MotorLister Website Terms and Conditions
***PLEASE READ CAREFULLY***
- Acceptance of the Terms of Service
- Welcome to the website of VINSNAP, LLC ("VINSNAP" "Company", "we", "us" or "our" ). The following terms and conditions together with any documents they expressly incorporate by reference (collectively, these "Terms and Conditions" ), govern your interaction with www.motorlister.com (the "Website" ), whether as a guest or a registered user, and the services, features, functionality, content, applications, or products offered by VINSNAP (together with the Website, the "Services" ). The Services include, but are not limited to, listing vehicles for sale via the Website.
- By using this Website, you represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
- Changes to the Terms and Conditions
- We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
- Your continued use of the Website and/or Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
- Your Use of the Website; Account Security
- Website Use. To access the Website, review pricing and Services offerings, and to conduct a search of vehicles posted for sale by other users, you may use the Website and Services a guest user, but you shall be bound to these Terms and Conditions.
- Registration. To sign up for the Services, you must register for an account on the Website (an "Account" ). You must provide accurate and complete information and keep your Account information updated. You must not:
- Select or use as a username a name of another person with the intent to impersonate that person.
- Use as a username a name subject to any rights of a person other than you without appropriate authorization.
- Use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure.
- Use another person’s user account or registration information for the Services without permission.
- Provide any other person with access to this Website or portions of it using your user name, password or other security information.
- Content. For purposes of these Terms and Conditions, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio, written posts and comments, software, scripts, maps, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
- Use License. Subject to these Terms and Conditions, we grant to you a limited, revocable, personal, non-exclusive, non-sublicensable and non-transferable license to use the Website and our Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates the rights of any third party or these Terms and Conditions.
- Availability. We do not guarantee that any Content will be made available on the Website or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any Content from the Services.
- Website Changes. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
- Unauthorized Account Access. You agree to notify us immediately of any unauthorized access to or use of your Account, user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Right to Disable. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms and Conditions.
- Your Responsibility. You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.
- SMS Text Message Updates
- By using the Website to list a vehicle for sale, you give your consent and authorize us to send SMS text messages to the mobile number you have provided using an automatic telephone dialing system.
- As part of our Services, we may send you SMS text messages to notify you of: i) information sent to your Account by other users; ii) communications sent to you by potential buyers or sellers; and iii) updates and events associated with your Account or Services that you have purchased and/or elected to receive.
- You understand that your mobile phone service provider may charge you fees for text messages that we send you, and you agree that we shall have no liability for the cost of any such text messages.
- You are not required to authorize SMS text messages to receive Services from us, and you may withdraw your consent at any time. To withdraw your consent, simply reply "STOP" to any text message you receive from us. You may also contact us by telephone or send your request to: email@example.com
- Services Offered Through Website
- The Website is a vehicle listing and information service that brings together buyers and sellers. The Company is not a party to any transaction between vehicle buyers and sellers that originates on or through the Website. Information about a particular vehicle is supplied by the seller and/or one or more third parties, not by the Company. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
- The Services offered to you through the Website include listing a vehicle for sale on or through the Website, vehicle history reports, and related products and services.
- The Company encourages all users and visitors to Website to act honorably and treat each other fairly. The Company cannot, however, 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 Website 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.
- Services are offered through the Website to you for your own, personal, non-commercial use.
- Though the Website may provide you with access to information and with customer service throughout your use of our Website, neither the Company nor its employees, contractors, officers, directors, managers or members are agents or representatives of any buyer or seller who may sell or buy vehicles through the use of the Website.
- Additional terms and conditions may also apply to specific products services or features that may be available through the Website and/or the Company. All such additional terms and conditions are hereby incorporated by reference into these Terms and Conditions.
- If you seek to locate or purchase a vehicle through your use of the Website, you acknowledge and agree to the following:
- Pricing listed by sellers on the Website often excludes 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 Website, you should confirm with the seller and with your state and local governments (and taxing authorities) any information, including the price that is important to your purchasing decision. The Company is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services listed or researched on the Website.
- The Company does not inspect or certify any vehicle that may be posted for sale on the Website. Certain sellers may include in their listings that their vehicles are or have been "certified" as meeting certain standards established by manufacturers and/or dealers in connection with their pre-owned vehicle programs. The Company does not verify such claims or listings. The decision to certify any particular vehicle is made by the certifying manufacturer or dealer, and not the Company. Neither the Company 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.
- The Company is not a manufacturer, distributor, broker, dealer, seller, auctioneer, insurer or guarantor of any vehicles, parts or other goods whatsoever.
- The Company does not purchase, sell, take title to, own, store, ship, receive, or otherwise take ownership or handle any vehicles that may be listed for sale on or through the Website.
- Accordingly, you expressly agree to NOT hold the Company liable for any damages that may arise from your purchase or sale (or attempted purchase or sale) of a vehicle on or through the Website.
