| |
Privacy Statement and Terms of Service
Effective
Date: October 15th, 2009
This Site,
Inc. respects the privacy of visitors to our website. Please read this
Privacy Statement carefully so that you understand what information we
collect through our website and what we do with that information. This
Privacy Statement applies only to information collected online through
This website and does not describe the ways in which we may collect or
use information obtained offline or through any means other than our
website. If you have any questions about this Privacy Statement, please contact
Customer Service.
PROTECTING THE PRIVACY OF CHILDREN
Children
should always get permission from their parents before sending any
information about themselves (such as their names, email addresses, and
phone numbers) over the Internet, to us or to anyone else. Our website
is not directed at children under 13 and we won't knowingly allow anyone
under 13 to provide us any personally identifying information; if you're
under 13, please don't provide any information about yourself on this
website.
THE
INFORMATION WE COLLECT
The
information we gather falls into two categories: (1) information
supplied by visitors to the site when they list a car for sale, perform
a search, enter a sweepstakes or other promotional contest, or inquire
about a vehicle listed for sale or about another product or service
offered through our website; and (2) tracking information gathered as
visitors navigate through our website and review our email newsletters
and other email messages. Third-party providers featured on or linked to
by our website, such as vendors of products and services offered through
our site, may be gathering information, as well, through processes we
don't control.
Searches
and Listings To make use of certain features on our site, visitors need
to provide limited information about themselves and their interests so
that we can tailor the information we provide to their needs. For
example, to help you find the car you want close to home, we need to
know what kind of car you're looking for and your zip code. We ask you
to provide this information when you perform a search. We use this
information to help you find the car you're looking for.
If
you find a listing that interests you, you may enter your information
via our form or call the dealer trough our website, we'll share with the
seller the contact information you supply through our online form. We
will send you an email automatically and we will text message you when
we “think” the dealer has a vehicle for you.
(Standard text massaging rates may apply)
If you wish to opt out for text message and
any other responder including but not limited to: Phone Calls, Text
Message, Email and Mail
click here. Some dealerships that list vehicles for sale on our site
use third-party service providers to manage their "leads" (that is, the
inquiries they receive from consumers who are interested in the vehicles
they've listed for sale) If a dealership has designated a provider of
lead management services, we may also share with that provider any
information you elect to send to the dealership through our "Email this
Seller" form. Vehicle manufacturers like to monitor how responsive their
franchised dealers are to consumer inquiries. To help them monitor and
improve dealer performance, we may also provide vehicle manufacturers
with the information you send their franchised dealers using our "Email
this Seller" tool. If you find a listing for a certified pre-owned
vehicle that interests you and elect to send the seller an email through
our website, we'll also share the information you supply through our
"Email this Seller" form with the manufacturer of the vehicle you're
inquiring about (which administers the certified pre-owned program) to
use for quality assurance, internal business analysis, process
management, and other similar purposes. If you do not wish to share your
email address or other contact information with sellers who advertise on
our website, lead management service providers, and vehicle
manufacturers, you should not use our "Email this Seller" contact form.
Many of the dealership listings that appear on our website include
toll-free telephone numbers that can be used to contact the dealership
that is selling the advertised vehicle. If you call a dealership using
one of these toll-free numbers, we may provide the dealership with the
date, time, and duration of your call, as well as the number from which
your call originated. If you wish to contact a dealership that
advertises on our website without disclosing this information, please
contact the dealership by email or by dialing its local telephone
number. When you list a car for sale, we ask for information on the car
and on how you can be contacted by potential buyers. We also ask for
your credit card number and the expiration date on your card. We use
this information to create your ad and to process your payment.
Sweepstakes and Other Promotions From time to time, we may offer
sweepstakes or other promotions on our website. If you enter a
sweepstakes or promotional contest, we'll ask you to provide information
about yourself (such as your name, address, and email address). Among
other things, we'll need this information to contact you if you win, and
we may also use this information for marketing purposes. We may share
this information with any co-sponsor of the contest or sweepstakes;
we'll identify the co-sponsor in the contest rules. We may also share
this information with shipping or fulfillment companies or other
third-party service providers that help administer our promotions, such
as by conducting drawings, and/or delivering prizes to winners. If you
don't want us to collect the information requested in the contest or
sweepstakes registration form or to provide it to co-sponsors, please do
not enter the contest or sweepstakes.
