Terms of Service Agreement
Last Updated: Febuary 13, 2018
Welcome to PureCars.com. By using this website, you agree to accept this Terms of Service Agreement. This agreement is a legally binding agreement between you and PureCars.com; please read it carefully.
Introduction And General Provisions
The Site is an online research, information, listing, and advertising service. PureCars operates the Site primarily in order to help bring together buyers and sellers of automobiles and automotive related goods and services by providing relevant information that improves the buying process. PureCars does not sell vehicles directly. Neither PureCars nor the Site is a party to any transaction between buyers and sellers. Any and all concerns, discrepancies, or differences regarding a vehicle must be addressed with the seller prior to the sale of a vehicle. PureCars does not (a) guarantee, ensure, or warrant any vehicle or any transaction between a buyer and seller, (b) collect or process payments, fees, or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, transport, deliver, service, repair, warrant, or insure, any vehicles.
Information related to vehicles available on the Site is supplied by the seller or other Affiliates, and discrepancies or errors may appear. PureCars does not purport to verify any of the information for accuracy, omissions or completeness. PureCars is not responsible for the pricing, availability, location, performance, features, options, condition or status (new, used, certified) of listed vehicles or goods and services found on the Site. PureCars does not ensure, warrant, or otherwise, guarantee the information contained or compiled on the Site.
Subject to the laws in your jurisdiction, the price and any other terms of any sale may remain subject to direct negotiation between the buyer and the seller only. The prices listed by sellers or other Affiliates may, among other things, exclude finance charges, license, title, regulatory, emission validation, dealer documentary, compliance fees, federal/state/local taxes, other fees, and other unlisted costs, any and all of which may be added to the listed price to arrive at the final sale price of a particular vehicle.
By “submitting” (which includes permitting access to) data, information, advertisements, photos, listings, reviews, ratings, comments, materials, or any other content (collectively, “Content”) to the Site or PureCars, you hereby grant to PureCars and its Affiliates a perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable, transferable, right and license, to copy, modify, edit, manipulate, store, display, promote, aggregate, distribute, perform, create derivative works from, and in any way use all such Content in any form, media, software, current technology, and/or technology developed in the future. Content excludes consumer nonpublic personal information (as defined by 15 U.S.C. § 6801 through § 6810). You further grant PureCars and its Affiliates a royalty-free right and license to use your corporate or personal name, likeness, image, logo, trademark, copyright, and information, in connection with the distribution or reproduction of said Content and waive any moral rights you may have in said Content.
PureCars will not sell or lease any Content that you indicate is not to be made publicly available (“Proprietary Content”) to any third party. Furthermore, PureCars will take reasonable measures to ensure the Proprietary Content is not released to any third party in a manner that can identify you as the origin of such Proprietary Content, except when such release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), or to protect the rights, property, or safety of visitors to the Site, PureCars, Affiliates, and/or others.
By submitting Content to the Site or PureCars, you hereby represent and warrant that your submission does not contain any computer viruses, worms, or other damaging computer files or code, you have all necessary authority, rights and permissions to submit the Content, and that you own or otherwise control all of the rights (including any copyright, trade secret, trademark, patent, or other intellectual property right) to the Content that you submit. Furthermore, you represent that the Content is accurate; that the use of the Content you submit (by you, PureCars and/or its Affiliates) does not and will not violate any rights, laws or regulations, and will not cause injury to any person or entity. You further agree to release, defend, indemnify and hold harmless PureCars and its Affiliates, and all their respective owners, members, directors, managers, officers, employees, agents, contractors, affiliates, representatives, and licensors (collectively, “Personnel”) from any and all claims, damages, demands, expenses, and costs (including attorney’s fees) resulting from Content you submit.
On occasion, we may permit certain parties (“Inventory Providers”) to supply Content in the form of supplemental automotive inventory available for access by users of the Site (“Supplemental Inventory”). For clarity, PureCars subscribers (“Clients”) who provide Content in the form of automotive inventory available for direct purchase from Clients (“Primary Inventory”) are not considered Inventory Providers. Primary Inventory and Supplemental Inventory will, at all times, be subject to the requirements and restrictions governing all other Content. PureCars accepts and posts Supplemental Inventory solely as an accommodation to Inventory Provider, and reserves the right to terminate the relationship, and/or remove Supplemental Inventory immediately for any reason or no reason. In consideration of PureCars’ agreement to permit an Inventory Provider to provide Supplemental Inventory to the Site, such Inventory Provider agrees, during the period of time that such Inventory Provider’s Supplemental Inventory is being posted on the Site plus 24 months, not to (directly or indirectly) own, manage, operate or invest in any business that, directly or indirectly, owns or operates a consumer-oriented web-based business that is directly designed and intended to facilitate automobile transactions, or that is otherwise directly competitive with the products, services, and features being offered by PureCars.
