Use Agreement – Terms of Use

By accessing CarExchange.com, including extensions thereof, you are entering into CarExchange.com’s Use Agreement (“Agreement”) and you agree to be bound by the terms of this Agreement. This Agreement includes the terms and conditions set forth herein, CarExchange.com Privacy Policy (available at http://www.carexchange.com/privacy/ and incorporated herein by reference) and any other terms incorporated by reference herein.

In case you do not agree to the terms of this Agreement, you must stop the use of CarExchange.com (the Site”) immediately. You agree to be bound by this Agreement, if you remain on CarExchange.com.

CarExchange.com reserves the right to change terms of use at any time as described at Changes to this Agreement section. Please check periodically at http://carexchange.com/terms-of-use/ for updates to this Agreement.

Changes to This Agreement

CarExchange.com reserves the right to change any of the terms of this Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this web page (or such other page accessible by clicking on the Site Use Agreement link in the footer of this Site) periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use this Site after changes are posted, you accept the changes and agree to them

License

CarExchange.com grants you a limited license to access the Site and use the services in accordance with these terms and the instructions and guidelines posted on the Site. CarExchange.com reserves the rights to terminate your license to use the Site and services at any time and for any reason or in the future charge for commercial usage.

Copyright Act Claims

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on CarExchange.com system or network, should be forwarded in the form of written notice to CarExchange.com agent: CarExchange.com 233 S Wacker Dr Suite 8400 Chicago IL 60606 Email:В dmca@carexchange.com All claims must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line Site are covered by a single notification, a representative list of such works at that Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Responsibilities

You are solely responsible for your use of the Site and services. Any content placed on CarExchange.com does not represent the advice, views, opinions or beliefs of CarExchange.com. CarExchange.com makes no claim of accuracy of any user-posted material. CarExchange.com allows for the posting of links to third-party websites. The linked websites’ content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or services does not imply any endorsement by or any affiliation with CarExchange.com. In accessing the Site and services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate.

Registration Data & Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Use of Information

Limited permission to copy all documents and related graphics from CarExchange.com is granted subject to the following:

The materials provided herein are for personal, non-commercial use only,
Any copies of documents contained on this Site or portions thereof must include the above copyright notice, and
You may not copy or print more than one copy of material posted on this Site.

Documents published on CarExchange.com may contain other proprietary notices or describe products, services, processes or technologies owned by CarExchange.com or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of CarExchange.com or any third party. Except as expressly granted under this Agreement, all rights are reserved by CarExchange.com. You may not display CarExchange.com in frames or utilize any other techniques to display without the prior express written consent of CarExchange.com. You may not use any meta tags or any other “hidden text” utilizing CarExchange.com name or trademarks without the prior express written consent of CarExchange.com. You may not use CarExchange.com domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using CarExchange.com. You may not link to CarExchange.com, without CarExchange.com prior consent, which consent may be withdrawn by CarExchange.com at any time, with or without notice, in CarExchange.com sole discretion.

Data Mining Prohibited

You may not use bots or similar methods or tools to “data mine” or otherwise gather or extract data from CarExchange, without CarExchange.com prior consent, which consent may be withdrawn by CarExchange.com at any time, with or without notice, in CarExchange.com sole discretion.

Limitation of Liability

You and all users of CarExchange.com assume all responsibility and risk for the use of this Site and the internet generally. CarExchange.com assumes no responsibility for the accuracy, completeness, reliability or usefulness of any information (or other material), apparatus, or other process contained on, distributed through, or linked downloaded or accessed from this website. In no event shall CarExchange.com or its affiliates be liable for any special, indirect, or consequential damages or any damages whatsoever (including but not limited to loss of use, data, or profits) arising out of or in connection with (a) The use or performance of this Site or any third party site (defined below), (b) Any information, material, apparatus or other process contained on, distributed through, or linked, downloaded or accessed from this website (including without limitation, those contained on a third party site), (c) Any products or services purchased on or through a third party site, or any products or services purchased or obtained as a result of an advertisement or other information or material on or in connection with this website, or (d) The internet generally, or otherwise relating to the subject matter of this agreement; whether based on breach of contract, negligence or other tort, or other form of action or legal theory, regardless of whether CarExchange.com has been advised of the possibility of such damage.