Online
Surveys From time to time, we survey our users to measure their
satisfaction with our site and other sites and to help us learn more
about our audience and how they interact with our site. Third-party
research firms often conduct these surveys on our behalf. We use the
survey results to help us improve the services we offer to you. Except
in the circumstances described below in the "Other Disclosures" section
of this policy, we will not share, without your consent, any
personally-identifying information you submit in response this
sites survey with any company other than the research firm conducting
the survey. We will, however, take the information you provide and
aggregate it on an anonymous basis with data collected from other survey
participants. We may use and disclose that pool of anonymous information
as we see fit, without identifying you personally.
You may
also find on our site invitations to participate surveys conducted by
our advertisers, whose privacy practices we don't control. These
invitations will usually link to an online survey form that is hosted
either by the advertiser conducting the survey or by a third-party
research firm working on the advertiser's behalf. When you access an
advertiser's survey through our website, use and disclosure of any
information you submit will be governed by the advertiser's privacy
policy (or by the privacy policy of the advertiser's research firm),
which may differ from ours. If you can't find the applicable privacy
policy via a link either from the advertiser's survey invitation or from
the online survey form, you should contact the advertiser directly for
more information.
Email
Addresses If you provide us your email address, we may email you about
our website or our services, or to inquire about your experience using
our website or sites operated by others. From time to time, we'll also
send you emails that may include automotive information; special
promotions and other commercial offers that we think may be of interest
to you. Though we hope you'll find these communications informative and
useful, if you don't, you can always unsubscribe by following the simple
instructions included in each email. And you can opt-out of receiving
these types of commercial offers at all by indicating, when you list a
car for sale or inquire about a car listed on our website, that you'd
prefer not to receive these communications.
Cookies To
help us tailor our website to the needs and interests of our visitors,
we keep track of the pages visited by our users by placing a cookie, a
small entry in text file, on your hard drive. The cookie contains an ID
number that allows us to track the pages you've visited. We aggregate
this data with data on the pages visited by other users to track overall
visitor traffic patterns. We use this information to improve our site by
making it more responsive to the needs of our users. We also use cookies
to make sure you don't see the same ad repeatedly during a single visit
to our site. Cookies don't reveal personally identifying information;
the only personal information a cookie can contain is information you
supply yourself. Cookies can't read unrelated data off your hard drive.
Our advertisers and third parties that provide products and/or services
through our site may also assign their own cookies, a process we don't
control. The help function on most web browsers contains information on
how to set your browser to notify you before accepting a cookie or to
disable cookies entirely. However, if you don't accept cookies, you
won't be able to take advantage of various features on our site that are
available to other visitors. Our "Find Your Car" feature, for example,
won't work properly if you configure your browser not to accept cookies.
Web
Beacons To help us (and in some cases our advertisers) keep track of how
many users are accessing particular pages and listings within our
website, and to track how users respond to ads we place on third-party
websites, we may place a small file, called a web beacon, on some of our
pages and on some of the listings we distribute. In combination with
cookies, these web beacons allow us (or our advertisers) to track the
number of users who view particular pages and listings to fine tune the
advertising messages delivered to users of this and other websites,
including sites in This Site Access advertising network (www.inventoryblaster.com).
We may use "clickstream" data collected using web beacons and cookies to
help us tailor the content of promotional messages, including email
messages, to the perceived interests of our users. Advertising networks
with which we are affiliated and third-party advertising services that
we use may also use web beacons on our site to gather similar anonymous
"clickstream" information, which is used to fine tune advertising
messages delivered to our visitors and visitors to other websites. (See
"Data Collected in Connection with Ad Serving and Targeting," below, for
more information.).
Browser
Level Information Our web server automatically collects limited
information about your computer configuration when you visit our site,
including the type of browser software you use, the operating system
you're running, the resolution of your computer monitor, the website
that referred you, and your IP address. (Your IP address is a numerical
address that is used by computers connected to the Internet to identify
your computer so that data (such as the web pages you want to view) can
be transmitted to you. We also use IP address information for systems
administration and trouble shooting purposes. Your IP address does not
tell us who you are.) We use this information to make our site as useful
as we can for as many users as possible.
