Introduction and Agreement
This website, www.revogarage.com, also known as Revolving Garage (“Revolving Garage” or “the site”), is owned and operated by First Gear Media, LLC (“FGM”). By using this site you hereby agree that you are at least eighteen (18) years of age, and agree that you are subject to these Terms and Conditions.
Revolving Garage is an Advertising, Research, and Entertainment Service
FGM operates the site as an online automotive advertising, research, and entertainment service for car buyers, sellers, and enthusiasts. FGM does not sell, trade, or deal in cars. FGM is never a party to any transaction between buyer and seller. FGM makes reasonable efforts to ensure that information provided on this site is accurate, however, FGM makes no warranties, representations, or promises regarding the vehicles listed on this site or the accuracy or authenticiy of listings or other content on this site. FGM is not a party to any transactions which arise out of listings on this site. FGM does not collect, possess or transfer payment, title, or vehicles on behalf of sellers or buyers.
Site Content and Copyright
All information and content available on this site is protected by copyright and/or other intellectual copyright laws. This includes but is not limited to artistic content, photographs, writing, logos, coding and HTML, and design and layout. The content is owned by FGM or owned by other creators and used under license by FGM. The content on this site is meant for personal, non-commercial use only. You may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the content in any other way or for any other purpose without the prior written consent of FGM. Requests regarding use of the content for any purpose other than personal, noncommercial use should be directed to FGM, LLC, 676 S. Ferguson, Suite 1, Bozeman, MT 59718.
Copyright and Copyright Agents:
FGM will respond to claims of intellectual property infringement. FGM will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for Revolving Garage and FGM:
First Gear Media, LLC
Legal and Compliance Dept.
676 S. Ferguson, Suite 1
Bozeman, MT 59718
Any notification must comply with DMCA.
FGM reserves the right to reject or terminate any links to the site.
By submitting ads, listings, content, photos, data or other materials ("Materials") to the Site in any manner including by email@example.com, you hereby grant to FGM and its affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to FGM and its affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.
FGM is not Responsible for Content Created by Others
FGM makes reasonable efforts to verify the accuracy of content posted to the is site, but cannot and does not verify all of the information, claims, photographs or other material (Materials) posted here. FGM reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that FGM (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.
Representations/Indemnity by Contributors
FGM posts Material and other information created by users. By submitting material to FGM and or Revolving Garage you hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold FGM, its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to site Users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site to advertise or promote products and services to others; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on FGMs hardware and software infrastructure or that which FGM utilizes (collectively, "Prohibited Activities").
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. FGM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND FGM SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. FGM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. FGM CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. FGM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT, AT ANY TIME. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. FGM DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
FGM AND ITS’ OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF FGM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.
Termination of Service
You understand and agree that in FGM's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and FGM may exercise any other remedy available and remove any Materials, if FGM believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of FGM, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to FGM for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that FGM post a bond. FGM is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in FGM’s sole discretion, you have violated these Terms of Service.
These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. FGM may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Site may include links to other websites not established or supervised by FGM or any Affiliate. FGM and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of Montana. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in the State of Montana. You hereby consent to personal jurisdiction in the federal and state courts in Montana, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by FGM to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.