- If you seek to sell a vehicle through the Website, you acknowledge and agree to the following:
- The Website may offer a variety of advertising placement options and packages that are all part of the Services. The pricing and features of each specific package will be available to you when you choose to list your vehicle for sale via the Website.
- Prior to using the Website to list a vehicle for sale, you may be required to provide certain identifying and contact information, and connect your Account profile to one or more personal social media accounts. The information must accurately identify the you and the method of contact must permit buyers to identify you and communicate with you (through the Website or directly).
- By using the Website to list your vehicle for sale, you agree to pay the price of the package you select and the prices of any additional Services that you select, regardless of whether your vehicle sells as a result of the listing. You also agree that you are solely and exclusively responsible for paying any applicable taxes relating to your use of the Services.
- By using the Website to list a vehicle for sale, you acknowledge that you are prepared to sell that vehicle at the price at which and in accordance with the terms on which you listed it. You must have possession of the actual vehicle listed and the ability to transfer title.
- Each individual listing for the sale of a vehicle may only be used to list and promote one vehicle. Accordingly, you may not be able to modify the vehicle’s make, model, year and Vehicle Identification Number (VIN) after you purchase and/or activate your listing.
- By using the Website to list a vehicle for sale, you represent that you are at least eighteen (18) years old and that you are not offering vehicles for sale as a paid service to a seller or title holder of a vehicle, and that you are not acting as a broker or agent for any third party.
- You are solely and exclusively responsible for all content and User Contributions that you post, and for the content of all messages you transmit through the Website. In listing a vehicle for sale on or through the Website, you agree that you will not post, to your Account or to the Website, information, representations or other content that is inaccurate or misleading.
- You must not charge any potential buyer for information about any vehicle listed for sale on the Website, nor may you use our website to promote, without our prior written permission, any other website, product or service. Any rights and obligations you maintain under this Agreement to access and use the Website and Services are personal to you. Consequently, you may not assign or delegate any such rights or obligations to any third party, which includes agents, brokers or dealers.
- In an effort to combat potential fraud, we periodically screen listings submitted by our users. As such, we may investigate your specific listing for quality assurance before posting it to the Website, which may delay your publication of your listing for a short period of time. We may contact you directly about your listing, and you agree to cooperate with us throughout the screening process.
- Services. Certain of our Services, including but not limited to, listing a vehicle for sale on or through the Website, or purchasing vehicle history reports through the Website, are paid-for services. All fees applicable to Services, will be presented to you in a conspicuous manner, will require you to input payment information, and will require that you confirm submission of payment. If you elect to purchase any paid Services, all costs and fees associated with such Services shall be due and payable in full, immediately.
- Additional Payment Terms. Additional terms and conditions of payment may apply to specific or additional products services or features that may be available through the Website and/or the Company. All such additional terms and conditions are hereby incorporated by reference into these Terms and Conditions.
- Termination; Refunds
- You may terminate your Account at any time, and you may do so by contacting us at firstname.lastname@example.org. You acknowledge and agree that if you terminate your Account, all information associated therewith may be permanently destroyed. The Company may, but is not obligated to, keep backup of your Account information in its archives.
- You may remove any vehicles you have listed for sale on or through the Website at any time by accessing your Account or by contacting us at email@example.com.
- You acknowledge and agree that the Company may require a reasonable amount of time to terminate your Account and remove any vehicle listings and content associated with it.
- If you violate any portion of these Terms and Conditions, we may terminate your access to your Account and all or any part of the Services at any time, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account and any vehicle that you have listed for sale.
- ALL FEES THAT YOU PAID TO THE COMPANY ARE CONSIDERED FULLY EARNED UPON RECEIPT AND ARE NON-REFUNDABLE.
You may be entitled to a refund only in the following circumstances:
- You mistakenly order and pay for a duplicate listing to sell one vehicle and you seek to cancel and obtain a refund or credit on the duplicate listing only.
- Your listing to sell a vehicle on or through the Website has not been published to the Website for other users to view, AND you contact us to request a refund for this unpublished listing within one (1) business day of you purchasing the listing package.
- Except as set forth in Section 7(f), you are not entitled to, and we will not provide you with a refund on your purchase for any reason.
- All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, intellectual property rights, warranty disclaimers, indemnity and limitations of liability.
- Coupon Codes
- Intellectual Property Rights
- The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that are created by the Company, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
- If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org
- If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
- All rights not expressly granted herein are expressly reserved by the Company.
- Prohibited Uses
- You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms and Conditions.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
- Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- User Contributions
- The Website may contain public and private message boards, private messaging, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
- All User Contributions must comply with the Content Standards set out in these Terms and Conditions.
- Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns (if any, and as applicable) the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
- You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns (if any, and as applicable).
- All of your User Contributions do and will comply with these Terms and Conditions.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
- We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
- We expressly reserve the right to disclose the information you provide to us (including, but not limited to User Contributions), through your Account, your use of the Website, your interaction with the Company or through other means, if we are compelled to do so by a court order, at the request of a government agency, or by other requirement of the law, if we, in good faith, believe such disclosure is advisable and necessary.