Data
Collected in Connection with Ad Serving and Targeting This Site works
with leading third-party advertising companies. Their services include
targeting and serving some of the advertisements, promotions, or other
marketing messages you see on the pages of our site and other
websites. This Site also operates an advertising network of automotive
specialty sites known as the This Site
Access
network (www.inventoryblaster.com).
Anonymous tracking information called "clickstream" data is collected
from our website and other websites so that other companies including
This Site, can use such information, sometimes in conjunction with
similar anonymous information gathered through other websites, to
deliver advertisements tailored to match the perceived interests of
consumers. Clickstream information collected from users of This Site is
used to serve targeted advertsements on This Site and other websites,
including sites in This Site Access advertising network. This
clickstream data does not identify you personally and does not include
your name, address, email address or telephone number, but it may
include the IP address of your computer. We also use DoubleClick
software to serve our own ads and collect similar information in the
process. DoubleClick, inventoryblaster.com may also use cookies and/or
web beacons to collect anonymous information directly from our users. If
you would like to know more about DoubleClick's information gathering
practices and opt-out procedures, please see the privacy statement on
the DoubleClick
website. To opt out of DoubleClick's ad targeting program,
please click
here. If you would like to learn more about
inventoryblaster.com information collection practices and opt-out
procedures, please see the privacy statement on the Inventoryblaster.com website
USE
AND DISCLOSURE OF INFORMATION
When we
present information to our advertisers-to help them understand our
audience and confirm the value of advertising on our website--it is
usually in the form of aggregated statistics on traffic to various pages
within our site. Any credit card information you may provide to us is
secured during transmission over the Internet using industry--standard
secure socket layer (SSL) encryption and is stored on our secure
servers. (See "Security," below.) We use your credit card information
only to bill you for the products and services you order from us. We
don't share your credit card information with anyone, except as may be
necessary to process your transactions or comply with law. We may
collect, or have a third party collect on our behalf, aggregated
statistical information about how visitors use and navigate around our
site, such as the number of users who visit various pages within the
site, what they click on, whether they scroll up or down on particular
pages, fill out forms, etc. This aggregated information does not
identify you personally. We use this information to improve our site. We
may also disclose this aggregated information to third parties.
LINKS
AND FEATURES OFFERED IN CONJUNCTION WITH OTHER PROVIDERS
To make
our website more valuable to our visitors, we feature some products and
services that come from other providers. Our finance, insurance,
warranty, and inspection services, for example, are made available
through cooperative arrangements with companies that specialize in
providing such services. We share with these third parties such
information as is necessary for them to provide the products or
services. Our site includes links to other websites, and provides access
to products and services offered by third parties, whose privacy
policies we don't control. When you access another website or purchase
products or services or conduct other transactions through our website,
use of any information you provide is governed by the privacy policy of
the operator of the site you're visiting or the provider of such
products or services. When you provide information in the course of
obtaining products or services through our site, use of any information
you provide may be governed by the privacy policy of the provider of
those products or services. The provider's privacy policy may differ
from ours. If you can't find the privacy policy of any of our provider
partners via a link either from their site's homepage or from the pages
on which the products or services are offered, you should contact the
provider directly for more information.
OTHER
DISCLOSURES
We may
occasionally release information about our visitors when release is
appropriate to comply with law, to enforce our Visitor Agreement, or to
protect the rights, property or safety of visitors to our site, our
customers, the public or This Site. As our business grows, we may buy or
sell various assets. In the unlikely event This Site, one of its
business units, or substantially all of its assets is acquired by
another company, information on our visitors would be among the
transferred assets. If you choose to unsubscribe in response to an email
message that we send on behalf of an advertiser, we will share your
email address and opt-out instructions with the advertiser to ensure
that your email privacy preferences are honored. Similarly, if we ask a
third-party company to send its customers email offers on our behalf, we
will share with that company (or its agent) a list of email addresses
collected from website visitors who have opted out of our email program
to ensure that their privacy preferences are honored. We may allow
others to search some of our databases (our listings database, for
example) and to analyze the data they find there or aggregate it with
other data, either for their business purposes, or ours. Though some of
the information in our databases may be personally identifying (such as
the contact information included in a vehicle listing), we'll only allow
searches of the portions of our database that contain information that
is otherwise publicly available on our website. When we use other
companies to help us operate our site or improve the services we offer
to you, we may provide them with information about our visitors that is
necessary for them to perform their services. We require that these
companies commit to use the information only to perform the services
that we request.
