TERMS OF USE

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

The materials on this web site (the "Site") are provided by Boxcar Media, LLC ("Boxcar") as a service to its customers, visitors, users or members ("You" or "Your") and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any materials from or using this Site, You agree to these terms (the "Agreement"). If You do not agree to them, do not use the Site or download any further materials from it. If You object to any material found on this Site, please bring Your concerns to the attention of info@berkshireads.com. The web site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.

1. TRADEMARK and COPYRIGHT INFORMATION: "Berkshire Ads", "BerkshireAds.com", "Boxcarmedia", "Boxcar Media", "BoxcarMedia.com", "Premier Listing", "Gallery Listing", "Featured Listing" and the Boxcar logo are the property of Boxcar. All other names and trademarks are the property of their respective holders.
2. SINGLE COPY LICENSE: The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You may download one copy of the information or software ("Materials") found on the Boxcar Site on a single computer for Your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Boxcar in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
3. TERMINATION OF THIS LICENSE: Boxcar may terminate this license at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy the Materials.
4. OWNERSHIP OF MATERIALS: All Materials on this Site are Copyright ©Boxcar Media, LLC 2003, All Rights Reserved, unless indicated otherwise. Boxcar retains all copyrights in the individual pages, and their components, and collective works available at the Site.

   The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without Boxcar's prior written permission. Except as expressly provided herein, Boxcar , its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents do not grant any express or implied right to You under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to You by Boxcar in writing or incorporated elsewhere in the Materials.

5. DISCLAIMER: THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL BOXCAR, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY BOXCAR OR BOXCAR'S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER BOXCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOXCAR ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. Boxcar and its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Boxcar may make changes to these materials, or to the products described therein, at any time without notice. Boxcar makes no commitment to update the Materials. Any description of products or services in the Materials is not a representation that any particular products or services are available for sale or distribution in Your location. You agree to indemnify and hold Boxcar and its agents harmless from any fines, penalties, claims, complaints, or other actions arising from Your unlawful use or possession of any of the Materials obtained from or through the Site.

   If necessary and in accordance with applicable law, Boxcar will cooperate with local, state and/or Federal authorization to protect this Site, visitors, customers, members, Boxcar, its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized use of this Site.

6. LIMITATION OF LIABILITY: IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, BOXCAR SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND BOXCAR AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF [$1,000] OR THE FEES YOU PAID BOXCAR DURING THE YEAR IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND BOXCAR AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND BOXCAR AND REFLECTS THE FEES, IF ANY, BOXCAR CHARGES YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, BOXCAR WOULD NOT PROVIDE THE SITE TO YOU.
7. INDEMNITY: You agree to defend, indemnify and hold Boxcar, its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Boxcar's reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, and (3) the unauthorized or unlawful use of the Site by any other person using Your Classified Number and/or Password.
8. USER SUBMISSIONS: Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Boxcar will have no obligations with respect to the Communications. Boxcar and its designees will be free to copy, disclose, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

   Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Boxcar hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Boxcar in its sole discretion and without further notice.

9. LINKS TO OTHER MATERIALS: The linked sites are not necessarily under the control of Boxcar and Boxcar is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. Boxcar reserves the right to terminate any link or linking program at any time. Boxcar has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Boxcar shall not be responsible for notification of any change in name or location of any information of the Site. Boxcar reserves the right to request any web site administrator to disable or remove any link that violates any rights of Boxcar or causes interruption or deterioration of services provided by Boxcar. Failure to abide by this request shall be dealt with as any other unauthorized use or access to Boxcar resources.
10. DEALINGS WITH ADVERTISERS/CLASSIFIED ADVERTISERS: Correspondence Generally: Your correspondence or business dealings with, or participation in promotions of, advertisers or classified advertisers (collectively "Advertisers") found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Advertiser. You agree that Boxcar shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers on the Site.

    Product Information, Condition, Warranty: KNOW WHAT YOU ARE SIGNING AT THE TIME OF PURCHASE OR LEASE as an Advertiser is not prohibited from negotiating all of the terms and conditions of the final sale.

    IT IS YOUR RESPONSIBILITY TO READ THE DESCRIPTIONS OF THE CARS, TRUCKS, BIKES (ON ROAD/OFF ROAD), PARTS AND EQUIPMENT, RECREATIONAL VEHICLES, AUTOMOBILES, EVENT TICKETS AND OTHER PRODUCTS (COLLECTIVELY, THE "PRODUCTS") PROVIDED BY THE ADVERTISER AND TO PHYSICALLY INSPECT THE PRODUCT PRIOR TO COMPLETING YOUR PURCHASE(S).

