Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by TheMotoring.com, acceptance is expressly limited to these terms.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and TheMotoring.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause TheMotoring.com liability. You must immediately notify TheMotoring.com of any unauthorized uses of your account or any other breaches of security. TheMotoring.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Listings may be composed of text , images or visual descriptions that are submitted to TheMotoring.com on the web site or by other means by a third party listing tool. Your listing information may include any information you provide to us during the registration, listing, or purchase and sale process. With respect to your listing information, you agree that:
1. You are wholy solely responsible for your listing information, and TheMotoring.com acts only as a passive conduit / a helping hand for your online distribution and publication of your listing information. However, TheMotoring.com reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion, including, without limitation, deleting, editing or restricting or suspending access to such information or any digital media.
2. You hereby represent and all completely agree that your listing information and the sale of your listed goods on this site shall not: (a) Knowingly infringe any third party's copyright, trademark , patent, trade secret or other proprietary rights or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, false advertising, or the transportation of hazardous material); (c) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; or (d) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Furthermore, you may not post on TheMotoring.com or sell through TheMotoring.com any item that, by paying to us the transaction fee, could cause us to violate any applicable law, statute, ordinance or regulation.
3. You hereby grant our site TheMotoring.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable rights to exercise the proprietary rights that you may have in your listing information, in any media now known or not currently known, with respect to your listing information, as necessary to accomplish the purpose of this agreement.
TMC displays listings of pre-owned vehicles for sale by local automobile dealers and the vehicle descriptions and prices listed are electronically posted to TMC either directly or through a third party by the participating dealer who owns the vehicle. The transmission of vehicle listings from the participating dealer for posting to TMC necessarily involves the passage of time and the possibility that unintentional errors can occur. When viewing vehicle listings on TMC, you must understand that:
- ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOU CONTACT THE DEALER
- YOU SHOULD ASSUME AND KEEP IN MIND THAT PRICES LISTED FOR VEHICLES EXCLUDE STATE AND LOCAL TAXES, AS WELL AS ANY STATE AND LOCAL GOVERNMENTAL CHARGES, INCLUDING WITHOUT LIMITATION, REGISTRATION, LICENSE AND TITLE FEES, DOCUMENTARY FEES, EMISSIONS CERTIFICATION FEES AND ADDED ACCESSORIES
- YOU CHOOSE TO PLACE ON THE VEHICLE
- ALL PRICES AND TERMS LISTED ARE VALID ON DATE OF PUBLICATION ONLY AND SUBJECT TO CHANGE WITHOUT NOTICE
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by TheMotoring.com or otherwise.
- By submitting Content to TheMotoring.com for inclusion on your Website, you grant TheMotoring.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, TheMotoring.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, TheMotoring.com has the right (though not the obligation) to, in TheMotoring.com’s sole discretion (i) refuse or remove any content that, in TheMotoring.com’s reasonable opinion, violates any TheMotoring.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in TheMotoring.com’s sole discretion. TheMotoring.com will have no obligation to provide a refund of any amounts previously paid.
Optional premium paid services are available on the Website. By selecting a premium service you agree to pay TheMotoring.com the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
TheMotoring.com operates TCM as an online education, research and advertising service for car buyers and sellers. NONE OF THE VEHICLES LISTED ON TMC ARE OWNED BY TheMotoring.com. TMC does not sell vehicles directly and is never a party to any transaction between buyers and sellers.
As a result, TMC does not
(a) guarantee or ensure any vehicle or any transaction between a buyer and seller,
(b) collect or process payment or transfer of title on behalf of buyers or sellers.
(c) warehouse, store, ship or deliver any vehicles.
* Fees / Payment: By signing up for a premium account you agree to pay TheMotoring.com the setup fees and monthly hosting fees indicated on the site in exchange for the services offered or listed on the site. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. TheMotoring.com reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to TheMotoring.com.
* Support. VIP Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by TheMotoring.com to respond within one business day) concerning the use of the Services. “Priority” means that support for Services customers takes priority over support for users of the standard, free themotoring.com services. All Services support will be provided in accordance with TheMotoring.com standard Services practices, procedures and policies.
TheMotoring.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, TheMotoring.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TheMotoring.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TheMotoring.com links, and that link to TheMotoring.com. TheMotoring.com does not have any control over those non-TheMotoring.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-TheMotoring.com website or webpage, TheMotoring.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TheMotoring.com disclaims any responsibility for any harm resulting from your use of non-TheMotoring.com websites and webpages.