- Monitoring and Enforcement; Termination
- We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any violation of these Terms and Conditions.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
- However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Content Standards
- These content standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case
- Copyright Policy and Infringement
- You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
- If you believe that any User Contributions violate your copyright, please see our Copyright Policy, which can be found at https://www.motorlister.com/copyright_policy, for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
- Reliance on Information Posted
- The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
- This Website includes content provided by third parties. All statements, materials, information and/or opinions expressed in these materials, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Changes to the Website
- Information About You and Your Visits to the Website
- Linking to the Website and Social Media Features
- You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
- This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
- You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
- We may disable any links at any time without notice in our discretion.
- Links from the Website
- Geographic Restrictions
- Disclaimer of Warranties
- You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
- YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
- ANY GOODS THAT ARE SOLD, OFFERED FOR SALE OR MAY BE PURCHASED THROUGH THE WEBSITE ARE OFFERED “AS IS”, AND THE COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO SUCH GOODS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
- Limitation on Liability; Remedies
- a) IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, BREACH OF PRIVACY, UNAUTHORIZED ACCESS OF YOUR DATA OR INFORMATION BY THIRD PARTIES, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
- IN NO EVENT SHALL THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR AFFILIATES BE LIABLE UNDER THIS AGREEMENT TO THE USERS, CUSTOMERS OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE BREACHING PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT SHALL THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR AFFILIATES BE LIABLE FOR ANY AMOUNT GREATER THAN FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR $500.00, WHICHEVER IS GREATER.
- Storage of Data; Limitation on Liability
- a) You acknowledge and agree that any data that may be input into or generated by the Website or Services may be uploaded to, downloaded from, stored and managed by a third party that provides electronic storage, hosting, or data management services to us (the "Data Storage Provider") to store, host and manage files or data, including your files and data.
- You acknowledge and agree that we do not directly store or host your files, information that is uploaded to, accessed through, downloaded from, or generated by the Website or Services.
- THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY SOFTWARE UNAVAILABILITY OR DOWNTIME, BREACH OF PRIVACY, UNAUTHORIZED ACCESS OF YOUR DATA OR INFORMATION BY THIRD PARTIES, OR LOSS OF DATA CAUSED BY CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL, INCLUDING WITHOUT LIMITATION:
- i. Actions or omissions of third parties, act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo; rebellion, revolution, insurrection, or military or usurped power, or civil war; contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; riot, commotion, strikes, go slows, lock outs or disorder; acts or threats of terrorism; or other events of force majeure (the "Force Majeure");
- General Internet outages, failure of Data Storage Provider’s infrastructure or connectivity, computer and telecommunications failures and delays not within the Company’s control;
- Any actions or failures to act, failure of infrastructure or connectivity, or events of Force Majeure of, by or involving a Data Storage Provider; and
- Network intrusions or denial-of-service attacks of a Data Storage Provider or any of its systems or equipment.
- Dispute Resolution
- You acknowledge and agree that any controversy or claim arising out of, or in any way related to, this Agreement, will be settled exclusively by binding arbitration, before a single arbitrator, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place in Fulton County, Georgia. The arbitration award will be valid and binding upon the parties, and judgment thereon may be entered and enforced as a final judgment in any court with competent jurisdiction.
- Claims by the Company for injunctive relief or other equitable relief may be filed in the state or federal courts of Georgia (or any other jurisdiction selected by the Company for such action) for an order effective until the conclusion of arbitration and enforcement of the arbitration award, and such claims may be filed without a good faith attempt to resolve the issues underlying such claims.
- Governing Law and Jurisdiction
- All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).
- Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, in each case located in the City of Atlanta and/or County of Fulton, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue.
- Nothing in this Section 27 shall modify or supplant the dispute resolution methods, including binding arbitration, set forth in Section 26, which is intended to be the preferred and exclusive dispute resolution method among and between the Parties.
- Limitation on Time to File Claims
- Waiver and Severability
- No waiver of by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
- If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
- Entire Agreement
- No Agency
Notices, Comments and Concerns
This website is operated by VINSNAP, LLC. All feedback, comments, questions, requests for technical support, requests for information and other communications relating to the Website should be directed to:
If by Mail:
3423 Piedmont Road NE
Atlanta, GA 30305
If by e-Mail:
- If by Mail:
By accessing, using, registering for, creating an Account through, submitting information through, or ordering or purchasing any Services through the Company or through this Website, you expressly acknowledge and agree to the following:
Coupons or coupon codes that the Company may make available from time to time have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order. Coupon codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. The Company reserves the right to change or limit coupon codes in its sole discretion.
MOTORLISTER, VINSNAP, and associated names, logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites
The owner of the Website is based in the State of Georgia in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your use of the Content, Services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, use of the Website, purchase of Services, or your interaction with the Company and neither party has any authority of any kind to bind the other in any respect.