    Advertiser is responsible for disclosing prior rental and demonstrative history, frame damage, salvage history, stolen-recovery history, flood damage, and any material cosmetic or mechanical damage defect or irregularity of the Product.

    It is Advertiser's sole responsibility to ensure that the Product meets all local state and federal emission and safety standards applicable for the model and year of the Product.

    ASK FOR A COPY OF THE WRITTEN WARRANTY BEFORE YOU COMPLETE THE PURCHASE OR LEASE. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE WARRANTY BEING OFFERED FOR THE PRODUCT YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE OR LEASE.

    Return Policy: ASK FOR A COPY OF THE WRITTEN RETURN POLICY BEFORE YOU COMPLETE THE PURCHASE OR LEASE OF A PRODUCT. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE RETURN POLICY BEING OFFERED FOR THE PRODUCT YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE OR LEASE.

    Product Availability and Prices: BOXCAR DOES NOT GUARANTEE PRODUCT PRICES OR AVAILABILITY. All transactions are conducted by Advertisers. All Product descriptions and prices provided to You on Boxcar's Site, or via separate contract following Your submission of a purchase request or inquiry to the Advertiser, are made by the participating Advertiser possessing the described Product and not Boxcar.

    ALL PRODUCTS ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST OR INQUIRY IS PROCESSED OR RECEIVED BY AN ADVERTISER. ALL PRICES AND TERMS ARE VALID ON DATE OF PUBLICATION ONLY.

    Deposits: IT IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU ARE BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR PRODUCT PURCHASE OR LEASE.

    Absent a specific agreement between You and the Advertiser, the Advertiser is not required to hold any Product off the market and is free to sell any Product at any time before You have executed the contract to purchase such Product.

    The act of submitting a purchase request through Boxcar's Site does not place a hold on any specific Product in an Advertiser's inventory. A monetary deposit made by You to the Advertiser is not a guarantee that a specific Product will be available for You to purchase unless You and the Advertiser specifically agree to such term. It is Your responsibility to confirm with the Advertiser that the Product will be held off the market until You can complete the purchase.

    Whether Your deposit is refundable or not is subject to Your contractual agreement with the Advertiser and/or state law. You should not assume a deposit made by You towards the purchase or lease of a Product is fully refundable.

11. APPLICABLE LAWS: This Site is controlled by Boxcar from its offices within the Commonwealth of Massachusetts. Boxcar makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.
12. DISPUTE RESOLUTION: Any dispute between Boxcar and You arising out of this Agreement shall be resolved first by direct communication with one or more of Boxcar's management team members. Should Boxcar and You be unable to resolve the dispute by communication, either Boxcar or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of Boxcar's headquarters and pursuant to Massachusetts state law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify nonbreaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
13. ENTIRE AGREEMENT: This Agreement, including the Privacy Policy and Guidelines incorporated herein by this reference, contains the entire agreement between You and Boxcar relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by You relating to the subject matter hereof, or (2) statements of any of Boxcar's employees. Boxcar reserves the right to make changes to this Agreement at any time without advance notice. Boxcar agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.
14. TERMINATION: Your right to access and use the Site immediately terminates without further notice upon Your breach of this Agreement. Boxcar may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections 5, 6, 7, 10, 13, 14 and 17 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. Boxcar reserves the right to discontinue or make changes to the Site at any time.
15. ASSIGNMENT: Boxcar may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without Boxcar's prior written permission. Any attempt by You to assign Your rights under this Agreement without Boxcar's permission shall be void.
16. WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
17. FORCE MAJEURE: Boxcar shall not be liable for any failure or unavailability of the Site and/or services or failure by Boxcar to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the determination or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Boxcar's control.
18. NOTICE: Boxcar may deliver notice to You under this Agreement by means of electronic mail, a general notice on BerkshireAds.com TM , or by written communication delivered by first class U. S. mail to Your address on record in Boxcar's account information. You may give notice to Boxcar at any time via electronic mail to info@berkshireads.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

    Boxcar Media, LLC
    P.O. Box 491
    North Adams, MA 01247
    Tel: 413-663-3496
    Fax: 413-663-3615
    Attn: Paul Renaud
    Electronic Mail: prenaud@boxcarmedia.com

19. HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
20. INVALIDITY: If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.