TERMS OF USE

This page states the "Terms of Use" under which you may use the website maintained by Carshow, Inc. d/b/a Build & Search, Inc. (“the Company, us, we”), Buildandsearch.com (“the Website”).

These Terms of Use include the Privacy Statement, which is incorporated into these Terms of Use by reference. By using the Website, you are indicating your agreement to these Terms of Use, including the Privacy Statement.

Please read this page carefully. If you do not accept the Terms of Use stated here, do not use the Website and the services. By using the Website and Database, you are indicating your acceptance to be bound by the provisions of these Terms of Use. We may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use because they are binding on you. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing this website for any reason.

1. Description and Overview: The Website is an interactive website hosted by us, which seeks to offer the superior solution for automotive enthusiasts and others looking for cars and parts online.

2. Eligibility: You must be 18 years of age or older to visit or use the Website in any manner. By visiting the Website or accepting these Terms of Use, you represent and warrant to us that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to us that you will use the Website in a manner consistent with any and all applicable laws and regulations.

3. Website Restrictions: Users may not use the Website in order to transmit, distribute, store or destroy material, including without limitation content: (a) that violates of any applicable law or regulation; (b) that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive or hateful. Users are also prohibited from violating or attempting to violate the security of any Website, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4. Specific Prohibited Uses: The Website may be used only for lawful purposes by individuals seeking to search for classic or late-model cars or parts. Without limitation, the Website may not be used to do any of the following: (a) post or submit any incomplete, false or inaccurate information or information which is not your own; (b) post on any Website any pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity; (c) send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user; (d) delete or revise any material posted by any other person or entity; (e) take any action that imposes an unreasonable or disproportionately large load on any Website's infrastructure; (f) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Website other than the search engine and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (g) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Website; (h) aggregate, copy or duplicate in any manner any of the content or information available from any Website; or (i) frame or link to any of content or information available from any Website.

5. Registration Information: When you register with the Website, you will be asked to provide us with certain information including, without limitation, a valid email address ("Information"). In addition to the Terms of Use and any privacy policy applicable to any Website, you understand and agree that we may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. If you cancel your registration, all your account information will be removed from the Website and cannot be retrieved once deleted.

6. User Content and Submissions: You are solely responsible for your information, content, messages or other information ("User Content") that you submit, publish or display (hereinafter, "post") on any Website or transmit to other Users. By posting User Content to any Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof. By posting User Content to any public or non-public area of any Website, including message boards, forums, contests and chat rooms, you grant us and our affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed any Website retains any and all rights that may exist in such User Content.

We may act as a passive conduit for the online distribution and publication of User Content and have no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, we may review and delete any User Content that, in the sole judgment of us, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of any Website. We reserve the right to expel Users and prevent their further access to the Website for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive. We may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the us or may cause us to lose (in whole or in part) the services of its ISPs or other suppliers.

The following is a partial list of User Content that is prohibited on the Website. The list below is for illustration only and is not a complete list of all prohibited User Content:

• is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• harasses, incites harassment or advocates harassment of another any group or individual;

• involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";

• promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

• promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;

• contains restricted or password only access pages, or hidden pages or images;

• displays or links to pornographic, indecent or sexually explicit material of any kind;

• provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or

• provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users.

Examples of inappropriate and prohibited profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not you.

We reserve the right in our sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing any content from the Website and/or terminating the offending User's ability to access the Website and/or use our services. We may take any other action with respect to User actions that it deems necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of its ISPs or other suppliers.

We do not represent or guarantee the truthfulness, accuracy, or reliability of any content located on any Website or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

We have no obligation to screen User Content in advance and are not responsible for screening or monitoring any content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, we may in our sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of any content. We have no liability or responsibility to Users for performance or nonperformance of such activities.

7. Registration and Password: You are responsible for maintaining the confidentiality of your password. You shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your password.

8. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement: If you believe that your copyrighted work has been uploaded, posted or copied to any Website and is accessible in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;

2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

3. Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;

4. Your name, address, telephone number and, if you have one, your e-mail address;

5. A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and

6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

We have designated Beals Hubbard, PLC as our agent to receive notices of claims of copyright infringement on the Website. You can contact Eric A. Parzianello as follows:

9. Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others: We respect the intellectual property of others, and we ask anyone who uses the Website to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of the Website, you agree not to use any Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any user, and block access to all Website of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.

10. Our Liability: Note that there are risks, including but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through any Website. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using any Website. Because user authentication on the Internet is difficult, we cannot and do not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Website, in the event that you have a dispute with one or more Users, you release us (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) 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. The Website may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of any Website. The use of the entire Website is at your own risk. Changes are periodically made to Website and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Website. Company cannot guarantee and does not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained by a User from Company or through or from any Website shall create any warranty not expressly stated herein.

11. Disclaimer of Warranty: WE DO NOT WARRANT THAT ANY WEBSITE WILL OPERATE ERROR-FREE OR THAT ANY WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

12. Disclaimer of Consequential Damages: IN NO EVENT SHALL WE, OUR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Limitation of Liability: OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WEBSITE OR YOUR USE OF CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

14. Links to Other Sites: The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.

15. No Resale or Unauthorized Commercial Use: You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any website.

16. Indemnity: You agree to defend us, indemnify us, and hold us, our affiliates, and their respective officers, directors, employees and agents, harmless from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to any website, (ii) your use of any content of any website, or (iii) your breach of the terms of these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding.

17. General: We make no claims that any content on the Website may be lawfully viewed or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access any U.S.-based Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts within the State of Delaware. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of any Website, a particular "Legal Notice," or Software License or material on particular web pages, these Terms of Use constitute the entire agreement between you and the Company with respect to the use of any Website. No changes to these Terms of Use shall be made except by a revised posting on this page.

18. Additional Terms of Use: Certain areas of any Website may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

19. Term and Termination: These Terms of Use will remain in full force and effect while you are a User of any Website. We reserve the right, at our sole discretion, to pursue all of its legal remedies, including but not limited to deletion of any from any Website and immediate termination of your registration with or ability to access any Website and/or any other services provided to you by us, upon any breach by you of these Terms of Use or if the we are unable to verify or authenticate any information you submit to any Website registration. Even after you are no longer a User of any Website, any applicable provisions of these Terms of Use shall remain in effect and whether or not these provisions will remain in effect shall be decided by us in our sole discretion.