Software and Site Content
Software programming and technology, including without limitation, all code contained in the Site and all content generated by such code (collectively, “Software”) and the Site itself, is owned by PureCars or its Affiliates, and is protected by copyright and other intellectual property laws, as well as provisions of international treaties. Any unauthorized access to, redistribution, reverse engineering, reproduction, display, publication, or other use of the Software or the Site is expressly prohibited and may result in severe civil and/or criminal penalties. Notwithstanding anything to the contrary, header information found in a portion of Software shall take precedence over the foregoing as to that portion of Software (e.g., open source software developed by an Affiliate shall remain open source).
You may not store, reproduce, publish, display, market, sell, distribute, transmit, duplicate, modify, re-post, re-transmit, or otherwise use any portion of the Site in any manner other than for non-commercial personal use. Requests regarding usage of the Site for any commercial purpose or non-personal use should be directed to Permissions, PureCars, 164 Market Street #250, Charleston, SC 29401. Notwithstanding anything to the contrary, PureCars subscribers (“Clients”) and consumers may use the Site consistent with the intended functionality of a PureCars product for as long as such product subscription is active.
You are free to establish a hypertext link to the Site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by PureCars or any of its Affiliates, and also so long as the linked website does not include any content that is determined by PureCars to be false, misleading, racist, obscene, illegal, defamatory, threatening, invasive of privacy rights, infringing of copyright, trademark, or other intellectual property rights, or otherwise injurious to PureCars or its Affiliates. You may not incorporate into any other website or service any intellectual property of PureCars or its Affiliates. Framing, or any derivation thereof, is strictly prohibited.
As a user, you acknowledge that the Site may include trademarks and service marks owned by PureCars or its Affiliates. You agree not to copy, use, or otherwise infringe upon these trademarks without the prior written consent of the owner of the mark. Furthermore, you agree that you will not alter or remove any trademark, copyright, or other notice from any copies of the Site. The “PureCars” name, logo, slogans and product names are trademarks of PureCars. All rights reserved.
Links To Other Sites
The Site may include links, references, and submissions to other websites and resources not established, operated, or supervised by PureCars. PureCars does not sponsor, endorse, validate, or guarantee these resources, and is not responsible in any way for any practices, terms, content, information, quality, reliability, performance, security, advice, products, or services related to, or made available through them.
Limitation of Liability, Disclaimer of Warranties, and Indemnification
Under no circumstances will PureCars, the Affiliates, or the Personnel in any event be liable to you for any damages or losses including, without limitation, direct, indirect, exemplary, special, consequential, incidental, or punitive damages resulting from, or caused by, the Site, the Software, the Content, the Agreement, or otherwise (including, without limitation, damages resulting from negligence).
PureCars is not responsible for lost revenues, profits, business, information, photos, or data, even if we are advised beforehand of the possibility of such losses or damages. In no event will the aggregate maximum liability of PureCars, its Affiliates, or its Personnel for any claim ever exceed the amount you paid PureCars in the prior six months. You agree to indemnify and hold harmless PureCars, the Affiliates, or the Personnel from events that may arise out of your use of the Site, including without limitation any listing and/or advertisement that is placed, found, or used on the Site.
PureCars will not be held liable in any way to any user, any third-party, or any entity that may receive or use the Site, Software, or other PureCars services for any inaccuracies, delays, omissions, interruptions, errors, and/or other problems. PureCars, the Affiliates, and the Personnel do not make any representation or warranties of any kind regarding the Site, the Software, other PureCars services, or results that may be obtained from use of any of the foregoing.
The Site, the Software, and any other PureCars services are presented on an “as is, as available” basis, and you expressly agree that the use of the Site and reliance on it is at your own risk. All PureCars offerings are services requiring customization and installation and shall not be considered goods for any purpose. There are no warranties that extend beyond the description herein. PureCars its affiliates, and its Personnel specifically disclaim any and all express or implied warranties including, without limitation, the warranties of fitness for a particular purpose, merchantability, non-infringement, completeness, or accuracy of any information made available. PureCars does not guarantee the Site will be continuously available, error free, or free from computer viruses or other known and/or unknown harmful components, or comply with national, state or local laws or regulations. PureCars, the Affiliates, and the Personnel make no representation of warranties, expressed or implied, to any actual or prospective purchaser or owner of any vehicle as to the existence, ownership, condition, availability, location, accuracy, or completeness of any information regarding said vehicle (or product or service) displayed by PureCars. PureCars does not verify or warrant the accuracy or completeness of such information. In its sole discretion, PureCars reserves the right to correct any error or omission in Content it receives. Notwithstanding any of the foregoing, PureCars takes no responsibility and is under no obligation to make or complete any such correction.
