Terms of Use
Effective Date: December 31, 2019
Thank you for using Carfieds for your vehicle buying and selling. In this Terms of Use agreement, the terms "CarFieds, LLC" "Carfieds", "carfieds", "CF", "we," "us," and "our" refer to Carfieds.com and the terms "you" and "your" refer to you as a user of our Carieds website, mobile and other online applications and products and services (collectively, the "CarFieds Website").
- General Provisions
- By using the Carfieds Website, you accept the terms of this Terms of Use agreement. This is a legally binding agreement between you and Carfieds; please read this Terms of Use carefully and in entirety. When using the Carfieds Websites, you may be subject to other posted terms, policies and guidelines applicable to certain services available on or through the Carfieds Website. All terms and guidelines on the Carfieds Website, including our Privacy Statement and Terms of Sale, are part of this Terms of Use and incorporated herein by reference. Unless explicitly stated otherwise, any features or services available at any time on the Carfieds Website are subject to this Terms of Use. Accessing the Carfieds Website in any manner, even through automated means constitutes your use of the Carfieds Website and your agreement to be bound by this Terms of Use. Carfieds reserves the right to change the terms of this Terms of Use at any time and will revise the effective date when changes are made. Your continued use of the Carfieds Website after the posted effective date constitutes your agreement to be bound by this Terms of Use as modified, except that modifications do not apply to any dispute arising prior to their effective date. Carfieds may change, restrict access to, suspend, or discontinue the Carfieds Website, or any portion thereof.
- The material and content and information that appears on the Carfieds Website is for general informational purposes only. While we aim to provide a site that is useful and functional, be aware that the Carfieds Website may, contain errors. The Carfieds Website includes materials and content 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 Carfieds Website, and you should not rely on it without independent verification.
- We invite you to bring to our attention any materials or content or information on the Carfieds Website that you believe to be inaccurate. Please forward a copy of the materials or content or information to Carfieds Support, along with an explanation of inaccuracies.
- Buying and Selling Vehicles
- The Carfieds Website is a vehicle listing and information service that brings together buyers and sellers. Carfieds is not a party to any transaction between vehicle buyers and sellers that originates on or through the Carfieds Website. Information about a particular vehicle is supplied by the seller, not by Carfieds. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller, NOT Carfieds.
- Though we hope that all visitors to the Carfieds Website will act honorably and treat other users 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 Carfieds Websites 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 or any other platform listing vehicles for sale.
- Please read our Fraud Awareness tips before you buy or list a vehicle on the Carfieds Website. There is no substitute for healthy skepticism and your own good judgment.
- Buying a Vehicle
- The prices listed by sellers on the Carfieds Website often exclude sales tax, finance charges, title, VIN inspection, license, regulatory, dealer documentary, transport, 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 Carfieds Website, you should confirm with the seller any information, including the price that is important to your purchasing decision. Carfieds is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services listed or researched on the Carfieds Website.
- We may screen some email and or inquiry form messages sent through the Carfieds Website to sellers about vehicles listed on the Carfieds Website. If it appears that your inquiry submission or email message has not reached the seller of the vehicle you are inquiring about, you might try inquiring by using other contact information the seller may have provided in the vehicle listing ad.
- Only a certifying manufacturer or dealer can certify a pre-owned or used vehicle for sale as certified. Be aware that most if not all private seller vehicles are not certified. In the future Carfieds may offer dealer, dealer certified or manufacturer certified vehicle listings. Until that time it is the buyers responsibility to verify any sellers claim of certified vehicle ad listings before paying for or buying a vehicle listed on Carfieds.
- It is recommended as a buyer to use the Carfieds inquiry form found on all vehicle ad listings to contact sellers about a vehicle listing. Carfieds offers form fields for sellers to include personal contact information such as phone, cell phone and email address, address, city, state, zipcode. Buyers should keep in mind, Carfieds cannot verify sellers contact information, and use contact information at buyers own risk. Some contact information may only be accessed by registered logged in users.
- CarFieds inquiry form relies on infrastructure. Neither CarFieds, nor infrastructure providers, nor participating affiliates warrant the continuous availability or error-free operation of the inquiry process.
- Listing Your Vehicle
- Using Carfieds vehicle ad listing service requires you to first create an account as a Carfieds registered user and log into your registered user account and create a public profile before being granted access to the "Sell My Car" vehicle ad listing form. Ad listings and public profiles can be, voted on, reviewed, commented on, and replied to. Currently there are two types of Carfieds user accounts;
- Member - buyer and private seller registered account on the Carfieds Webiste to access Sell My Car ad listing and other features who is NOT a motor vehicle dealer, vehicle auction nor vehicle broker, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, auction, broker, or automotive service provider.
