Effective Date: January 20rd, 2015
The terms "AutoChoice24.com," "we," "us," and "our" refer to AutoChoice24.com. and the terms "you" and "your" refer to you as a user of our websites, mobile and other online applications and products and services (collectively, the AutoChoice24.com).
The material that appears on the AutoChoice24.com Sites is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the AutoChoice24.com Sites may, from time to time, contain errors. The AutoChoice24.com Sites includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the AutoChoice24.com Sites, and you should not rely on it without independent verification.
We invite you to bring to our attention any materials or information on the AutoChoice24.com Sites that you believe to be inaccurate. Please forward a copy of the materials or information to our Customer Service Manager, along with an explanation of the inaccuracies.
Buying and Selling Vehicles
The AutoChoice24.com Sites is a vehicle listing and information service that brings together buyers and sellers. AutoChoice24.com is not a party to any transaction between vehicle buyers and sellers that originates on or through the AutoChoice24.com Sites. Information about a particular vehicle is supplied by the seller, not by AutoChoice24.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
Though we hope that all who come to the AutoChoice24.com Sites will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. When using the AutoChoice24.com Sites to find a buyer for your vehicle or a vehicle to purchase, we urge you to use the same common sense and good judgment you would use in selling a vehicle through, or responding to, a classified ad in the newspaper.
Please read our fraud awareness tips before you buy or list a vehicle on the AutoChoice24.com Sites. There is no substitute for healthy skepticism and your own good judgment.
Buying a Vehicle
The prices listed by sellers on the AutoChoice24.com Sites 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. Before purchasing a vehicle or any other good or service you have read about on the AutoChoice24.com Sites, you should confirm with the seller any informationluding the price, that is important to your purchasing decision. AutoChoice24.com is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services listed or researched on the AutoChoice24.com Sites.
We may screen some email messages sent through the AutoChoice24.com Sites to sellers about vehicles listed on the AutoChoice24.com Sites. If it appears that your email message has not reached the seller of the vehicle you are inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
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 the AutoChoice24.com Sites' certified vehicle listing is provided by the listing dealer. Neither AutoChoice24.com nor the manufacturer is responsible for the accuracy of any information contained in a certified vehicle listing. Only the party 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 a certified vehicle. Ads purchased by private sellers through our Sell Your Car service will not appear in any "certified" area of the AutoChoice24.com Sites. Ads for certified vehicles apply only to vehicles certified by dealers in accordance with the certification programs of the automobile manufacturers with which we have partnerships.
Listing Your Vehicle
The AutoChoice24.com Sites offers a variety of ad packages to private sellers, with combinations of features that may vary by market area. To sell your own vehicle, register a customer account. Once authenticated, you will be presented with a dashboard which will allow you to post your vehicle to the "dealer bidding system" area in which all registered dealers will be able to see the vehicle and vehicle information. Your contact information will only be displayed to the dealer once you accept a bid. You may only accept one bid. Once the bid is accepted, you will be notified by email about the dealer contact information, as the dealer will be notified to contact you.
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 the AutoChoice24.com Sites, nor may you use the AutoChoice24.com Sites to promote, without our prior written permission, any other website, product, or service.
By using the AutoChoice24.com Sites to sell your vehicle as a private seller, you represent that you are at least 18 years of age, 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. A private seller who wishes to list more than five vehicles simultaneously, and any commercial dealer wishing to list any vehicle, must make arrangements with us before doing so. Please visit weworkforyou.com for information.
Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you postluding listing information and photos of your vehicle, and for the content of all email messages you transmit through the AutoChoice24.com Sites. Nothing will undermine a user's confidence in the vehicle you are 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 other users of the AutoChoice24.com Sites fairly and honorably.
By listing a vehicle for sale on the AutoChoice24.com Sites, you agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle.
