Introduction. Welcome to www.thehotwire.us ("HWC"). By accessing HWC you are agreeing to the following terms, which are designed to make sure that HWC works for everyone. HWC is provided to you by Hot Wire Classifieds Ltd & Associates Tauranga New Zealand, also referred to below as "HWC". This policy is effective January 1st, 2014.
Using HWC.As a condition of your use of HWC you agree that you will not:
violate any laws;
violate the Posting Rules;
post any threatening, abusive, defamatory, obscene or indecent material;
be false or misleading;
infringe any third-party right;
distribute or contain spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm HWC or the interests or property of HWC users;
impose an unreasonable load on our infrastructure or interfere with the proper working of HWC;
copy, modify, or distribute any other person's content without their consent;
use any robot spider, scraper or other automated means to access HWC and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent;
bypass measures used to prevent or restrict access to HWC.
You are solely responsible for all information that you submit to HWC and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.
Abusing HWC. HWC and the HWC community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the Reporting System.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off HWC if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off HWC or not, we do not accept any liability for monitoring HWC or for unauthorized or unlawful content on HWC or use of HWC by users.
Global Marketplace. Some of HWC's features may display your ad on other sites that are part of the global Hot Wire community, like on HWC or our classifieds sites in other countries. By using HWC, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is reported on any our sites, or if we believe it causes problems or violates any law or policy.
Fees and Services. Using HWC is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in US Dollars, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
Content. HWC contains content from us, you, and other users. HWC is protected by copyright laws and international treaties. Content displayed on or via HWC is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from HWC without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in HWC. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of HWC (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
Infringement. Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on HWC by private individuals in the United States. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by HWC.
Reporting an infringement:
Note: This form can only be used by the lawful owners of the intellectual property rights. "Notice of Infringement" is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties. For all other questions, visitors and advertisers can get Help using our Contact Centre.
Liability. Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users' postings and are not involved in the actual transactions between users. As most of the content on HWC comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of HWC, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 US Dollars.
Resolution of disputes
If a dispute arises between you and HWC, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.If an Ad placed on our site by the seller is disputed by the buyer on evidential, negative and damaging grounds,HWC at their sole discretion may release upon company and legislative approval the sellers ad information to the buyer. After such action HWC is no longer responsible or involved in the matter.
General. These terms and the other policies posted on HWC constitute the entire agreement between HWC and you, superseding any prior agreements.
To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of the United States. You agree that any claim or dispute you may have against thehotwire.us must be resolved by the courts of the United States. You and HWC both agree to submit to the exclusive jurisdiction of the United States Courts; for claims falling within the jurisdiction of a County Court, you and HWC both agree to submit to the jurisdiction of the County Court of the United States.
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
For any help with using Hot Wire Classifieds please don't hesitate to Contact Us