Welcome to the User Agreement for AutoCastle. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.AutoCastle.com and SourceIsland.com. If you do not agree to be bound by the terms and conditions of this Agreement or are not eligible, please be advised to not use our services.

You must read, agree with, and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of AutoCastle. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an AutoCastle user. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of other AutoCastle websites will be governed by the terms and conditions posted on those websites.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 15 days after they are initially posted on our site and should be considered public knowledge. This Agreement may not be otherwise amended except in a writing signed by you and AutoCastle. This Agreement is effective on February 10th, 2001 for newly registering users.

1. Eligibility Requirements.
   Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended AutoCastle members. If you are a minor, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services. Further, your AutoCastle account (including feedback) and User Id may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

2. Fees and Services.
   Joining AutoCastle is free. We may change our Fees and Credits Policy from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on this page. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.

3. AutoCastle is a Venue.
   3.1 AutoCastle is not an Auctioneer. Although we are commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, our site acts as a venue to allow anyone to offer (place classified ads) , sell (bid for classified ads), and buy just about any automotive industry merchandise and services, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions-classifieds" or "auctions/reverse auctions-classifieds." We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually honor a transaction partially or completely.
   3.2 User Verification. We use many techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, AutoCastle cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on our site. You may also wish to consider using a third party escrow service or services that provide additional user verification. We do reserve the right to contact you directly by any and all means of communication that you leave to us at the time of registration (applies to dealers the most).
   3.3 Liability Release. Because we are a venue, in the event that you have a dispute with one or more users, you release AutoCastle (and our officers, directors, agents, subsidiaries, joint ventures 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. If you are a California resident, you waive California Civil Code 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."
   3.4 Information Management. We do not control/manage the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.

4. Buying.

Buyers are not obligated to make a purchase when posting their classified auction requests. \

5. Selling.

5.1 Listing Description. You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the listing page of our site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate auction listing.
5.2 Fraud. Without limiting any other remedies, AutoCastle may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
5.3 Manipulation. Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.
As a seller (bidder) you are obligated to possess the product to engage into the auction. AutoCastle reserves the right to suspend you from using any and all AutoCastle services if product you promised has never existed / was never available. Suspension will range anywhere from 15 days up to complete termination of User Account and a denial for future membership. All violations may be reported at http://www.autocastle.com/feedback.asp. Seller must notify AutoCastle through personal user account if he/she is no longer in possession of the product.

6. Your Information.

6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
6.2 Restricted Activities. Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (1) are prohibited under this Agreement; (2) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (3) are concurrently listed for sale on a web site other than AutoCastle's (this does not prevent linking to or advertising an AutoCastle item from another web site); or (4) you do not have a right to link to or include. Furthermore, you may not list any item on the site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.
6.3 License. Solely to enable AutoCastle to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. AutoCastle will only use Your Information in accordance with our Privacy Policy.

8. Access and Interference.

Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the AutoCastle site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to AutoCastle by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of AutoCastle or the appropriate third party.

9. Feedback.
   Integrity. You may not take any actions that may undermine the integrity of the feedback system. If you earn a net feedback rating of , your membership may be suspended, and you may be unable to purchase or sell.
   You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by AutoCastle, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between AutoCastle users, you agree that you shall not market or export your AutoCastle feedback rating in any venue other than an AutoCastle operated website.
   We do not provide you the technical ability to import feedback from other (non-AutoCastle operated) websites to AutoCastle because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

10. Breach.
    Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

11. Privacy.
    Please review our Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.

    EMAIL COMPLIANCE RULES

    The following rules apply to AutoCastle customers with respect to emails that are given to (a) sellers, (b) buyers,  (d) dealers, (c) other 3^rd parties doing business for profit or otherwise.

    • No Misleading Headers or Other Masking of Email Origin - An email may not include falsification of header information, false registrations for email accounts or IP addresses used in connection with email ads, and retransmissions of an email ad for the purpose of concealing its origin. A subject heading of the message likely would mislead a reasonable recipient as to the contents or subject matter of the message.
    • No Sale or Transfer of given out Email Addresses - Email addresses recipients (buyers and sellers) are generally prohibited from selling or otherwise transferring email addresses or any other purchased contact information about other AutoCastle users (buyers/ sellers).
    • No Sexually Oriented Material in Email Messages - Emails may not contain any sexually oriented material.
    • No Invalid Email Account Generation - Senders may not use scripts or other automated means to register for multiple online user accounts.
    • No Unlawful Retransmission of Emails - Senders are prohibited from relaying or retransmitting emails from a computer or computer network that was accessed without authorization.

    Any user of AutoCastle required to indemnify and hold AutoCastle harmless due to release of users private information to the public. Once user registers with AutoCastle, AutoCastle will use users information to provide automotive industry services including buying and selling a vehicle, and offering various products related to automotive industry that could potentially benefit you as a user.

    EMAIL COMPLIANCE RULES

    The following rules apply to AutoCastle customers with respect to emails that are given to (a) sellers, (b) buyers,  (d) dealers, (c) other 3^rd parties doing business for profit or otherwise.
    
    

    • No Misleading Headers or Other Masking of Email Origin - An email may not include falsification of header information, false registrations for email accounts or IP addresses used in connection with email ads, and retransmissions of an email ad for the purpose of concealing its origin. A subject heading of the message likely would mislead a reasonable recipient as to the contents or subject matter of the message.
    • No Sale or Transfer of given out Email Addresses - Email addresses recipients are generally prohibited from selling or otherwise transferring email addresses or any other contact information of e-mail owner/user.
    • No Sexually Oriented Material in Email Messages - Emails may not contain any sexually oriented material.
    • No Invalid Email Account Generation - Senders may not use scripts or other automated means to register for multiple online user accounts.
    • No Unlawful Retransmission of Emails - Senders are prohibited from relaying or retransmitting emails from a computer or computer network that was accessed without authorization.
      
    
    Any user of AutoCastle required to indemnify and hold AutoCastle harmless due to release of users private information to the public. Once user registers with AutoCastle, AutoCastle will use users information to provide automotive industry services including buying and selling a vehicle, and offering various products related to automotive industry that could potentially benefit you as a user.

12. No Warranty.
    WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

13. Liability Limit.
    IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

    OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 3 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $10. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

14. Indemnity.
    You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

15. Legal Compliance.
    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

16. No Agency.
    You and AutoCastle are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

17. Notices.
    Except as explicitly stated otherwise, any notices shall be given by postal mail to AutoCastle Attn: Legal Department 2665 Surrey Ct., Orlando, FL 34741 (in the case of AutoCastle) or to the email address you provide to AutoCastle during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to AutoCastle during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

18. Arbitration.
    Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by AutoCastle to collect our fees and/or recover damages for, or obtain an injunction relating to, the AutoCastle site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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 Orlando, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or AutoCastle may seek any interim or preliminary relief from a court of competent jurisdiction in Orlando, Florida necessary to protect the rights or property of you or AutoCastle pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $250.00.

19. Additional Terms.
    The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site:
    Privacy Policy: http://www.autocastle.com/privacy.asp

    Each of these policies may be changed from time to time and are effective immediately after we post the changes on our site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

20. General Guidelines.
    This Agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by AutoCastle, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

21. Disclosures.
    The services hereunder are offered by AutoCastle Inc., located at 2665 Surrey Ct., Orlando, FL 32825. If you are a Florida resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.