Carsquare Terms & ConditionsEffective Date: July 15, 2014
Agreement to Terms
The Services We Provide
Our Services: Our Services comprise a variety of vehicle search-related products and services made available through our Sites. These Services include such things as vehicle listings and related information, vehicle related information, advertisements, user forums, and tools. Certain Services may be located on third-party websites or applications, either as links from an add-on service to, or otherwise in connection with, websites or applications that those third parties control.
Registration and Your Information: If you want to use certain features of the Services, you'll have to create an account ("Account"). You can do this through the applicable Site or, if available, through your account with certain third-party social networking services such as Facebook (an "SNS Account"). If you choose the SNS Account option, we'll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
None of Our Services Is an Offer or Promise to Sell: Nothing contained in the Services is an offer or promise to sell a specific vehicle for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. The Services offered therein are provided solely as a forum and technical interface that may connect prospective vehicle buyers with prospective sellers, and other vehicle listing-related service providers. Carsquare does not make any assurance as to the timeliness or accuracy of information provided by any prospective seller and or vehicle listing-related service provider including any vehicle fitness evaluation, or other related follow up.
Deal with Us in Good Faith: By creating an Account, you agree that you are signing up for the Services in good faith, and that you mean to use them only for their intended purposes as vehicle information and marketing tools and for no other reason.
Security: While Carsquare works to protect the security of your content and Account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your Account. You are also responsible for maintaining the confidentiality of your Account information and for ensuring that only authorized individuals have access to your Account. You are responsible for all actions taken or content added through your Account.
Do Not Abuse Our Sites and Services: You may not engage in the practices of "screen scraping," "database scraping," "data mining" or any other activity with the purpose of obtaining lists of vehicles or other information from our Sites or that uses web "bots" or similar data gathering or extraction methods. You may not copy or distribute any content, including any listing content, without the prior written consent of Carsquare or its partners. You may not frame any part of our Sites or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
No Endorsements: Carsquare does not sponsor, endorse, recommend or approve of any prospective vehicle seller or vehicle listing-related service provider who offers services through the Services.
While we try to confirm that participating prospective vehicle seller or vehicle listing-related service provider, we cannot and do not represent or warrant that any prospective vehicle seller or vehicle listing-related service provider who presents vehicle inventory services through the Services is qualified, or capable of performing any such service. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. All non-Carsquare trademarks, registered trademarks, product names, and logos appearing on our Services are the property of their respective owners.
You agree to comply with all applicable laws and regulations.
No Sublicensing/Reverse Engineering: You may not: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services (except to the extent specifically permitted by applicable law; or (iv) make the functionality of the Services available to multiple users through any means.
Our Rules About User Content
Do Not Post Illegal or Harmful Content: You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal, state, or local law, rule, or regulation. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful, or that contains a virus or other malicious code.
Do Not Violate Others' Rights: You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes, but is not limited to, information about neighbors or other information that would potentially be viewed as an invasion of privacy.
You Grant Carsquare a License to Use Your User Content: When you provide User Content via our Services, you hereby grant to Carsquare a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, and fully sublicensable and transferable license under any and all intellectual property rights that you own or control to publish, reproduce, distribute, perform, display, adapt, modify and prepare derivative words of, and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for any User Content you provide to Carsquare.
Your Content May Be Made Public: You understand and agree that any User Content that you post or submit to Carsquare may be redistributed through the Internet and other media channels, and may be viewed by the general public.
Feedback: We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, publicly perform, publicly display and otherwise exploit the Feedback for any purpose.
Carsquare Intellectual Property and Licenses
Carsquare Does Not Own Vehicle Listing Source Images: Carsquare does not assert copyright ownership or grant any rights to the underlying images or descriptions of vehicle listings that may be contained in our search results and that we derive from third party sources or owners of such information. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. Carsquare does assert copyright and reserves all rights to the search results and associated compilations.
Digital Millennium Copyright Act Compliance
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), Carsquare has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers of other people's copyrights. If you believe that your work has been copied and has been posted or submitted to the Services in a way that constitutes copyright infringement, please provide Carsquare’s copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of the location where the material that you claim is infringing upon on the Sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Third-Party Links, Sites, and Services
Our Services may contain links to third-party websites, advertisements, services, special offers, or other events, activities, or content (collectively "Third-Party Materials"). These Third-Party Materials are not under the control of Carsquare. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Carsquare is not responsible or liable for your use of or access to any Third-Party Materials. Whenever you leave the Services, be aware that your activity outside our Services will not be governed by our Terms or Use or other agreements.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ALL USE OF OUR SERVICES IS AT YOUR SOLE RISK.
Carsquare makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Services. Carsquare takes no responsibility and assumes no liability for any User Content or other content, including links to webpages, that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Carsquare is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Services.
Limitation of Liability
IN NO EVENT SHALL CARSQUARE, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVERTISERS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, PROFITS, GOODWILL OR DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES.
Modification of the Services: Carsquare reserves the right to modify or discontinue (completely or in part) our Services, or any content appearing therein, in whole or in part. Carsquare will not be liable to you or any third party if we exercise this right.
Termination: We reserve the right, with or without notice and in our sole discretion, to terminate any license to the Services and your access to and use of the Services, in whole or in part, and to block or prevent future access to and use of the Services.
Unless you have entered into an additional agreement with Carsquare that provides for an alternative dispute resolution mechanism, you agree to any dispute arising between you and Carsquare will be governed by the arbitration procedure outlined below.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Carsquare, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Carsquare may bring a formal proceeding.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States County where you live or work, Loudoun County, Virginia, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Carsquare will pay all arbitration fees for claims less than $100,000. Carsquare will not seek its attorneys' fees and costs in arbitration unless he arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or Carsquare may assert claims, if they qualify, in small claims court in Virginia or any state where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Carsquare agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Virginia. Both you and Carsquare consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
or in writing at