No Warranties

Any material on CarExchange.com may include technical or other inaccuracies or typographical errors. CarExchange.com is made available to you on an “as is” basis, without any warranties of any kind, and without any representations or guarantees. CarExchange.com and its affiliates hereby disclaim all warranties, representations and endorsements, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non infringement. No advice or information given by CarExchange.com, its affiliates or their respective employees shall create any warranty. Without limiting the generality of the foregoing: (a) Neither CarExchange.com nor its affiliates represents, warrants or guarantees that this website or the internet generally will be uninterrupted or error free or that any information, software or other material accessible from this website is free of viruses or other harmful components, and (b) Neither CarExchange.com nor its affiliates makes any representations, warranties or guarantees regarding (1) The operation or performance of this website or any third party site, (2) The nature, content or accuracy (either when posted or as a result of the passage of time) of any information, material, apparatus or other process contained on, distributed through, or linked, downloaded or accessed from this website (including without limitation, those contained on a third party site), (3) Any products or services purchased on or through a third party site, or any products or services purchased or obtained as a result of an advertisement or other information or material on or in connection with this website, or (4) The internet generally. In the event of any conflict between this section (no warranties) and other terms or provisions of this agreement, this section shall govern.

Access / Failure to Comply

CarExchange.com has the right to terminate, suspend or restrict your access to CarExchange.com, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access CarExchange.com. CarExchange.com also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement. You agree, at your own expense, to indemnify, defend and hold CarExchange.com (and its subsidiaries, officers, directors, agents, employees, service providers and third parties providing content on this Site) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) your breach of any representation, warranty, covenant or obligation set forth in this Agreement (or any other violation of this Agreement), (b) any information, content or other material transmitted, submitted or provided by you through this Site (including, without limitation, CarExchange.comвЂ™s exercise of its rights with respect to such information), (c) your publication or use of any user review displayed on this Site, or (d) your use of (or conduct on) any third party site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any third party site (including without limitation, any advertisement or coupon for products or services on any third party site), (ii) any transactions initiated or conducted by you through any third party site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any third party site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), (iv) any reservations you make on or through any third party site, and (v) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any third party site).

Information and User Provided Content

“User Provided Content” means information, content and other material that any user of CarExchange.com submits or otherwise provides to CarExchange.com (including but not limited to feedback, user reviews, data, questions, answers, comments, suggestions, plans, ideas or the like). If any user of this Site submits or otherwise provides CarExchange.com with User Provided Content, such User Provided Content will be deemed to be non-confidential, and CarExchange.com assumes no obligation to protect such User Provided Content from disclosure (and assumes no obligation to publish such User Provided Content and no other obligation of any kind with respect to such User Provided Content). Notwithstanding anything to the contrary, this Agreement does not apply to any Advertiser Content (as defined in any Advertising Agreement between you and CarExchange.com) that you provide to CarExchange.com in connection with such Advertising Agreement. You grant CarExchange.com and its affiliates the absolute, perpetual, irrevocable, transferable, royalty-free, worldwide, unrestricted, right, license and authority to (a) use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any User Provided Content that you submit or otherwise provide to CarExchange.com, in whole or in part, in such manner, format and media as CarExchange.com may see fit in its sole discretion and for such purposes as CarExchange.com may see fit in its sole discretion, without compensation to you, and (b) grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to CarExchange.com in this paragraph, subject to such terms and conditions as CarExchange.com may deem appropriate in its sole discretion, without compensation to you. Without limiting the preceding paragraph, the submission or provision of User Provided Content to CarExchange.com will in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by CarExchange.com for any purpose whatever. You represent and warrant that you have the right and authority to grant CarExchange.com the rights, licenses and authorizations afforded by this Agreement without the consent or authorization of any other person or entity, and that the exercise of any such rights, licenses, or authorizations by CarExchange.com or its sublicenses will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. By submitting or otherwise providing User Provided Content (including, without limitation, user reviews), you represent and warrant that (a) you are the sole author and owner of the intellectual property rights thereto, (b) all “moral rights” that you may have in such User Provided Content have been voluntarily waived by you, (c) all such User Provided Content is accurate, (d) you are at least 18 years old, and (e) use of such User Provided Content will not cause injury to any person or entity. You further agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through, this Site any information, content or other material (including, without limitation, user reviews) that (a) violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging computer programs or files. You agree and understand that CarExchange.com may, in its sole discretion for any reason, and without any prior notice or liability, delete any files that you may maintain at CarExchange.com, and any material you may choose to post here. You should keep a copy of any material that you maintain or post at this Site because CarExchange.com will not undertake to retain copies of any material that CarExchange.com or others may delete from this Site.

