webjunkyard.com - online auto salvage yard and junkyard, used car automobile parts

Terms of Service/Legal

This User Agreement (the "Agreement") governs the use of the webjunkyard.com website and the related websites webjunkyards.com (such two sites being collectively referred to herein as the "Sites" and the service available on such Sites being referred to herein as the "Service"). The Sites are owned by Desktop Solutions, ("DS"). Your use of a Site constitutes your agreement to all of the terms and conditions of this Agreement. If you do not agree to this Agreement, please do not use the Service. In addition to the terms and conditions in this Agreement, users may be asked to agree to additional terms when using different parts of a Site, including payment by persons or entities who provide services (referred to herein as "junkyards") of any applicable fees. (The terms and conditions of this Agreement, along with such additional terms and conditions, will be referred to as the "Terms".) DS reserves the right, at its discretion, to change, modify, add, or remove portions of any of the Terms at any time. Please check these Terms periodically for changes. A user's use of the Service after such Terms are posted will mean that such user accepts such Terms.

1. User Eligibility.
(a) General. This Agreement is a legal agreement between DS and each user. The Service is only available to individuals and entities that can form legally binding contracts under applicable law. If you do not qualify, please do not use the Service. Each user represents that all information supplied by it is true and accurate. Without limitation, any speculative, false or fraudulent service requests are prohibited. DS may refuse its Service to anyone at any time. Without limiting the foregoing, DS can expel any junkyard company from its service for reasons at DS's discretion. Such reasons include and are not limited to: (i) email unresponsiveness, (ii) unprofessionalism, (iii) consumer complaints, (iv) deceptive advertising claims or (v) delinquency in payment. In addition, DS reserves the right to refuse any applicant, including re-seller firms and companies who may indirectly compete with DS's core product. Subsequently, DS may remove any junkyard company from our services when evidence is present which indicates a member does not abide by our membership Terms of Service and/or Fee Assessment Policy.

(b) Membership for junkyard companies. In order to become a member of the Sites a junkyard company must meet the following criteria:
(i) Proof of Insurance: The company is required to hold full insurance policies as mandated by its local and state authority and provide proof of such insurance to DS.
(ii) Licensing: The company is required to hold full licensing, permits, and safety requirements as mandated by local, state and federal laws.
(iii) Email Promptness: The company is required to check its email every 48 hours.
(iv) Locality Restrictions: All companies must be located within a 60 mile radius of their advertising territory. Such companies must have a local address and a local telephone to display in their advertisement. Nationwide companies must open multiple accounts with their satellite offices local addresses and local numbers. DS does not list centralized, brokering clearinghouses or resellers unless the locality requirements are met above.
(v) Credit Card Authorization: DS must receive a credit card authorization from a junkyard company before an account is setup. The credit card that is provided will be used to charge the annual fee and/or monthly per lead fees that are required to be paid by junkyard companies in order to participate in the Service (see paragraph 4 below).
(vi) Membership Application: The junkyard company must complete and submit a membership application. Upon receipt of the application, DS will notify the company when and if its application has been activated.

If a junkyard company's application for membership of the Sites is accepted, the company will be admitted into the Sites' services.

2. Sites Are Only a Venue. The Sites act as a venue for junkyard companies and buyers of automobile parts. DS is not involved in the actual transaction between buyers and junkyard companies. As a result, it has no control over the quality, safety, reliability or legality of the services, the truth or accuracy of the listings, the ability of junkyard companies to provide services or the ability of the buyers to buy services (as set forth in paragraph 13, DS does have an internet endorsement program - this endorsement simply states that the particular company has presented DS with valid evidence of internet service readiness, not that DS provides any warranty with respect to its service). We encourage users to communicate directly with junkyard companies or buyers or with third parties, such as the Better Business Bureau, to a degree sufficient to establish the reliability of the junkyard company or buyer. No junkyard company will at any time represent that DS endorses a junkyard company or its services. Any disputes between a buyer and a junkyard company should be handled by the junkyard company. Because user identification on the Internet is difficult, DS cannot and does not confirm that each user is who it claims to be.

3. Fees for the Service. The Service is free for buyers. Junkyard companies are currently charged two fees for participation in the Service:
(a) Annual Nonrefundable Membership Fee. From and after June 21, 2002, junkyard companies must pay an annual nonrefundable membership fee which ranges from $299.95/yr to $999.95/yr, with the exact amount determined by the junkyard company's operating area (see the "Join webjunkyard.com" portion of the Sites). Note that this annual fee was implemented on June 21, 2002 and junkyard companies that joined the Sites prior to that date are currently exempt from the annual fee (DS may change this policy at any time and will notify affected junkyard companies if it does so).
(b) Per Lead Fee. Junkyard companies are also charged a per lead fee for email leads that are received through Site's services. The per lead fee varies by service and is described in the "Join webjunkyard.com" portion of the Sites.
DS may in its sole discretion add, delete or change any of its fees at any time. Unless otherwise stated, all fees are quoted in U.S. dollars. Users are responsible for paying all applicable taxes and for all software, hardware, service and other costs a user may incur to access the Service.
(c) Fee Assessment: Members accrue lead fees when any given member receives a lead received via email. Fees are charged according to our lead fee schedule. All members are responsible for lead targeting according to the current functionality of the site(s) at the given moment. DS is not responsible for member account maintenance or neglect of leads which a member may feel is not appropriate to their service, given the functionality of current site. A lead is chargeable upon delivery to the member's email box unless explicitly excluded in our lead fee schedule. For territory targeting, leads are chargeable if any given lead ENDS or EVOLVES in a member's selected service area. Ending or evolving is designated as a 60 mile radius from stated area.