As TheMotoring.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TheMotoring.com violates your copyright, you are encouraged to notify TheMotoring.com by emailing at firstname.lastname@example.org, email@example.com. TheMotoring.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of TheMotoring.com or others, TheMotoring.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, TheMotoring.com will have no obligation to provide a refund of any amounts previously paid to TheMotoring.com.
This Agreement does not transfer from TheMotoring.com to you any TheMotoring.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with TheMotoring.com. TheMotoring.com, TheMotoring TRADEMARKS AND http://www.TheMotoring.com URL, and all other trademarks, service marks, graphics and logos used in connection with TheMotoring.com, or the Website are trademarks or registered trademarks of TheMotoring.com or TheMotoring.com’s licensors. OTHER TRADEMARKS, SERVICE MARKS, GRAPHICS AND LOGOS USED IN CONNECTION WITH THE WEBSITE MAY BE THE TRADEMARKS OF OTHER THIRD PARTIES. Your use of the Website grants you no right or license to reproduce or otherwise use any TheMotoring.com or third-party trademarks.
TheMotoring.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. TheMotoring.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
TheMotoring.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by TheMotoring.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from TheMotoring.com’s notice to you thereof; provided that, TheMotoring.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. TheMotoring.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TheMotoring.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
You / Any visitor on site expressly agree that use of TMC and reliance on its content is at your own risk. Themotoring.com, its Affiliates and their respective third-party licensors do not make any representations or warranties of any kind regarding tmc, the Information contained on themotoring.com or the results that may be obtained from use of any of the foregoing. Tmc and all information Contained on tmc are provided on an "as is, as available" basis, and themotoring.com, its affiliates and their respective third-party
Licensors specifically disclaim any and all express or implied warranties including, without limitation, the warranties of fitness for a Particular purpose, warranties of merchantability and warranties of noninfringement. All information related to vehicles available on This site is supplied by the seller or other third parties . Neither themotoring.com nor its affiliates make any representations or Warranties, expressed or implied, to any actual or prospective purchaser or owner of any vehicle as to the existence, ownership or
Condition of the vehicle, or as to the accuracy or completeness of any information about a vehicle listed on themotoring.com. Tmc cannot And does not verify or warrant the accuracy or completeness of such information. Tmc reserves the right, in its sole discretion, to Correct any error or omission on the site or in the information. All vehicles are subject to prior sales. Any and all concerns, differences Or discrepancies regarding a vehicle must be addressed with the seller prior to the sale of the vehicle. Some states do not allow the disclaimer of
Implied warranties, so the foregoing disclaimer may not apply to you.
Under no circumstances shall themotoring.com, its affiliates or its third-party providers be liable for any direct, indirect, incidental, Punitive, special or consequential damages (including without limitation, attorneys' fees), regardless of the form of action, that result From or relate to the use of, or the inability to use, the services or information available on this site. If you are dissatisfied with any Service or information, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the site. If Themotoring.com, its affiliates or any of its third-party providers are found liable in connection with a claim arising out of or related to the Services or the information, their aggregate liability in such an event shall not exceed fifty dollars ($50). Your right to monetary damages In such amount shall be in lieu of all other remedies to which you may otherwise be entitled from themotoring.com, its affiliates or its third- Party providers. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to
You. In no event will themotoring.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal
Or equitable theory for:
- Any special, incidental or consequential damagaes
- The cost of procurement or substitute products or services
- For interpution of use or loss or corruption
Of data OR
- For any amounts that increase the fees paid by you to themotoring.com under this agreement during the twelve (12) month period prior to the date the cause of the action
Accrues. Themotoring.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable
You agree to indemnify and hold harmless TheMotoring.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
* This Agreement constitutes the entire agreement between TheMotoring.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TheMotoring.com, or by the posting by TheMotoring.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of YOUR JURISDICTION, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in YOUR COUNTY AND STATE.
* The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TheMotoring.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
* You may not use any device, software or routine to interfere or attempt to interfere with the proper working of our site. You may not take any action which imposes an unreasonable or disproportionately large load on our site's infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
* TheMotoring.com may terminate your membership and any of your current listings immediately if you breach this Agreement or if TheMotoring.com is unable to verify or authenticate any information you provide to us. In the event that TheMotoring.com should terminate the ability of a person or entity to use this site, it shall incur no liability in connection with such action.
* If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
* TheMotoring.com does not guarantee continuous, uninterrupted or secure access to our Service, and operation of our site may be interfered with by numerous factors outside of our control.