BY REDEEMING AN OFFER, YOU AGREE NOT TO SUE AutoChoice24.com, ITS AFFILIATES, ITS SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF ANY VEHICLE SALE OR TRADE-IN TRANSACTION THAT YOU ENTER INTO WITH A PARTICIPATING DEALER. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF SUCH A TRANSACTION, YOU AGREE TO LOOK SOLELY TO YOUR PARTICIPATING DEALER FOR YOUR REMEDY AND NOT TO THE RELEASED PARTIES.
For your convenience, we make available a variety of links to other websites that we do not operate where you can obtain automotive-related products and servicesluding insurance, warranties, financing, and inspection services.
If you choose to purchase an inspection through a third-party website for a vehicle that you are interested in buying, remember that an inspection is not a warranty. Although inspections can be of significant value in the purchase of a pre-owned vehicle, an inspection is not a guarantee that the inspected vehicle 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. You are responsible for coordinating and arranging the inspection. You release AutoChoice24.com 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.
Although we make available links to the websites of third-party providers of products and services, we are not responsible for the prices, terms, quality, reliability, or performance of the products or services provided by them. Your correspondence or business dealings with, or participation in the promotions of, vendors or other third parties found on or through the AutoChoice24.com Sitesluding payment and delivery of goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred as the result of such dealings with or the presence of such third parties on the AutoChoice24.com Sites.
For your convenience, we make available links to websites operated by dealers that list their vehicles on the AutoChoice24.com Sites. Although we or our affiliates may power some of these dealer websites, we are not responsible for any of the content that appears on these websitesluding, 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 the AutoChoice24.com Sites, or that may be accessible through a link from the AutoChoice24.com Sites, and you release AutoChoice24.com and our affiliates from any damages that you may incur, and agree not to assert any claims against any of them, arising from your entry, participation, or acceptance of any prize in any such sweepstakes or contest offer.
You are free to establish a hypertext link to the AutoChoice24.com Sites so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by AutoChoice24.com or any of our affiliates. However, without our prior written permission, you may not frame any of the content of the AutoChoice24.com Sites, nor incorporate into another website or service any intellectual property of AutoChoice24.com or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in this Visitor Agreement should be sent to our Customer Service Manager, either by email or to the mailing address above.
AutoChoice24.com, AutoChoice24.com, and the AutoChoice24.com logo are all trademarks owned by us or our licensors. The names of other products and services referred to on the AutoChoice24.com Sites may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the AutoChoice24.com Sites without the prior written consent of the owner of the mark.
You acknowledge that by transmitting or posting any material on or through the AutoChoice24.com Sites, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such materialluding, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the AutoChoice24.com Sites. Among other uses of user materials, the AutoChoice24.com Sites uses listings data to derive useful information (such as vehicle valuation information) for display, sale and distribution.
You assume total responsibility and risk for your use of any interactive areas of the AutoChoice24.com Sites. You acknowledge that any of the user-generated content posted or transmitted through the AutoChoice24.com Sites represents the views of the author, and not of AutoChoice24.com. You also acknowledge that your use of or reliance on such content is at your own risk.
When publishing anything to the AutoChoice24.com Sites or using any social media tools or interactive features, you agree that you will not post or transmit:
- any copyrighted material unless you own or control the copyright in and to such material;
- material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person's privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
- material that violates or infringes the rights of any other partyluding, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
- profanity in subject lines, messages, or signatures;
- any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
- material that breaches another's privacy, i.e., containing phone numbers, addresses, or other personal information;
- spamluding, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
- material that contains advertisements or commercial solicitations; or
- material discussing illegal activities or linking to websites that deal with such activities.
You further agree that you will not attempt or do any of the following:
- interfere with or disrupt the AutoChoice24.com Sites or our computer systems, servers, or networks;
- attempt to gain unauthorized access to any part of the AutoChoice24.com Sites, to accounts that belong to other users, or to computer systems or networks connected to the AutoChoice24.com Sites;
- engage in any systematic extraction of data or data fieldsluding, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise;
- collect information about others without their consent;
- interfere with the use of the AutoChoice24.com Sites by any other individual or party;
- impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
- share any user name and/or password you have on the AutoChoice24.com Sites with any other persons.
