Ownership of Site; Agreement to Terms of Use
www.phctexas.com (“Site”) is owned and operated by Power House Collectibles, LLC (“Power House Collectibles”), an independent automotive dealer. The Site is offered to provide information on vehicles listed for sale.
The use of this Site is governed by the policies, terms and conditions set forth below. Power House Collectibles may change, modify, or add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following changes will mean you accept and agree to the changes. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Content:
The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an “as is” basis with no warranty. To the maximum extent permitted by law, Power House Collectibles disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, Power House Collectibles does not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information is subject to change without notice. Due to the large amount of content and information provided, errors can and will occur. By visiting this web site you agree that Power House Collectibles shall be held harmless from all liability and responsibility for any and all errors or omissions in the information provided on this web site. Power House Collectibles shall not be required or obligated to honor any price if said price is incorrect or inaccurate, regardless of whether the information was entered by Power House Collectibles.
Limitation of Liability:
In no event shall Power House Collectibles be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Power House Collectibles has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If, notwithstanding the other provisions of these Terms of Use, Power House Collectibles is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Power House Collectibles’ liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Power House Collectibles, or (2) $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Images, Logos, Trademarks & Copyright:
The images, logos, copy and trademarks contained in this site, including but not limited to the text, images, audio or video, may not be used in any manner, or for any purpose, without Power House Collectibles express written permission, are believed to be in the public domain or used with permission of the respective trademark or copyright holder. The information and images on this site may not in any way be used in any manner, or for any purpose, without the express written permission, of Power House Collectibles or the official holder of the copyright or trademark. Please contact Power House Collectibles if you have questions or concerns about the site content.
Links to External Sites:
This site may contain links to other web sites on the Internet that are owned and operated by third party vendors and other third parties (hereafter referred to as “External Sites”). You acknowledge that Power House Collectibles is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Governing Law; Dispute Resolution You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Collin County, Texas, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Power House Collectibles and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.