Effective December 1, 2016
I. ABOUT THE SERVICE
The Service allows Users to post content created by the User (“User Generated Content”). The Service may provide marketing, advertising, referral and informational services for Users. The Service may permit Users to advertise vehicles on the Service (“Ad Listings” or “Listings”) and methods to contact sellers. The Service may provide auto-financing related content and methods to request auto-financing from a lender and other services for Users, including, but not limited to, leads for automobile financing providers, automobile insurance providers, research and informational content related to purchasing a vehicle, and tools to compare car features and pricing.
The Service is not engaged in sales of new or used vehicles. The Service does not provide automobile financing, insurance or any other related products or services, nor does the Service act as an agent or broker for any automobile financing or insurance providers.
III. REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
Users must be at least 18 years old to register for and use the Service. Users who sign up for the Service will create a personalized account, which includes a unique username and a password, to access the Service and to receive messages from the Service. Users agree to notify the Service immediately of any unauthorized use of a User password and/or account. The Service will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of a User’s username, password and/or account.
IV. USE RESTRICTIONS
Permission to use the Service is conditioned upon the following use restrictions and conduct restrictions: Users agree not to:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and/or offensive;
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another User’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that the Service deems to impose or to potentially impose an unreasonable or disproportionately large load on the Service’s servers or network infrastructure;
- bypass any robot exclusion headers or other measures the Service takes to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another User’s browser or computer.
V. POSTING AND CONDUCT RESTRICTIONS
When Users create a personalized User account, Users may be able to provide User Generated Content. Users are solely responsible for the User Generated Content that is posted, uploaded, linked to or otherwise made available via the Service. Users agree that the Service is only acting as a passive conduit for Users’ online distribution and publication of User Generated Content. The Service, however, reserves the right to remove any User Generated Content from the Service at its discretion.
The following rules pertain to User Generated Content. By transmitting and submitting any User Generated Content while using the Service, the User agrees, as follows:
- The User is solely responsible for the User account and the activity that occurs while signed in to or while using the User account;
- The User will not post information that is malicious, false or inaccurate;
- The User will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless User is the owner of such rights or has the appropriate permission from their rightful owner to specifically use and/or submit such content;
- The User will not embed HTML tags, scripting code, or other special character codes in the User Generated Content; and
The User understands and agrees that any liability, loss or damage that occurs as a result of the use of any User Generated Content that the User makes available or accesses through use of the Service is solely User responsibility. The Service is not responsible for any public display or misuse of the User’s User Generated Content. The Service does not, and cannot, pre-screen or monitor all User Generated Content. However, at the Service’s discretion, the Service, or technology the Service employs, may monitor and/or record User interactions with the Service.
The fees for User Ad Listings are not based on usage. Fees for the Service are billed in advance, are non-cancelable, non-refundable and non-transferable. No refunds or credits will be provided for partial months or unused time. Users will receive an Ad Listing renewal notification via email five (5) days prior to the Ad Listing expiration date. Upon an Ad Listing expiration and failure to renew, all files related to the expired User Ad Listing will be deleted from the Service’s server.
VII. ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Service, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Service does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than the Service. The Service takes no responsibility and assumes no liability for any User Generated Content that a User or any third party posts or transmits over the Service. Under no circumstances will the Service be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted by or to Users.
VIII. LINKS TO OTHER SITES AND/OR MATERIALS AND/OR SERVICES (LEAD GENERATION)
As part of the Service, the Service may provide Users with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service Users. The Service has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Service, and the Service is not responsible for any Third Party Sites accessed through the Service or any Third Party Applications, Software or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Service. If User decides to leave the Service and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, User does so at User’s own risk and should be aware that the Service’s terms and policies no longer govern. The User should review the applicable terms and policies, including privacy and data gathering practices, of any site to which the User navigates from the Service or relating to any applications User uses or installs from the site.
IX. TRANSACTIONS BETWEEN USERS AND/OR THIRD PARTIES
The actual contract for any sale, lease, financing, insurance or other product is directly between Users of the Service and any automobile financing provider, insurer, dealers and/or other third party, as applicable (“Third Party” and, collectively, “Third Parties”). Third Parties and Users are solely responsible for all aspects of the transactions in which they choose to participate. No transactions will be conducted on or through the Service, and the Service is not responsible for brokering any transactions between Third Parties and Users.
