DRAFT Terms of Use

VISITOR AGREEMENT. This website is owned and operated by Big Sky Classic Motors. These Terms of Use apply to the site located at the URL www.bigskyclassicmotors.com ("BSCM"). Access to and use of this website is offered to the visitor conditioned on the visitor's acceptance without modification of the terms, conditions, and notices contained herein. By accessing and using this website, you are deemed to have agreed to all such terms, conditions, and notices.

ACCURACY OF VEHICLE LISTINGS INFORMATION. BSCM displays listings of pre-owned vehicles for sale by licensed automobile dealers and the vehicle descriptions and prices listed are electronically posted to BSCM either directly or through a third party by the participating dealer who owns the vehicle. The transmission of vehicle listings from the participating dealer for posting to BSCM necessarily involves the passage of time and the possibility that unintentional errors can occur. When viewing vehicle listings on BSCM, you must understand that:

RESTRICTIONS ON YOUR USE OF BSCM. All materials published on BSCM, including, but not limited to vehicle listings, descriptions, photographs, images, illustrations, pricing information, reviews and video clips, ("Information") are the sole property of Big Sky Classic Motors or its third-party providers and is protected by trademark, copyright, and other intellectual property rights. You may access and use BSCM solely for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any Information, software, products or services obtained from BSCM.

DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF BSCM AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. BIG SKY CLASSIC MOTORS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING BSCM, THE INFORMATION CONTAINED ON BSCM OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. BSCM AND ALL INFORMATION CONTAINED ON BSCM ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND BIG SKY CLASSIC MOTORS 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. BIG SKY CLASSIC MOTORS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE INFORMATION. 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. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL BIG SKY CLASSIC MOTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES), REGARDLESS OF THE FORM OF ACTION, THAT RESULT FROM OR RELATE TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR INFORMATION AVAILABLE ON THIS SITE. IF YOU ARE DISSATISFIED WITH ANY SERVICE OR INFORMATION, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF Big Sky Classic Motors, ITS AFFILIATES OR ANY OF ITS THIRD-PARTY PROVIDERS ARE FOUND LIABLE IN CONNECTION WITH A CLAIM ARISING OUT OF OR RELATED TO THE SERVICES OR THE INFORMATION, THEIR AGGREGATE LIABILITY IN SUCH AN EVENT SHALL NOT EXCEED FIFTY DOLLARS ($50). YOUR RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES TO WHICH YOU MAY OTHERWISE BE ENTITLED FROM BIG SKY CLASSIC MOTORS. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

LINKS TO THIRD PARTY SITES. This site may contain hyperlinks to websites operated by parties other than Big Sky Classic Motors. Such hyperlinks are provided for your reference only. Big Sky Classic Motors does not control such websites, and is not responsible for their contents or accessibility.

MODIFICATION OF THESE TERMS OF USE. Big Sky Classic Motors reserves the right to change these terms of use at any time by posting revised terms on the site. You are responsible for regularly reviewing these terms of use. Continued use of this site following any such changes shall constitute the your acceptance of such changes.

GENERAL. This agreement is governed by the laws of the State of Montana applicable to contracts executed and performed entirely within that state. You hereby agree that any cause of action you may have with respect to this site must be exclusively filed in the federal or state courts located in Gallatin County, Montana, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Gallatin County, 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. Use of this site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Failure by Big Sky Classic Motors to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use. This Agreement constitutes the entire agreement between you and Big Sky Classic Motors with respect to this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Big Sky Classic Motors with respect to this site.