- Service - Automotive "Service" buyer or seller who is NOT a motor vehicle dealer, vehicle auction nor vehicle broker, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, auction, broker. The Automotive Service provider account profile acts as a business ad listing feature. Only Automotive Service business owners or authorized representatives of said Automotive Services may create a Service account and Aumotive Services profile. Documentation may be required for Automotive Service account approval.
- The Carfieds Websites offers a variety of vehicle ad packages to private sellers, with combinations of features that may vary by package level or type and market area. For information about the vehicle ad packages available to private sellers in your area, click the "Sell My Car" button link on Carfieds home page to view our product offerings. For information about ad packages available to private sellers please contact Carfieds Support.
- In order for you to offer a vehicle for sale through our Sell My Car service for private sellers, you must agree to our Terms of Sale. The Terms of Sale require, among other things, that you be prepared to sell your vehicle at a price no greater at which, and on the terms on which, you have listed your vehicle. You must have possession of the actual vehicle listed and the ability to legally transfer title. To list a vehicle for sale on the Carfieds Website, sellers also are required to provide certain identifying and contact information. 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 Carfieds Website, nor may you use the Carfieds Website to promote, without our prior written permission, any other website, product, or service.
- By using the Carfieds Website 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, vehicle auction nor vehicle broker, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, auction, or broker, and that neither you nor anyone acting on your behalf will list no more than five vehicles for sale simultaneously.
- When you list a vehicle for sale through our Sell My Car service, we may obtain additional distribution for your listing through our relationships with other websites, including KBB.com, Univision, MSN Autos, MSN Latino, and NADA Guides. We also may promote your listing on or through third-party websites or services. Neither Carfieds nor any website through which we distribute or promote your listing will charge you any additional fee for this additional exposure. It is simply added value from CarFieds. Our promotional partners will not contact you with offers to sell you additional distribution or add-on advertising services for your listing without your permission. If third parties contact you without your permission offering to sell you such services, they have likely misused the Carfieds Website and violated this Terms of Use to exploit your listing information. If you receive any such solicitations that you did not authorize, please bring them to our attention by using our Website contact form.
- Listings are not to be used to advertise more than one vehicle, regardless of a listing's duration. For this reason, you cannot edit your vehicle's year, make, model, or VIN once you have purchased a listing. Always double-check this information before purchasing a listing. Listing fees are generally not refundable, so if you enter incorrect information in the year, make, model, or VIN fields, you will have to delete the listing and purchase a new one to create an accurate listing. By using the Carfieds Website to sell your vehicle, you agree to pay the price of the package you select and the prices of any advertising upgrades, regardless of whether your vehicle sells as a result of the listing. You also agree to pay any applicable taxes relating to your use of the Sell My Car service. Click here for our Refund Policy.
- Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your vehicle, and for the content of all email messages you transmit through the Carfieds Website. 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 Carfieds Websites fairly and honorably.
- In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing. Though we cannot monitor every transaction that originates through a listing on the Carfieds Website, we may, from time to time, perform random quality assurance tests to confirm that those who offer vehicles for sale over the Carfieds Website are prepared to sell those vehicles at the prices and on the terms which such vehicles are advertised. By using the Carfieds Website, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller may be violating the terms of this Terms of Use, we reserve the right to deny that seller use of services offered on the Carfieds Website and any affiliated websites and remove that seller's listings from each site.
- By listing a vehicle for sale on the Carfieds Website, you agree to use the inquiry form and or email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle.
- Using Carfieds vehicle ad listing service requires you to first create an account as a Carfieds registered user and log into your registered user account and create a public profile before being granted access to the "Sell My Car" vehicle ad listing form. Ad listings and public profiles can be, voted on, reviewed, commented on, and replied to. Currently there are two types of Carfieds user accounts;
- Third-Party Services
- 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 services, including 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 Carfieds 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 Carfieds Websites, including 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 Carfieds Website.
- Ownership and Permissions
- The Carfieds Website is provided to our end users for their personal, non-commercial use only. The materials on the Carfieds Website are the property of Carfieds or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Terms of Use, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the Carfieds Websites. You may display and occasionally print a single copy of any page of the Carfieds Websites for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Carfieds Websites without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on the Carfieds Website, in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on the Carfieds Website should be sent to our CarFieds, Support Manager, 1309 Coffeen Ave., Suite 2040, Sheridan WY, 82801 or to Support.
- You are free to establish a hypertext link to the Carfieds Website so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by Carfieds or any of our affiliates. However, without our prior written permission, you may not frame any of the content of the Carfieds Website, nor incorporate into another website or service any intellectual property of Carfieds or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in this Terms of Use should be sent to our Support Manager, either by email or to the mailing address above.
- CarFieds and the Carfieds logo are all trademarks owned by us or our licensors. The names of other products and services referred to on the Carfieds Website may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the Carfieds Website without the prior written consent of the owner of the mark.