SECURITY
Information we gather on our website is stored within This
Site-controlled databases (or databases hosted on our behalf) on servers
maintained in protected environments. Any credit card information you
provide us is secured for transmission over the Internet using
industry-standard secure sockets layer (SSL) encryption. Click
here to learn more about the SSL protocol on webopedia.com.
However, no physical or electronic security system is impenetrable. We
cannot guarantee the security of our servers or databases, nor can we
guarantee that information you supply won't be intercepted while being
transmitted to us over the Internet. And, of course, any information you
include in a vehicle listing is available to anyone with Internet
access.
CHANGES TO THIS PRIVACY STATEMENT
The web is
an evolving medium. If we need to change our privacy policy at some
point in the future, we'll post the changes to this Privacy Statement on
this website and update the reference to the effective date to reflect
the date of the amendment. By visiting This Site, you agree that your
visit, and any dispute over privacy, is governed by this Privacy
Statement and our Visitor
Agreement Below;
Visitor Agreement
Welcome to This Site, a service of This Site, Inc. By using this
website, you accept the terms of this Visitor Agreement. This is a
legally binding agreement between you and This Site; please read it
carefully.
General Provisions
This Site respects your privacy. Please take a moment to review our
privacy statement.
We invite you to bring to our attention any material on our site that
you believe to be inaccurate. Please forward a copy of the material to
our Customer Service Manager, along with an explanation of your
objection.
If you are an owner of intellectual property who believes your
intellectual property has been improperly posted or distributed via this
website, please notify us by sending email to
support@inventoryblaster.com
The Web is an evolving medium. This Site may change the terms of this
agreement from time to time. By continuing to use this website following
our posting of such changes, you agree to be bound by this agreement, as
modified. This Site may change, restrict access to, suspend, or
discontinue this website, or any portion of this website, at any time.
The material that appears on This Site is for informational purposes
only. Despite our efforts to provide useful and accurate information,
errors may appear from time to time. Before purchasing a vehicle or
other goods or services you've read about on This Site, you should
confirm with the vendor any information (including the price) that is
important to your purchasing decision. This Site is not responsible for,
and does not guarantee the performance of, any such vehicles, goods or
services.
Buying and Selling Vehicles
This Site is a vehicle listing and information service that brings
together buyers and sellers. Information about a particular vehicle is
supplied by the seller, not by This Site. The price and other terms of
any sale remain subject to direct negotiation between the buyer and the
seller. The prices listed by sellers on This Site often exclude sales
tax, finance charges, title, license, regulatory, dealer documentary,
emission testing and compliance fees, any or all of which may be added
to the listed price to arrive at the final sale price of a particular
vehicle. Though we hope that all who come to This Site will act
honorably and treat each other fairly, we can't verify the information
sellers supply or guarantee the vehicles they offer. Nor can we assure
the seller of a vehicle that the check he/she gets from the buyer isn't
going to bounce. When using this website to find a buyer for your
vehicle or a vehicle you can buy, we urge you to use the same common
sense and good judgment you would use in selling a car through, or
responding to, a classified ad in the newspaper.
Please read our fraud awareness tips before you buy or sell a car
through a classified ad, whether on This Site or in your local
newspaper. There is no substitute for healthy skepticism and your own
good judgment.
In connection with our efforts to combat Internet fraud, some listings
may be screened before being posted publicly. This process may delay
display of your listing. We may also screen some email messages sent to
sellers about vehicles listed on This Site. If it appears that your
email message has not reached the seller of the vehicle you're inquiring
about, you might try inquiring by telephone if the seller has provided a
telephone number.
