CARSBYME TERMS OF SERVICE
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
"Agreement" refers to these Terms of Service;
"Carsbyme" refers to our company, known as "Carsbyme.com LLC"; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
"Service" refers to the services that we provide through our Site, including our automotive marketplace and our Site itself;
"Site" refers to our website, www.carsbyme.com;
"User" refers to anyone who uses our Service, including vehicle buyers and sellers, and general visitors to our Site;
"You" refers to you, the person who is entering into this Agreement with Carsbyme.
3. What Carsbyme Offers
Carsbyme is an automotive marketplace where Users can list their vehicles for sale, and buyers can search for vehicles to purchase. Carsbyme is not a party to the transactions, but merely enables buyers and sellers to meet and contact each other. Information about a particular vehicle is supplied by the seller, not by Carsbyme. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Carsbyme, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
- You must not enter into this Agreement on behalf of any natural person other than yourself.
- You must, if entering into this Agreement on behalf of a person other than a natural person, be authorized to do so, and you hereby agree that both you and that person shall be bound by this Agreement and be held jointly and severally liable for any breaches hereof.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
- You must properly report all income and contracts from your sale of vehicles as required to the Internal Revenue Service and any other governmental entity that may require it. You must also properly report any changes in registration of vehicles and the value of any sale to your relevant Department of Motor Vehicles or analogous agency if required to do so. You acknowledge that Carsbyme is not required to conduct your recordkeeping for you or to report any income information to the tax authorities.
Carsbyme is a meeting place for buyers and sellers of vehicles to come together. Carsbyme makes no representations or warranties about any User’s honesty or reliability, and you agree that Carsbyme is not liable for any breach of contract, tort, or other actionable conduct by any User committed against you. Carsbyme accepts no responsibility for the condition or state of any cars found on the Site and Service. Carsbyme does not endorse, verify or otherwise review any users or vehicles listed on the Carsbyme Site. As Carsbyme is not a party to any contracts entered into between buyers and sellers, all disputes must be settled exclusively by the buyers and sellers. You agree not to name Carsbyme as the defendant in any lawsuit arising from or relating to your sale or purchase of a vehicle listed on Carsbyme.
6. Rules of Use
You agree that you will not:
- Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Carsbyme or its delegates.
- Post vehicles which you do not actually own or intend to sell.
- Be fraudulent or negligent in your representations to any User.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Carsbyme Site, Service, or its Users’ computers.
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data.
- Do anything else which could bring Carsbyme into disrepute or violate the rights of any person.
7. Payment and Refund Policy
Payments for our Service may be made using Stripe, our third party payment provider. Unless otherwise stated, all prices must be listed in United States dollars.
If you are unsatisfied with our Service for any reason, please contact us at email@example.com within five days of your purchase and we will refund your fees paid to access our Service.
Additional terms surrounding payments, pricing, and refunds may be published on our Site and are hereby incorporated into this Agreement by reference.
Carsbyme may, but is not obligated to, provide discounts (including coupons or credits) to Users in the form of coupon codes. Such discounts shall be limited to a one-time use and must be used prior to completing a listing on our Site—they may not be applied retroactively. If you are entitled to more than one discount, only one discount to which you are entitled may be used in relation to any given transaction. Discounts are subject to any additional terms attached to them, including expiration dates.
Carsbyme may refuse to honor the above discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
Where a User conducts a chargeback against Carsbyme, such User shall be liable to Carsbyme for the full amount of the chargeback, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred in Carsbyme’s enforcement of its rights under this section.
10. Our Copyright
Carsbyme must protect the content which appears on its Site from being used by third parties, which can reduce Carsbyme’s uniqueness and competitiveness. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including User-submitted vehicle descriptions and other content, without receiving our prior written permission or that of the relevant copyright owner.
11. Your Content on Carsbyme
Your ability to submit or transmit any information through the Site and Service, including but not limited to text, photos, images or any other information will be referred to as "User Content" throughout this Agreement. All User Content you submit to the Site or Service will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Service may be modified or removed at our discretion.
When submitting any User Content to our Site and Service you represent and warrant that you own all rights to the User Content, have paid for or otherwise have permission to use any User Content submitted.
When you submit any Content to us, you grant Carsbyme, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content, including but not limited to advertising. It is important for you to grant us this license so that we may transmit your User Content to other users through our Service. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Service.
Please be aware that our Service and any information found within it are offered "as-is." Carsbyme does not endorse and may not verify any of its users or any User Content submitted by users found through the Carsbyme Site or Service. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Service or Site will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Site and Service. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Carsbyme with respect to such actions or omissions.
"Carsbyme" and "Carsbyme.com" are trademarks used by us, Carsbyme.com LLC, to uniquely identify our Site, Service, and business. These marks are protected federally under the Lanham Act, as well as at the state level under the common law doctrine which prohibits passing off, and at the federal and state level by various consumer protection statutes prohibited deceptive trade practices. You therefore agree not to use our marks anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.
13. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
14. Copyright & Trademark Infringement
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification electronically and send it to our Copyright Agent at firstname.lastname@example.org.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
15. Communications Decency Act
Similar to the DMCA provisions above, United States law — specifically Section 230 of the Communications Decency Act — creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our Site by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at email@example.com if any of our Users have posted anything that you believe is defamatory.
16. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE OF A BUYER TO MAKE THE APPROPRIATE PAYMENT TO YOU IF YOU ARE A SELLER, OR OF A SELLER TO RENDER THE REQUIRED GOODS OR SERVICES TO YOU IF YOU ARE A BUYER.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING STRIPE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU IS EITHER $100 USD.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
18. Choice of Law
This Agreement shall be governed by the laws in force in the State of California, including federal, state, and municipal laws applicable in the State of California, to the exclusion of all other laws to the extent that the application of other laws may be excluded. The offer and acceptance of this Agreement, which is a valid and binding contract to which you are agreeing, are deemed to have occurred in the State of California.
19. Arbitration and Class Action Waiver
Any dispute relating in any way to your visit to the Site or use of our Services shall be submitted to confidential arbitration in Redwood City, CA, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or nearest to Redwood City, CA. The prevailing party in any such action shall be entitled to their reasonable attorneys’ fees and costs.
Neither you nor Carsbyme may participate in a class or representative action in court as a class member if the claims asserted in the arbitration would fall within the scope of this arbitration agreement if asserted directly by you or Carsbyme. To be clear, you and Carsbyme.com both waive any right to participate in any class action involving disputes between us.
20. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Carsbyme shall have the sole right to elect which provision remains in force.
Carsbyme reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Termination & Cancellation
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 our Site to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this Visitor Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of our Site or Service, (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 our Site and Service. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
24. Unavailability of Service
Carsbyme is offered on an as-is, where-is basis. We make no representations or warranties that our Service will be available without interruption from time to time, or that our Service will remain available at all. The Service may experience downtime due to security, legal, technical, or other reasons. You agree that Carsbyme is not liable for any loss caused by the unavailability of our Service, even if we are aware that it may or will occur and fail to inform you of this fact in advance.
25. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time that you use our Service, and your continued use of our Service shall constitute your acceptance of any such amendments.
27. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Carsbyme must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to firstname.lastname@example.org.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: July 15, 2014