit to this web site, a cookie is sent to your
computer. A cookie is a tiny file that identifies you as a unique user.
It stores personal preferences and user data, however, in no way does
this tell us who you are. KleanCars India.com has two primary uses for
its cookies.
First, we use cookies to track special offers and promotions that
may be presented to you as you navigate our website. This is done so
that you are not presented with the same special offers and/or
promotions over and over, or after you have indicated you are not
interested.
Secondly, we use cookies as part of our authenticaton system when you login to your account
While both of these activities depend on the use of a cookie,
visitors to this site always have the option of disabling cookies in
their web browser. Most browsers are initially set to accept cookies.
You can reset your browser to refuse all cookies or indicate when a
cookie is being sent.
Information Gathering
This web site collects online contact information in various ways,
including inquiry forms, registration forms, surveys, and contests. The
information collected may be used to send the user information about
our company, or to get in touch with the user when necessary.
Users may opt-out of receiving future mailings; see the opt-out/modify section below.
Information Dissemination
We may use the personal information that you supply to us and we
may work with other third party businesses to bring selected retail
opportunities to our members via email. These businesses may include
providers of direct marketing services and applications, including
lookup and reference, data enhancement, suppression and validation and
email marketing.
Links to Other Sites
KleanCars India.com expects its partners, advertisers and
affiliates to respect the privacy of our users. Be aware, however, that
third parties, including our partners, advertisers, affiliates and
other content providers accessible through our site, may have their own
privacy and data collection policies and practices. For example, during
your visit to our site you may link to, or view as part of a frame of
content that is actually created or hosted by a third party.
Also, via our site you may be introduced to, or be able to access,
information, Web sites, features, contests or sweepstakes offered by
other parties.KleanCars India.com is not responsible for the actions or
policies of such third parties. You should check the applicable privacy
policies of those third parties when providing information on a feature
or page operated by a third party.
Please be aware that if you voluntarily disclose Personally
Identifiable Information on message boards or in chat areas, that
information can be viewed publicly and can be collected and used by
third parties without our knowledge and may result in unsolicited
messages from other individuals or third parties. Such activities are
beyond the control of KleanCars India.com and this policy.
Children Under 13
KleanCars India.com does not knowingly collect or solicit
Personally Identifiable Information from or about children under 13
except as permitted by law. If we discover we have received any
information from a child under 13 in violation of this policy, we will
delete that information immediately. If you believe KleanCars India.com
has any information from or about anyone under 13, please contact us.
Security
This web site has security measures in place to protect against
loss, misuse and/or alteration of the information that you provide.
Furthermore, we have taken every precaution technically possible to
prevent any unauthorized access to the contents of this web server.
Opt-Out/Modify
provides every user with the opportunity to opt-out of receiving
future communications from us, change and modify information previously
provided, or remove their information from our databases altogether.
You may do so in any of the following ways:
1. Email: [email protected] or [email protected],[email protected]
2. Website: www.kleancarsindia.com click on inquiry tab & fill form.
3. Facsimile: 1-309-423-8050
Contacting KleancarsIndia.com
If you have any questions about this privacy statement, the
practices of this web site, or your dealings with this web site, please
contact us via one of the methods above.
Policy Changes
KleancarsIndia Inc reserves the right to change this privacy policy at any time.
This Privacy Policy was last revised on January 6, 2005