When you offer a vehicle for sale through This Site, you must be
prepared to sell that vehicle at the price at which, and the terms on
which, you've listed it. You must have possession of the actual vehicle
listed and the ability to transfer title. To list a vehicle for sale on
This Site, sellers are required to provide certain identifying and
contact information. The information must accurately identify the seller
and the method of contact must permit buyers to communicate directly
with the seller. You may not charge any potential buyer for information
about any vehicle listed for sale on This Site, nor may you use our
website to promote, without our prior written permission, any other
website, product or service. Sell Your Car ads are available only to
private sellers who want to list their vehicles for sale.
Sell Your Car ads are not to be used to advertise more than one vehicle
per ad purchased, regardless of ad duration. For this reason, you cannot
edit your vehicle's Year, Make, Model or VIN once you've purchased your
ad. Always double-check this information before submitting your ad.
Individuals who seek to list more than five vehicles on the This
Swebsite simultaneously, and all dealers, must make other arrangements
with us. To find out more about listing and advertising opportunities on
This Site, visit our This Site Dealer page. By using our Sell Your Car
service, you represent that you are not a motor vehicle dealer, that you
are not listing a vehicle for sale in your capacity as an owner,
employee or representative of a dealer, and that neither you, nor anyone
acting on your behalf will list more than five vehicles for sale
simultaneously. This Site reserves the right to deny use of this website
to anyone who does not comply with these requirements or who otherwise
uses our website in a manner we consider inappropriate.
This Site offers a variety of ad packages, with combinations of features
that vary by market area. For information about the ad packages
available to private sellers in your area, click the "Sell Your Car" tab
or button on our home page. On the next page, enter your ZIP code to
view our product offerings. Dealers can select our Standard Listings,
Featured Listings, or Premium Listings. Please visit our This Site
Dealer page for more information.
When you list a vehicle for sale through our Sell Your Car service, we
may obtain additional distribution for your listing through our
relationships with other websites, including Univision, MSN Autos, MSN
Latino, NADA Guides and Edmunds. Neither This Site nor any website
through which we distribute your listing will charge you any additional
fee for this additional exposure. It's just added value from This Site.
Responsibility for the information contained in each listing lies with
each seller. You alone are responsible for material you post and for the
content of all email messages transmitted through This Site. Nothing
will undermine a user's confidence in the vehicle you're looking to sell
faster than inaccurate statements or misleading representations about
the vehicle. And since any erosion of user confidence in you is likely
to be accompanied by erosion of user confidence in us, we care deeply
about making sure that the information you supply is accurate and that,
in all respects, you treat This Site users fairly and honorably.
Though we can't monitor every transaction that originates through a
listing on This Site, we may perform random quality assurance tests to
confirm that those who offer vehicles for sale over This Site are
prepared to sell the vehicles they advertise at the prices at which, and
the terms on which, they advertise them. By using our Sell Your Car
service, you agree to cooperate in these random quality assurance tests.
If our tests reveal, or we otherwise learn, that a seller is engaging in
"bait and switch" or other unfair or deceptive practices, This Site
reserves the right to deny that seller use of the Sell Your Car service.
By placing an ad through our Sell Your Car service, you agree to pay the
fees specified for the package you select, regardless of whether your
vehicle sells as a result of the listing. Take care in selecting your ad
package and inputting your ad information; listing fees are generally
not refundable, even if you provide erroneous information or fail to
sell your vehicle. Click here for our Refund Policy.
Our used car listings include vehicles that have been "certified" as
meeting certain standards established by manufacturers and/or dealers in
connection with their pre-owned vehicle programs. The decision to
certify any particular vehicle is made by the certifying manufacturer or
dealer, and the vehicle information included in This Site's certified
vehicle listing is provided by the listing dealer. Neither This Site nor
the manufacturer is responsible for the accuracy of any information
contained in a certified vehicle listing and only the manufacturer or
dealer that certifies a vehicle is responsible for the decision to
certify that vehicle. You should familiarize yourself with the terms of
the applicable certification program before buying any certified
vehicle. Ads purchased by private sellers through our Sell Your Car
service will not appear in any "certified" area of our website. Our
certified ads apply only to vehicles certified by the automobile
manufacturers with which we have partnerships.
