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FOR SALE BY OWNER - BUYER TERMS


FOR SALE BY OWNER Terms and Conditions for prospective coach buyers.

1. You (referred to either as “You”, “Your”, or “User”) agree and confirm that You are at least 18 years of age.

2. You agree that Your inquiries about a coach listed on this service will be forwarded directly to the seller or its designated contact and, that as part of providing this service, MCI may capture and use information from those inquiries for its own marketing purposes as well as any purpose to which You have consented or otherwise authorized; however, in the absence of such consent or authorization, any such information gathered will be utilized only in accordance with its Privacy Policy.

3. You agree that MCI has no obligation to respond to Your inquiries about a For Sale by Owner coach, it being the Coach Owner's sole decision whether or not to respond.

4. You represent and warrant to MCI and to any coach owner that the information that You provide in the form to MCI and to the owner of the coach is and will continue to be true and accurate in all material respects and that You, and only You, are responsible for the information you furnish and any and all legal consequences that may arise from providing such information to the Seller or MCI.

5. By providing the service to You, You agree that MCI is not a content provider with respect to the information posted on the For Sale by Owner pages or individual listings and is therefore entitled to, and reserves to itself, all of its rights, defenses, remedies and other protections available to it under the Digital Millennium Copyright Act and other applicable laws.

6. You agree that MCI is under no obligation to continue to furnish this service for a specific length of time and that listings may be added in MCI's sole discretion or removed as the coach owner directs in writing or as MCI may determine in its sole discretion. You also acknowledge that the coaches listed for sale on any search results page limited to For Sale By Owner coaches or that are shown in a listing of coaches with “owner” displayed as all or part of their location information are the property of their respective owners and not offered for sale by MCI. FURTHERMORE YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MCI BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THE CONDITION OR ANY OTHER CHARACTERISTIC OR SPECIFICATION OF THE COACH LISTED FOR SALE BY ITS OWNER, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL MCI BE LIABLE FOR ANY OTHER OBLIGATIONS OR LIABILITIES, INCLUDING LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, ENHANCED, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS AND LOSS OF USE) WITH RESPECT TO ANY AND ALL INFORMATION PROVIDED BY THE OWNER OR ITS EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, WHETHER ON THE WEBSITE OR ELSEWHERE (REGARDLESS OF THE FORM OR MANNER OF ITS USE, DISPLAY OR TRANSMITTAL), OWNER’S SALE OF THE COACH OR ITS PURCHASE AND USE BY YOU OR ANY OTHER PERSON. NO PERSON IS AUTHORIZED TO CHANGE OR OTHERWISE MODIFY THIS LIMITATION OF WARRANTY OR ASSUME ANY OTHER LIABILITY ON BEHALF OF MCI UNLESS SUCH CHANGE, MODIFICATION OR ASSUMPTION IS MADE IN WRITING AND SIGNED BY AN OFFICER OF MCI.

7. You acknowledge that MCI may add, change or delete any of these Terms and Conditions; change the look and feel or other characteristics of the webpage, the search engine, the manner in which it or the content is displayed; or add, change or delete the imposition of any fees, improve or discontinue the service in whole or in part, or modify the circumstances under which such fees may be imposed or waived at any time and in any manner it determines in its sole discretion. You acknowledge that You are responsible to periodically check for updates to these Terms and Conditions and that MCI is under no obligation to send You any notice of such changes.

8. You acknowledge that by using this website, You are not receiving and MCI is not transferring or licensing to You, any right, title, interest, or license of any nature, to any of its trademarks, service marks or other intellectual property rights. You further acknowledge that You are prohibited from using, changing, copying, distributing or otherwise reproducing or transferring any MCI intellectual property rights or any listing or other information on this or any other MCI website or web page accessible through or linked to www.mcicoach.com. You further agree that You are not permitted to create any direct links or other means of access to this listing from another website without the advance written consent from MCI in the form of a license agreement satisfactory to MCI. Any attempt to transfer MCI intellectual property to a third party shall be void without the advance written consent of a senior vice president or higher ranking officer of MCI.

9. MCI’s failure to take a specific action to enforce any alleged or actual breach of these Terms and Conditions or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach and shall not be considered a waiver of its right to take a different action with respect to the same alleged or actual breach or the same or different actions in connection with a subsequent breach of the same or a different provision of these Terms and Conditions.

10. You acknowledge Your understanding that by providing this service to You and to coach owners through Your use of this website (including, without limitation, allowing the owner to display pictures and other information about its coach(es) and permitting You to search for them and providing a means of contacting the seller) does not make MCI Your agent or the agent of the coach owner, and neither causes MCI to assume any of the coach owner’s obligations or responsibilities as the seller of the coach nor makes MCI in any way responsible for Your acts or omissions, those of the coach Owner or Your respective employees, officers, directors, our respective employees, officers, directors, successors, agents or assigns.

11. These Terms and Conditions are governed by the laws of the state of Illinois excluding its laws with respect to conflicts of laws. You and MCI agree to attempt to resolve disputes first by good faith negotiations or other mutually acceptable form of dispute resolution prior to filing any lawsuit. Any law suit filed after such mutual good faith attempt to resolve the dispute has failed, shall be filed in the Circuit Court of Cook County, Illinois or the United States District Court for the Northern District of Illinois and neither party may object to the jurisdiction of either court over their person or complain that the forum is not convenient. Both parties waive their right to a trial by jury unless such waiver is considered impermissible due to the applicable law or public policy prevailing at the time of the filing of such suit.

12. You agree that these Terms and Conditions and the MCI privacy policy are the complete final and exclusive terms and conditions applicable to Your use of this For Sale by Owner web page and that no person is permitted to orally add, change, or delete any of these Terms and Conditions.

You must click the blue “I Agree” button to acknowledge that You have read, understood, and agree to be bound by, all of the foregoing Terms and Conditions governing Your use of the For Sale by Owner website.

Motor Coach Industries - A New Flyer company: Corporate Address 200 East Oakton Street, Des Plaines, Illinois 60018 | Phone: 866-MCICOACH

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