- You acknowledge that by transmitting or posting any material on or through the Carfieds Website, 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 (iincluding, 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 material, including, 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 Carfieds Website. Among other uses of user materials, the Carfieds Website uses listings data to derive useful information (such as vehicle valuation information) for display, sale and distribution.
- User Content
- The Carfieds Website allows users to publish listings, ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Terms of Use and to the policies of their third-party providers.
- You assume total responsibility and risk for your use of any interactive areas of the Carfieds Website. You acknowledge that any of the user-generated content posted or transmitted through the Carfieds Website represents the views of the author, and not of CarFieds. You also acknowledge that your use of or reliance on such content is at your own risk.
- When publishing anything to the Carfieds Websites 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 party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
- profanity in subject lines, messages, comments, reviews, 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;
- spam, including, 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 Carfieds Website or our computer systems, servers, or networks;
- attempt to gain unauthorized access to any part of the Carfieds Website, to accounts that belong to other users, or to computer systems or networks connected to the Carfieds Website;
- engage in any systematic extraction of data or data fields, including, 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 Carfieds Website 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 Carfieds Websites with any other persons.
- Without limiting any of Carfieds 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 Carfieds Website or on our affiliated websites and services, and/or a ban from creating new accounts.
- Although Carfieds cannot monitor all of the listings and content posted to the Carfieds Website, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, comments, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Terms of Use. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Terms of Use, or to protect the rights, property or safety of visitors to the Carfieds Website, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, Carfieds takes no responsibility and assumes no liability for any content posted to the Carfieds Website by you or by third parties.
- Termination
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 Carfieds Website 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 Terms of Use 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 Carfieds Website, (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 Carfieds Website or any part of the Carfieds Website.
- DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
- ARBITRATION AGREEMENT. YOU AND CARFIEDS AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE TERMS OF USE, THE CARFIEDS WEBSITE, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS 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 CARFIEDS 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 Carfieds may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or CarFieds. To be clear, you and Carfieds both waive any right to participate in any class action involving disputes between us.
This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in Section 7 of the Terms of Use will remain in full force and effect.
- ARBITRATOR AUTHORITY: The arbitrator's authority is governed by this arbitration agreement. You and Carfieds agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by the Terms of Use (including the limitations of liability set forth in Section 8), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with CarFieds. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
- ARBITRATION PROCEDURES: You and Carfieds agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS Endispute under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1-800-352-5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. Carfieds will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, Carfieds agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. If you bring an arbitration against CarFieds, the arbitration hearing will be held in your hometown area, unless we both agree on a different location.
- SURVIVAL: This arbitration agreement survives the termination of this Terms of Use between you and CarFieds.
- JURY TRIAL WAIVER.
You and Carfieds expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section 6 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 CARFIEDS WEBSITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE CARFIEDS WEBSITE, 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 CARFIEDS WEBSITES. THE CARFIEDS WEBSITES ARE PROVIDED TO YOU "AS IS." CARFIEDS 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 CARFIEDS WEBSITE (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE CARFIEDS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE CARFIEDS WEBSITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE CARFIEDS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARFIEDS 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 CARFIEDS WEBSITE BY YOU OR ANY THIRD PARTY.
- UNDER NO CIRCUMSTANCES WILL CARFIEDS OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE CARFIEDS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE CARFIEDS WEBSITES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, 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 CARFIEDS AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE CARFIEDS WEBSITES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE CARFIEDS WEBSITE 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 CARFIEDS WEBSITE.
- 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.
- YOU AGREE TO INDEMNIFY CARFIEDS AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE CARFIEDS WEBSITES OR ANY BREACH OF THIS TERMS OF USE.
- Registration
- To obtain access to certain services from the Carfieds Websites (for instance, to submit and manage your private seller listing on the Carfieds Website), you may be required to register on the Carfieds Websites. 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 Carfieds Website through any username/password assigned to you. You will notify Carfieds Support Manager of any known or suspected unauthorized use of your account via email.
- CarFieds 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 Carfieds Websites, please notify us by sending an email to Support with "DMCA" in the subject or by sending a notice by U.S. Mail to: CarFieds, Attn: Legal Department/Copyright, 1309 Coffeen Ave., Suite 2040, Sheridan WY, 82801. 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 Carfieds Website the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including 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 notarized 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.
- Miscellaneous
- We want potential buyers visiting the Carfieds Website to feel free to share their email addresses with those listing vehicles for sale on the Carfieds Website. By accessing the Carfieds Website, you agree not to use information concerning other users of the Carfieds Website, or the vehicles they have listed or searched for on the Carfieds Website (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.
- This Terms of Use has been made in, and will be construed in accordance with the laws of, the State of Wyoming, without regard to its choice of laws rules.
- Please report any violations of this Terms of Use to our Support department.