The Service is provided as a platform for Users to connect with the Third Parties. The Service does not screen and has no control over Third Parties who may offer vehicles for sale or lease or Third Parties who may provide or offer to provide any financing or insurance. The Service does not review or authenticate any advertisements, offers, deals, rates, or any other purchase, lease, financing or other terms related to any advertisements on the Service. Therefore, Users of the Service should be aware that:
- The Third Party and User are completely and solely responsible for negotiating the sale, lease, exchange, financing or insuring of goods or services. The Service is not a party to any transaction between the User and Third Party.
- The Third Party and User must resolve any disputes that may arise from any transactions amongst themselves and without the Service’s involvement.
- The Third Party and User are responsible for researching and complying with any applicable laws, regulations, rules or restrictions on products, services, or manner of sale, lease, exchange, financing or insuring that may pertain to transactions in which they participate. The Third Party and User must make the final determination as to the value and appropriateness of the transaction.
- The Service is not responsible for and has no liability in connection with any transaction between a Third Party and User, including but not limited to between a User and a creditor, lender and/or insurer, related to any vehicle purchase, lease, financing, insurance and/or any offers or promotions listed on the Service by a third party advertiser or the presence of any Third Party on the Service.
A User’s correspondence or business dealings with, or participation in promotions of, Third Parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such Third Party. User agrees that the Service will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third Parties on the Service. Users should use personal judgment and exercise caution where appropriate.
IT IS THE USER’S RESPONSIBILITY TO READ THE DESCRIPTIONS OF THE VEHICLES, OFFERS, PROMOTIONS, FINANCING, INSURANCE AND ANY OTHER PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SERVICE (COLLECTIVELY, “PRODUCTS”) BY THIRD PARTIES AND TO PHYSICALLY INSPECT THE PRODUCT AND RELATED AGREEMENTS PRIOR TO COMPLETING SUCH TRANSACTION(S). Third Parties are responsible for disclosing prior rental and demonstrative history, frame damage, salvage history, stolen-recovery history, flood damage, and any material cosmetic or mechanical damage defect or irregularity of the Product. It is the Third Party’s sole responsibility to ensure that the Product meets all local state and federal emission and safety standards applicable for the model and year of the Product and that such Product is provided in compliance with all applicable laws, rules and regulations.
IT IS THE RESPONSIBILITY OF THE USER TO ASK FOR A COPY OF THE WRITTEN WARRANTY AND ANY OTHER TERMS APPLICABLE TO THE TRANSACTION BEFORE THE USER COMPLETES THE TRANSACTION. IT IS, ALSO, THE USER’S RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE WARRANTY BEING OFFERED, AND ANY OTHER APPLICABLE TERMS, FOR THE PRODUCT THE USER IS CONSIDERING BEFORE COMPLETING THE TRANSACTION.
IT IS THE RESPONSIBILITY OF THE USER TO ASK FOR A COPY OF THE WRITTEN RETURN POLICY BEFORE COMPLETING THE TRANSACTION OF A PRODUCT. IT IS THE USER’S RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE RETURN POLICY BEING OFFERED FOR THE PRODUCT BEING CONSIDERED BEFORE COMPLETING THE TRANSACTION.
THE SERVICE DOES NOT GUARANTEE PRODUCT PRICES OR AVAILABILITY. All transactions are conducted by the Third Party. All Product descriptions and prices provided to Users on the Service, or via separate contract following a User submission of a request or inquiry to the Third Party, are made by the participating Third Party possessing the described Product and not the Service. ALL PRODUCTS ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN A USER REQUEST OR INQUIRY IS PROCESSED OR RECEIVED BY THE THIRD PARTY.