Without limiting any of AutoChoice24.com's other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the AutoChoice24.com Sites or on our affiliated websites and services, and/or a ban from creating new accounts.
You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of the AutoChoice24.com Sites to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this Visitor Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the AutoChoice24.com Sites, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the AutoChoice24.com Sites or any part of the AutoChoice24.com Sites.
DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
ARBITRATION AGREEMENT. YOU AND AutoChoice24.com AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE VISITOR AGREEMENT, THE AutoChoice24.com SITES, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION INSTEAD OF LITIGATION IN COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
CLASS ACTION WAIVER: YOU AND AutoChoice24.com AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor AutoChoice24.com may participate in a class or representative action in court as a class member if the claims asserted in the arbitration would fall within the scope of this arbitration agreement if asserted directly by you or AutoChoice24.com. To be clear, you and AutoChoice24.com both waive any right to participate in any class action involving disputes between us.
ARBITRATION PROCEDURES: You and AutoChoice24.com agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies.
SURVIVAL: This arbitration agreement survives the termination of this Visitor Agreement between you and AutoChoice24.com.
JURY TRIAL WAIVER.
You and AutoChoice24.com expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section IX is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
Disclaimer of Warranties, Limitation of Liability, and Indemnification
IF YOU RELY ON THE AutoChoice24.com SITES OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE AutoChoice24.com SITES, 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 THROUGH THE AutoChoice24.com SITES. THE AutoChoice24.com SITES ARE PROVIDED TO YOU "AS IS." AutoChoice24.com 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 THE AutoChoice24.com SITES (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE AutoChoice24.com SITES). NOR DO WE OR THEY GUARANTEE THAT THE AutoChoice24.com SITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE AutoChoice24.com SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AutoChoice24.com AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE AutoChoice24.com SITES BY YOU OR ANY THIRD PARTY.
UNDER NO CIRCUMSTANCES WILL AutoChoice24.com OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE AutoChoice24.com SITES OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE AutoChoice24.com SITESLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIALIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF AutoChoice24.com AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE AutoChoice24.com SITES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE AutoChoice24.com SITES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH THE AutoChoice24.com SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
To obtain access to certain services from the AutoChoice24.com Sites (for instance, to manage your private seller listing on the AutoChoice24.com Sites), you may be required to register on the AutoChoice24.com Sites. As part of the registration process, you will be required to select a user name and a password. 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 another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the AutoChoice24.com Sites through any username/password assigned to you. You will notify AutoChoice24.com's Customer Service Manager of any known or suspected unauthorized use of your account via email.
AutoChoice24.com reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Statement.
Notice of Copyright Infringement
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the AutoChoice24.com Sites, please notify us by sending an email to privacy@AutoChoice24.com. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the AutoChoice24.com Sites the allegedly infringing material appears that will allow us to locate the material; (4) your contact informationluding your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
We want potential buyers visiting the AutoChoice24.com Sites to feel free to share their email addresses with those listing vehicles for sale on the AutoChoice24.com Sites. By accessing the AutoChoice24.com Sites, you agree not to use information concerning other users of the AutoChoice24.com Sites, or the vehicles they have listed or searched for on the AutoChoice24.com Sites (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.
Other conditions are:
- No page or content scrapping is allowed in any way, kind or form;
- Automation processes are only permitted, without exception, through the tools provided by AutoChoice24.com;
- No dealer or customer shall make use of any material in which copyrights is not owned or granted;
- Any disputes arrising from copyrighted content shall be handled by the "user", including but not limited to damages and/or costs;
- Any form of advertise will NOT be legible to refund once published;
- Purchased downloadable content is NOT legible to refund, unless imposed by law;
- The publication of our magazine(s) are primarly placed by dealers WHICH may not reflect AutoChoice24.com views, culture or, but not limited to, interpretation.
- Rated content such as sex, crime, hate are expressed prohibit thoughout ALL of our services, including but not limited too magazines, inventory and, publication(s).
AutoChoice24.com is property of Intersofts.com. All rights reserved.