This Site is an online advertising resource. Unless you choose to
purchase a magazine plus online ad package, the online ads you purchase
on This Site will not appear in any of the Trader magazines, which are
published by Cox Auto Trader, Inc., a separate, but related, company. In
most market areas, sellers can choose to purchase a magazine plus online
ad package that includes both an online ad on This Site and a print ad
in a local Trader magazine. The availability and features of these
magazine plus online ad packages vary by market area. To check the
availability and review the features of the magazine plus online ad
offerings in your area, click the "Sell Your Car" tab or button on our
home page. On the next page, enter your ZIP code to view our product
offerings. If you do not see a menu option for a combination print and
online ad package for your area, you may still be able to purchase a
separate print ad in a Trader magazine but you will need to contact the
Cox Auto Trader office closest to you for more information.
Links to Other Sites
For your convenience, we make available a variety of links to other
websites that we don't operate where you can obtain automotive related
products and services, including insurance, warranties, financing and
inspection services. Although we encourage you to consult such websites,
we cannot guarantee the prices, terms, quality, reliability or
performance of the products or services provided by these vendors. This
Site is not responsible for the products or services these vendors
provide. If you choose to purchase an inspection through such a
third-party website, remember that an inspection is not a warranty.
Although inspections can be of significant value in the purchase of a
pre-owned car, an inspection is not a guarantee that the inspected car
is free from defects or that the inspectors have identified all existing
defects. Before you purchase inspection services, you should confirm
with the inspector the location at which the inspection will be
conducted, the scope and price of the inspection, and any other
information you consider important to your decision. You are responsible
for coordinating and arranging for the inspection. You release This Site
and its affiliates from any damages that you may incur, and agree not to
assert any claims against them, arising from your purchase or use of
third-party supplied products and services.
For your convenience, we make available links to websites operated by
car dealerships that list their cars in our online classifieds. Although
we may power some of these dealer websites, we are not responsible for
any of the content that appears on these sites, including, without
limitation, promotional contests and sweepstakes offers. We do not
co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or
contest offer that may be promoted from time to time on our site, or
that may be accessible through a link from our site, and you release
This Site and its affiliates from any damages that you may incur, and
agree not to assert any claims against them, arising from your entry,
participation or acceptance of any prize in any such sweepstakes or
contest offer.
Ownership and Permissions
This Site is made available for your personal, non-commercial use only.
The materials on this site are the property of This Site or its
licensors, and are protected by U.S. copyright laws, other copyright
laws, and international conventions. Except as explicitly provided in
this agreement, you may not distribute, transmit, display, reproduce,
modify, create derivative works from, or otherwise exploit any of the
materials on this site. You may display and occasionally print a single
copy of any page on the site for your personal, non-commercial use, but
you may not otherwise reproduce any material appearing on this site
without the prior written consent of the owner. You may not store any
significant portion of, nor distribute copies of, materials found on
this site, in any form (including electronic form), without prior
written permission from the owner. Requests for permission to reproduce
or distribute materials found on This Site should be sent to our
Customer Service Manager.
You are free to establish a hypertext link to this site so long as the
link does not state or imply any endorsement or sponsorship of you, your
company, or your site by This Site or any of its affiliates. However,
without the prior written permission of This Site, you may not frame any
of the content of This Site, nor incorporate into another website or
other service any intellectual property of This Site or its licensors.
Requests for permission to frame our content may be sent our Customer
Service Manager, either by email or at the address above.
This Site and the This Site logo, which are trademarks of
InventoryBlaster.com and Inventory Blaster LLC are used by This Site,
The names of other products and services referred to on the site may be
the trademarks of their respective owners. You may not use any trademark
or service mark appearing on This Site without the prior written consent
of the owner of the mark. All contents of this site are: Copyright
1998-2009 This Site, Inc. and/or its licensors. All rights reserved.
You may post listings, ratings, reviews, comments and other content, so
long as the content is not false, misleading, illegal, obscene,
threatening, defamatory, invasive of privacy rights, infringing of
copyright, trademark or other intellectual property rights, or otherwise
injurious to This Site or third parties. By submitting content to This
Site you agree to abide by the terms of this Visitor Agreement and any
rules or policies established by This Site for the area of our site in
which you post your content.