Advertisers And Clients
If you are a PureCars subscriber (a “Client”), or if you have purchased advertising space on the Site (an “Advertiser”), and have signed an order form or any other contract by and between you and PureCars (“Signed Contract”), and a conflict exists between the Signed Contract and this Agreement, the Signed Contract will govern.
The Site may send you electronic notification to the email address currently on file regarding changes to the pricing of the services offered by PureCars. Failure to reply to or contest this email within thirty (30) days will constitute your acceptance of the new pricing.
As a Client, you may have the opportunity to register with the Site to obtain access to certain administrative features. You agree that all information you provide during the registration process will be accurate and complete, that you will not register under the name of, nor attempt to enter the Site under the name of, another person or entity, and that your chosen representative has the authority to transact business on your behalf. You will be responsible for preserving the integrity and confidentiality of your user name and corresponding password, and for all actions in regard to accessing the Site. Having a user name and password does not guarantee permission to visit any and all areas of the Site.
You understand and agree that PureCars maintains your access to the Site. You may be terminated as an authorized user of the Site because, in the sole discretion of PureCars, you have violated an agreement with PureCars (including this Agreement) or for any other reason whatsoever. PureCars is not required to provide any warning, reason, or refund to you if you are so terminated. Upon termination, any right to access or use the Site, Software, or any other PureCars services shall terminate. Should it become necessary for PureCars to collect the monetary obligations through an attorney or collections agency, you agree to pay all costs of collecting these monies (including reasonable attorney and/or collection agency fees) to the extent permitted by law.
Client hereby grants PureCars access to Customer’s systems to prepare analytics and publish information that promotes Customer’s vehicles to the public.
The following is a partial list of the type of activities that are prohibited on or through the Site: (a) submitting Content that displays any kind of pornographic or sexually explicit material; (b) using any robot, spider, automatic, or automated device, or a manual process to monitor or copy the Site (“Scraping”) except for non-commercial use or purposes relating to directing users to the Site from general search engines; (c) engaging in activities or submitting Content that could be harmful to minors; (d) engaging in activity that involves the transmission of unsolicited mass mailing or “spam” or “junk mail” to PureCars, Affiliates, or Personnel, or others; (e) engaging in activity or submitting Content, or promoting information that is false, fraudulent, or misleading, or promotes illegal activities or conduct that is obscene, abusive, threatening, libelous, or defamatory; (f) submitting Content that contains restricted or password only access pages, hidden pages, or images; (g) submitting Content that is considered offensive to the online community, such as Content that promotes bigotry, racism, hatred, or physical harm of any kind against any group or individual; (h) submitting Content that provides instructional information about illegal activities; (i) engaging in activities or submitting Content that solicits personally identifiable information or passwords for unlawful purposes from other users; (j) engaging in commercial activities and/or sales such as sweepstakes, contests, advertising, barter, and pyramid schemes; (k) using the lead forms on the Site and/or phone numbers to advertise or promote products and services to Clients or Advertisers; (l) engaging in activity or submitting Content that harasses or advocates harassment of another person or entity; (m) using any software, device, or routine to interfere, or attempt to interfere, with the proper working of the Site; (n) reverse engineering, decompiling, disassembling, or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on the hardware and software infrastructure of the Site.
PureCars in no way accepts unsolicited materials or ideas for use, transmission, or publication in its programming code or in other electronic, digital, or print media.
Your ongoing and continued use of the Site after the posting of any amended Agreement shall constitute your agreement to be bound by any such changes. At any time the Site reserves the right to modify, restrict access to, discontinue, terminate, or suspend the use of the Site, or any portion of the Site, without prior notice or liability.
The Agreement has been constructed in, and will be governed by and in accordance with the laws of the State of Delaware without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Charleston County, South Carolina 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 Charleston County, South Carolina, and waive any objection based on forum non-conveniens.
As a condition of using the Site, you agree that all causes of action arising out of or connected with the Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement will continue in full force and effect. Failure by the Site to enforce any provision of the Agreement will not be deemed a waiver of future enforcement of that or any other provision of the Agreement. Neither the Agreement, nor any terms and conditions contained herein, shall be construed as creating a joint venture, partnership, or agency relationship or granting a franchise between the parties. This Agreement (including your registration and other rights as a Client) may not be transferred or assigned by you without the prior written consent of PureCars. This Agreement may be enforced by, and will be binding upon, the parties hereto and their respective permitted successors and assigns.
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