IT IS THE USER’S RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT THE USER IS BEING ASKED TO MAKE OR FEES BEING CHARGED TO THE USER AS PART OF THE PRODUCT TRANSACTION. Absent a specific agreement between the User and the Third Party, the Third Party is not required to hold any Product off the market and is free to sell any Product at any time before the User has executed the contract to purchase or lease such Product. The act of submitting a request or inquiry through the Service does not place a hold on any specific Product in the Third Party’s inventory. A monetary deposit made by the User to the Third Party is not a guarantee that a specific Product will be available for the User to purchase or lease unless the User and the Third Party specifically agree to such term. It is the User’s responsibility to confirm with the Third Party that the Product will be held off the market until the User can complete the purchase or lease. Whether the User’s deposit is refundable or not is subject to the User’s contractual agreement with the Third Party and the applicable law. Users should not assume a deposit made towards the purchase or lease of a Product is fully refundable.
X. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. The Service respects the intellectual property rights of others and requests that Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Service has adopted and implemented a policy that provides for the termination in appropriate circumstances of the account of any User of the Service who is a repeat infringer. The Service may terminate access to the Service by any User who is found repeatedly to provide or post protected third party content without possessing the necessary rights and permissions.
(b) DMCA Take-Down Notices. If a copyright owner or authorized agent (also referred to herein collectively as “Copyright Owner”) thereof believes, in good faith, that any materials provided on the Service infringe upon the copyright owner’s copyright(s), the Copyright Owner may submit a notification pursuant to the Digital Millennium Copyright Act 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Service via email to: copyright at (replace with @) rpmcollectorcars.com:
1. The date of the notification;
2. A physical or electronic signature of the individual authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable the Service to locate such work;
5. Information reasonably sufficient to permit the Service to contact the Oopyright owner, such as an address, telephone number, and/or email address;
6. A statement that the Copyright Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Copyright Owner and/or the applicable law; and
7. A statement under penalty of perjury by the copyright owner that the information in the notification is accurate and that the individual submitting the DMCA Take-Down Notice is either the copyright owner or the agent authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
(c) Counter-Notices. If a User believes that User Generated Content which has been removed from the Service is not infringing, or that the User has the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in the User’s User Generated Content, the User may send a counter-notice containing the following information to the Service using the contact information previously set forth in this section at subsection (b):
1. User’s physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that the User has a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. User must provide his/her/its legal name, mailing address, telephone number, and email address and consent to the jurisdiction of the federal court in Utah.
If a counter-notice is received by the Service, the Service may send a copy of the counter-notice to the original complaining party indicating the Service may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the User who provided the content in question, the removed content may (in the Service’s discretion) be reinstated on the Service in 10 business days after receipt of the counter-notice.
XI. LICENSE GRANT
By posting any User Generated Content via the Service, the User expressly grants, represents and warrants that the User has a right to grant to the Service a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Generated Content and User’s name, voice, and/or likeness as contained in the User Generated Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
XII. INTELLECTUAL PROPERTY
Users acknowledge and agree that the Service and the Service’s licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to Users under this Agreement.
XIII. EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Service or any of its officers, employees, agents or representatives in any situation where notice to the Service is required by contract or any law or regulation.
XIV. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
The Service may also use the User’s email address, to send Users other messages, including information about the Service and special offers. Users may opt out of such email by changing the User’s personalized account settings or sending an email to: admin at (replace with @) rpmcollectorcars.com.
Opting out may prevent Users from receiving messages regarding the Service or special offers.
XV. WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE SERVICE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND/OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE SERVICE MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. USERS ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO EACH USER.
XVI. LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR REPRESENTATIVES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO USERS FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF A USER’S USER GENERATED CONTENT; (B) A USER’S USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE SERVICE OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SERVICE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO EACH USER.
If a User has a dispute with one or more Users, Third Parties, or a merchant of a product or service that User reviews using the Service, User releases the Service (and its officers, directors, agents, representatives, subsidiaries, joint ventures, attorneys and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code §1542, which states that “[a] general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him, must have materially affected his settlement with the debtor.”
XIX. MISCELLANEOUS TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Service to enforce any provision of this Agreement will not be considered a waiver of the Service’s right to enforce such provision. The Service’s rights under this Agreement will survive any termination of this Agreement.
Users agree that any cause of action related to or arising out of User’s relationship with the Service must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.