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Jim's Classic Corner reserves the right to change, at any time, any of the terms and conditions contained within this agreement and/or any of the policies or guidelines governing this website or the services provided. Any/all changes will be effective immediately upon the posting of revisions on the website. You, the user, are responsible for reviewing this agreement and any applicable changes to such. Changes to policies and guidelines may be posted without notice.

YOUR CONTINUED USE OF THIS WEBSITE AND THE SERVICES OFFERED BY JIM'S CLASSIC CORNER AFTER THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OFFERED BY THIS WEBSITE.

Eligibility.
Use of this website and the services offered is limited to parties that can lawfully enter into and form contracts under applicable law. Without limitation, minors may not use this website or the services offered. All persons who use this website or the services offered, hereby represents to Jim's Classic Corner that he/she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To purchase goods or services, you must provide your real name, address, phone number and e-mail address.

Vehicle Sales.
A one time listing fee of $100.00 per vehicle/listing (to the seller), is due upon posting of a vehicle to Jim's Classic Corner and is non-refundable.
This listing fee is non-refundable if the seller chooses to remove the vehicle in question from the website, thereby nullifying the sale agreement.
Sale amounts under $5,000.00 requires a payment of a flat fee of $500.00 at the time of sale/purchase.
Sale amounts over $5,000.00 requires a payment of 10% of the sale/purchase price at the time of sale/purchase.
A minimum of one (1) photograph is required per sale vehicle. A maximum of eleven (11) photographs is allowable per sale vehicle.
Photographs are required to be no larger than 800 pixels in width @ 72 dpi.
Needed alterations to photographs to meet the above requirements will incur an 'alteration fee' of $5.00 per photograph. This 'alteration fee' is non-refundable and is not included in the vehicle sale/purchase fee/payment schedule.
Photographs which require scanning (non digital photographs) will incur a fee of $5.00 per photograph. This 'scanning fee' is non-refundable and is not included in the vehicle sale/purchase fee/payment schedule.

Classified Ads & Parts/Memorabilia Sales.
A one-time fee of $10.00 + 7% GST per ad is applicable for the posting of a sale item. This fee is non-refundable regardless if the item(s) are sold. The seller is required to notify Jim's Classic Corner upon the sale or removal for sale of any/all items a seller chooses to post in this category. Photos will not be accepted for the sale of parts or memorabilia. There is no time limit for the sale of an item posted in this category.
A sale item in this category is defined as one (1) item or group of similar related items (e.g. 4 wheels (of same description) offered as a 'group item' is defined as one item. A 'tire and a toaster' or similar unrelated combination of items are considered to be separate in nature and will be treated as such, as defined within these terms of sale).

Fees and Payment Terms.
Any fee schedule and/or payment terms in effect on the date of listing an item shall govern the transaction. Please check the fees and terms and conditions each time you consider a purchase of goods or services. All fees or payments for vehicle sales are due at the time of sale/purchase.

Shipping & Handling.
Buyer pays all costs related to shipping & handling.

Obligations of Jim's Classic Corner.
Jim's Classic Corner is acting as an agent between buyer and seller and assumes no responsibility for the quality or integrity of any/all vehicles or items bought or sold through Jim's Classic Corner.
It is accepted that the buyer and seller have the 'sole responsibility' of confirming the integrity and condition of any/all vehicles and items offered for sale/purchase on Jim's Classic Corner website, including any/all payment methods or agreements.
The general rule accepted buy both buyer and seller regarding the purchase or sale of vehicles or items offered for sale within Jim's Classic Corner website is 'Buyer/Seller Beware'.

IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH/ALL OF YOU AGREES TO RELEASE JIM'S CLASSIC CORNER (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

JIM'S CLASSIC CORNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY VEHICLES, GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THE THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMER’S USE OF AND RELIANCE THEREON ARE AT CUSTOMER’S OWN AND SOLE RISK. JIM'S CLASSIC CORNER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;

THE INFORMATION, CONTENT, MATERIALS OR VEHICLES INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;

ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF JIM'S CLASSIC CORNER.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JIM'S CLASSIC CORNER DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN WHICH YOU OBTAIN FROM JIM'S CLASSIC CORNER OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Privacy, Monitoring and Disclosure.
Jim's Classic Corner is committed to protecting your privacy. Click here for our general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. Jim's Classic Corner may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the website or disclosed to you by Jim's Classic Corner except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our privacy policy.

Investigation.
As permitted by applicable law and consistent with our privacy policy, Jim's Classic Corner has the right but not the obligation, to monitor any activity and content associated with this website. Jim's Classic Corner may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the website, including vehicles. Jim's Classic Corner reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.