By submitting listings, ratings, reviews, comments or other content to
This Site, you represent and warrant that your submission does not
contain any computer viruses, worms, or other damaging computer files or
code and that you own or otherwise control all of the rights (including
any copyright, trademark, trade secret, patent or other intellectual
property right) to the content that you submit. You further represent
that the content is accurate, that the use of the content you submit
does not violate this Visitor Agreement, any applicable laws or
regulations or the intellectual property rights of any third parties and
will not cause injury to any person or entity, and that you will
indemnify and hold harmless This Site, its affiliates and service
providers (and all of their respective officers, directors, employees
and representatives) from all claims, demands, damages and costs
(including attorneys' fees) resulting from content you submit. If you
submit a vehicle rating and/or review, you represent that your
submission is based on your own honest opinion, finding and/or
experience, that you are not employed by the manufacturer of the vehicle
you are rating or writing about and that you have not received and will
not receive any compensation for your submission.
By submitting any content to This Site, you are permanently granting
This Site and its affiliates, successors and licensees all rights to the
material, including a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sub-licensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, sell,
distribute, and display such content throughout the world in any media
without compensation to you, and to maintain the material in an archive.
Among other things, This Site uses listings data to derive other useful
information (such as vehicle valuation information) for display, sale
and distribution. You further grant to This Site and its affiliates and
successors the perpetual right to use your name, image and likeness in
connection with such content, if they choose, without compensation to
you.
Although This Site cannot monitor all the listings and content posted to
our website, we reserve the right (but assume no obligation) to delete,
move, condense or edit any ads, ratings, reviews, content or other
postings that come to our attention that we consider unacceptable or
inappropriate, whether for legal or other reasons. We retain the right
to deny access to anyone who we believe has violated these terms or any
other term of this agreement. We will not, in the ordinary course of
business, review the content of private electronic messages that are not
addressed to This Site. However, we may occasionally release information
concerning such communications when release is appropriate to comply
with law (including disclosure in response to a request from a law
enforcement agency), to enforce our Visitor Agreement, or to protect the
rights, property or safety of visitors to our site, our advertisers, the
public or This Site. Notwithstanding the foregoing, This Site takes no
responsibility and assumes no liability for any content posted to our
website by you or other third parties.
Disclaimer of Warranties, Limitation of Liability, and Indemnification
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE
AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU
UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS,
INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND
SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS
PROVIDED TO YOU "AS IS." THIS SITE AND ITS AFFILIATES, AGENTS AND
LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS,
CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR
ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR
PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE
THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT
THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS
SITE AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY
CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT
POSTED TO OUR WEBSITE BY YOU OR ANY OTHER THIRD PARTY.
UNDER NO CIRCUMSTANCES WILL THIS SITE OR ITS AFFILIATES, AGENTS OR
LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN
DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT
OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE,
INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL,
INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING
LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE
ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE
THAT THE LIABILITY OF THIS SITE AND ITS AFFILIATES, AGENTS AND
LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF
OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU
PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY
ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO
INDEMNIFY AND HOLD HARMLESS THIS SITE, ITS EMPLOYEES, OWNERS,
REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER
NATURE, THAT ARISE OUT OF ANY LISTING YOU PLACE THROUGH OUR SELL YOUR
CAR SERVICE.
Registration
To obtain access to certain This Site services, you will be given an
opportunity to register with This Site. As part of the registration
process, you agree that the information you supply during that
registration process will be accurate and complete and that you will not
register under the name of, nor attempt to enter the service under the
name of, another person. We reserve the right to disallow use of user
that we deem offensive or inappropriate. You will notify This Site's
Customer Service Manager of any known or suspected unauthorized use of
this site.
Miscellaneous
No spamming or data scraping. We want potential buyers visiting This
Site to feel free to share their email addresses with those listing
vehicles for sale on our site. By listing a vehicle for sale on this
site, you agree to use the email addresses of those responding to your
listing only for purposes of communicating with them about the potential
sale of that vehicle. By using this website, you agree not to use
information concerning other users of This Site, or the vehicles they've
listed or searched for on this website (including listing information,
user names, email addresses, telephone numbers, and/or other
information), for any purpose other than to explore the potential
purchase or sale of a listed vehicle.
This Visitor Agreement has been made in, and will be construed in
accordance with the laws of, the State of Louisiana. By using this
website, you consent to the exclusive jurisdiction and venue of the
state.
|
|