4. Use of the Service. The Service may be used only for lawful purposes. DS specifically prohibits any use of the Service for unlawful purposes, and users agree not to use the Service for any unlawful purposes, or for posting any incomplete, false or inaccurate information, or any obscene, indecent or offensive language or to place on the Service any material that is false, defamatory, abusive, harassing or hateful. In addition, each user agrees not to (a) alter, remove, or obscure any notices or markings from the Service, (b) modify, translate, produce a source listing, decompile, disassemble, or reverse engineer the Service or any portion thereof; (c) create derivative versions of any part of the Service; (d) rent, transfer, distribute or grant any rights in the Service in any form; or (e) use the Service for any purpose that DS deems to be inappropriate.

5. Proprietary Materials. The Service contains proprietary materials such as logos, text, software and photos. As between DS and users, DS is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks.

6. User Materials. In using the Service, a user may be able to post materials for other users to view on the Service or links to other sites. Each user acknowledges and agrees that such user is solely responsible for the form, content and accuracy of any content or information placed by User on the Service.

7. License. Each user hereby grants to DS, its sub-licensees, customers and other Users, a royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute any content submitted by user (in whole or part) and/or to incorporate it in other works in any media now known or hereafter developed for the full term of any copyright that may exist in such content.

8. Links to Third Party Sites. The Service may contain links to web sites operated by parties other than DS ("Third Party Sites"). DS's links to such other sites does not imply any endorsement of the products, services or material on such Third Party Sites or any association with their sponsors or operators. DS expressly disclaims all content, services and products available through such Third Party Sites. Linking to any other service or site from this Service is at your own risk.

9. Release and Indemnity by User. Because we are not and cannot be involved in buyer/junkyard company transactions, in the event that you have a dispute with one or more other buyers or junkyard companies, you release DS (and its employees and agents) 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. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." USER WILL INDEMNIFY AND HOLD DS AND ITS AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES, HARMLESS FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) AGAINST DS ARISING OUT OF (A) ANY USE OF THE SERVICES, THIRD PARTY SITES, OR RELATED GOODS OR SERVICES; (B) ANY BREACH OF THE TERMS; AND (C) ANY UPLOADING, DOWNLOADING, OR REPRODUCTION OF ANY CONTENT OR DATA FROM THE SERVICE OR ANY THIRD PARTY SITE.

10. Disclaimer. DS DOES NOT RECOMMEND ANY SPECIFIC JUNKYARD COMPANY AND DOES NOT PROVIDE ADVICE ON WHICH JUNKYARD COMPANY TO SELECT. DS DOES NOT SELL, SOLICIT APPLICATIONS FOR, OR WRITE CONTRACTS FOR ANY SERVICES. DS IS NOT A BROKER ACTING ON BEHALF OF ANY BUYER AND IS NOT AN AGENT ACTING ON BEHALF OF ANY JUNKYARD COMPANY.

11. No Warranty. Each user expressly acknowledges and agrees that its use of the Service, any services or goods obtained or sites linked through the use of the Service, and any data transmitted through the Service is at the sole risk of users. DS does not provide or make any undertaking or representation with respect to any junkyard company or as to the quality or nature of any of the products or services purchased through the Service or any other representation, warranty or guaranty. DS does not warrant that junkyard companies are licensed or certified to practice in any jurisdiction; nor does DS make any warranty as to the results that may be obtained from use of the Service or its content or as to the accuracy or reliability of any information obtained through the use of the Service. This paragraph also applies to companies who have passed DS's internet endorsement program. This endorsement simply states that the particular company has presented DS with valid evidence of internet service readiness (not that it is properly insured or licensed and not that DS provides any warranty with respect to its service). THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND DS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. DS DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.

12. Limitation of Liability. IN NO EVENT WILL DS BE LIABLE TO USER OR ANY PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY OF THE SERVICE OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF DS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND DS'S ENTIRE AGGREGATE LIABILITY UNDER OR ARISING OUT OF THESE TERMS OR THE SERVICE SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID TO DS BY USER FOR THE ONE YEAR PERIOD PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.

13. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between any user and DS by the Terms.

14. Notices. Except as explicitly stated otherwise, any notices to DS regarding this Agreement shall be sent to admin @ webjunkyard.com. Any notice to a user shall be given to the name and address submitted at the time of registration.

15. Governing Law. This Agreement, the Terms, the Service and any modifications thereto may not be assigned or in any way transferred without the prior written consent of DS. The terms of this Agreement shall be construed in accordance with the substantive laws of the State of Texas, United States of America, without giving effect to the principles of conflict or choice of law of such state. Each user hereby consents to the exclusive jurisdiction and venue of courts in Harris County, Texas, U.S.A. in all disputes arising out of or relating to the use of this Service.

16. Waiver. No waiver of any of the Terms shall be deemed waiver of any other such Terms set forth herein.

17. Entire Agreement. The Terms constitute the entire agreement between each user and DS with respect to the subject matter covered herein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. This Agreement may not be modified by a user except by a written agreement signed by authorized representatives of both parties.

18. Termination. DS may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate a user's use of all or any portion of the Service if a user breaches or refuses to comply with the Terms, or any time or for any reason, at the sole discretion of DS. In addition, DS my terminate membership of any member should the Terms of Service herein be refuted expressly or implicitly.