Disclosure of Information.
As permitted by applicable law, Jim's Classic Corner also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Jim's Classic Corner systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of Jim's Classic Corner business and systems or other purposes deemed reasonable by Jim's Classic Corner, Jim's Classic Corner may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

Compliance with Laws; Fraud.
The website and services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the website and services, including in regard to listing, purchasing and selling items. You may not register under a false name or use an invalid or unauthorized credit card or other means of payment. You may not make purchases under a false name, impersonate any participant, or use another participant’s password(s) (if applicable). Such fraudulent conduct is a violation of federal and provincial/state laws. Fraudulent conduct may be reported to law enforcement, and Jim's Classic Corner will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

Breach.
Without limiting other remedies, Jim's Classic Corner may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your agreement and refuse to provide its services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if Jim's Classic Corner or any purchaser, vendor or seller is unable to verify or authenticate any information you provide to Jim's Classic Corner; or (c) if Jim's Classic Corner believes that your actions may cause legal liability for you, other Jim's Classic Corner users or Jim's Classic Corner.

Transactions and Obligations.
Buyers, and sellers create different obligations by accessing Jim's Classic Corner and using the services offered. By listing an item, you represent and warrant to prospective buyers that you have the right and ability to sell, and that the listing is accurate, current and complete and is not misleading or otherwise deceptive.

By entering into this agreement and (a) posting a listing for sale or (b) agreeing to purchase an item, you agree to complete the transaction as described by this agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

Sellers must provide a full refund directly to any buyer who remits payment, whether directly or through any payment service, if the vehicle cannot be shipped at the close of the sale. Seller must provide the refund promptly, but in no case later than thirty (30) days following the close of the sale. Any buyer who believes he/she may be entitled to a refund on this basis should contact the seller directly.

The fee/payment paid to Jim's Classic Corner upon the sale of a vehicle is considered to be non-refundable in such cases of dispute. Seller(s) agree to and are required to refund this portion of the sale price as well, in regard to such disputes.

Buyer(s) agree to and must pay sellers through methods designated by applicable sellers (i.e. cash, check or credit card).

Seller(s) agree to and must pay Jim's Classic Corner at the time of sale agreement and upon receipt of payment buy the purchaser with CASH OR CERTIFIED CHECK only. Credit cards will not be accepted by Jim's Classic Corner for any fee/payment or sale transaction.

IT IS THE SELLER’S RESPONSIBILITY TO ACCURATELY DESCRIBE THE VEHICLE FOR SALE. JIM'S CLASSIC CORNER CANNOT ENSURE AND DOES NOT KNOW WHETHER (1) ANY JIM'S CLASSIC CORNER SALE LISTING IS ACCURATE, COMPLETE, MISLEADING OR DECEPTIVE, (2) THE VEHICLE LISTED IS SAFE, LEGAL OR OF ACCEPTABLE QUALITY, OR (3) THE SELLER AND BUYER WILL PERFORM AS PROMISED. ACCORDINGLY, YOU SHOULD EXERCISE CARE IN ENTERING INTO ANY AGREEMENT WITH ANOTHER PERSON IN THE JIM'S CLASSIC CORNER WEBSITE. BUYERS AND SELLERS USE THE SERVICES IN THE JIM'S CLASSIC CORNER WEBSITE AT THEIR OWN RISK.

Reservation of Rights.
Jim's Classic Corner retains the right, but does not have the obligation, to immediately halt any sale, prevent or restrict access to the website or the services offered or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items or any items otherwise prohibited by Jim's Classic Corner procedures and guidelines, and to correct any inaccurate listing or any inappropriately categorized items in Jim's Classic Corner website.

Indemnity.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD JIM'S CLASSIC CORNER AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY PROVINCIAL/STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

Applicable Law and Arbitration.
The laws of the Province of Manitoba and the Country of Canada govern this agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.

YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF MANITOBA AND CANADA. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN WINNIPEG MANITOBA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR JIM'S CLASSIC CORNER MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN WINNIPEG MANITOBA CANADA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR JIM'S CLASSIC CORNER PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AN UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

General Release.
BECAUSE JIM'S CLASSIC CORNER IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS IN THE SALE/PURCHASE OF VEHICLES AND/OR ITEMS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU AGREES TO RELEASE JIM'S CLASSIC CORNER (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Licenses
Your Grant. By entering into this Agreement and listing an item, you grant Jim's Classic Corner and its affiliates a non-exclusive world-wide royalty-free, irrevocable, right to exercise all copyright, trademark rights, and rights of publicity over the material displayed in your listings, bids, or purchases in any existing or future media, known or unknown, now or at any later date. This grant shall be limited to Jim's Classic Corner and its affiliates’ use of your materials in connection with the website and the services offered, which may include advertising and promotion for the website and the services. You represent and warrant that you own or otherwise control all of the rights to the materials displayed in your listings, bids or purchases, and that the use of such materials by Jim's Classic Corner and its affiliates will not infringe upon or violate the rights of any third party.

Termination. Jim's Classic Corner, in its sole discretion, may terminate or modify this agreement, access to the website or the services offered, without notice for any reason.

General Provision.
Entire Agreement.
This Agreement and the general terms, conditions set forth on the website constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

No Agency; Third-Party Beneficiary.
Jim's Classic Corner is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this agreement. This agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Jim's Classic Corner, you, and relying buyers or sellers.

Severability.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver.
Jim's Classic Corner's failure to enforce the strict performance of any provision of this agreement will not constitute a waiver of Jim's Classic Corner's right to subsequently enforce such provision or any other provisions of this agreement.

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