Terms of Conditions for Sale By Owner

By listing your vehicle on CarExchange.com website, you acknowledge and agree that:

The vehicle you list for sale is in your possession.
You have the right to transfer the advertised vehicle’s title to the purchaser.
You are willing to sell the advertised vehicle at the price and on any other terms specified in your listing.
В You will place only one listing per unique vehicle and you will not advertise more than one vehicle in a single listing, either by including descriptions of multiple cars in one listing or by subsequently updating the listing information to advertise different vehicles.
Upon selling or otherwise taking your vehicle off the market, you will within 72 hours delete the listing for that vehicle.
You will not use your listing to advertise or promote anything (including, without limitation, any product, service or business) other than one unique vehicle offered for sale.
You will properly identify yourself as either an “Individual Seller” or a “Dealer”.
If you placed a listing with an error that cannot be corrected through the CarExchange.com interface, you will contact CarExchange.com customer service at support@carexchange.com to inquire about making changes to your listing and CarExchange
.com shall determine whether such changes will be permitted.
You will not use the CarExchange.com Site for any fraudulent, false, misleading or deceptive activity.
All content and information that you provide to CarExchange.com is truthful, accurate and complete.
You have the full right, title and interest in and to all content, photos and other material that you provide to, or post on, CarExchange.com.
Photos provided for the listing will only show the vehicle listed for sale and may not include under any circumstances people, animals, or other objects not part of the vehicle.

CarExchange.com reserves the right, in its sole discretion, to remove any listing or photo, without notice and without liability, that does not meet the requirements of this Agreement or that CarExchange.com deems, in its sole and exclusive discretion, that is inappropriate for any legal, business, technical or other reason. CarExchange.com listings can only be created for the vehicles and models specifically identified in the CarExchange.com selection tools. Users are solely responsible for the information, content, and photos contained within your listings. Listings only contain the features expressly indicated. CarExchange.com individual listings may not appear on the CarExchange.com Site for up to 72 hours. CarExchange.com does not make and expressly disclaims any and all representations and warranties to you regarding this service, including, without limitation, any representations or warranties that you will sell your vehicle, obtain an acceptable price for your vehicle, only receive legitimate inquiries or solicitations from qualified buyers, or receive any inquiries regarding your vehicle for sale.

Vehicle Information Warranty & Liability

The information on vehicles provided in this service is supplied by the seller or other third parties; CarExchange.com is not responsible for the accuracy of such information. CarExchange.com provides this service and materials without representations or warranties of any kind, either expressed or implied. All prices and specifications are subject to change without notice. Prices may not include additional fees such as government fees and taxes, title and registration fees, finance charges, dealer document preparation fees, processing fees, and emission testing and compliance charges.

Waiver of Class Action and Jury Trial and Consent to Binding Arbitration

In any legal proceeding relating to this Agreement, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. Any claim, controversy, or dispute that arises under or relates to this Agreement shall be referred by the aggrieved party tobinding arbitration under the Commercial Rules of the American Arbitration Association.