Terms of Use for DonatedCarDeals.com

Effective September 26, 2016

Updated as of September 26, 2016

What is a Use Agreement?

Donated Car Deals (the “Company”) offers this website (the “Site”) for use by you in the United States conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Use Agreement”).

For purposes of this Use Agreement, the “Site” shall mean www.donatedcardeals.com and any other Company branded websites, web pages, mobile applications and mobile websites operated by the Company in the United States.

This Use Agreement includes the Company’s Privacy Policy, which is incorporated herein. Please read the Use Agreement and Privacy Policy prior to using the Site. If you object to anything in the Use Agreement or the Privacy Policy, do not use the Site. Your use of the Site constitutes your representation, warranty, understanding, acceptance, and agreement to all such terms, conditions, and notices.

Can the Company modify these terms of use?

Yes. The Company reserves the right to change the terms, conditions, and notices under which the Site is offered. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these terms or other policies means you accept the changes.

What about links to third party sites?

The Site may contain links to other web sites or advertisements (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. Users access Linked Sites at their own risks. Users further acknowledge that use of any site controlled, owned, or operated by third parties is governed by the terms and conditions of use for those sites and not by the Company’s Terms of Use and Privacy Policy. The Company expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold the Company harmless from any liability that may result from the use of links that may appear on the Site.

What are the uses and prohibited uses of the site?

The following rules pertain to “Content”, defined as any communications, posts, reviews, images, sounds, videos, and all the material, data, and information that you upload, input, submit, or transmit through the Site, or that other users upload or transmit, including without limitation any content, posts, reviews, messages, photos, audios, or videos, or reviews that you publish or display (hereinafter, “post”). As a condition of your use of the Site and/or by transmitting and submitting any Content while using the Site, you agree, represent and warrant as follows:

You are responsible for providing accurate, current and complete information in connection with your use of the Site.
You will use your own legal name.
All Content you post will be in English as the Site and Services are not currently supported in any other languages.
You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site.
All personal or private information provided to this Site will be handled in accordance with the site’s online Privacy Statement.
The Company is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
Your feedback and questions about the Site are welcome. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of the Company and we may use all such communications, all without notice to, consent from, or compensation to you.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
In order to protect our users from prohibited activity, the Company reserves the right, but not the obligation, to take any and all appropriate action the Company, in its sole discretion, deems appropriate.

As a condition of your use of the Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Specifically, and without limitation, you agree you will not under any circumstances:

Post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, objectionable, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from the Company where this is not the case.
Use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data.
Use the Site for any commercial solicitation purposes.
Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

Opinions advice, statements, offers, or other information or content made available on the Site, but not directly by the Company, are those of their respective authors. Such authors are solely responsible for such content. The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will the Company or its affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site; or b) reviews or comments made about you on the Site by other users.

To the maximum extent permitted by law, the Company disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site. Users hereby represent, understand and agree to hold the Company harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.

The Company is not responsible for the conduct, whether online or offline, of any user of the Site. The Company does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users hereby expressly agree not to hold the Company (or the Company’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, hereinafter “Affiliates”) liable for the actions or inactions of any other user or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, the Company and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

What representations and warranties result from my use of the Site?

In addition to those set forth above, by requesting to use and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Use Agreement and you commit to abide by all of the terms and conditions hereof.

Is there a liability disclaimer?

Yes. The Company is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

What about indemnification?

You agree to indemnify, defend and hold harmless the Company and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of this Use Agreement. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

Does the Company terminate or restrict access to the Site?

The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, for any reason, without notice to you.

Are there additional general Terms of Use?

Yes. To the maximum extent permitted by law, this Use Agreement is governed by the laws of the State of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Use Agreement or use of the Site.

The Company’s performance of this Use Agreement is subject to existing laws and legal process, and nothing contained in this Use Agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use.

If any part of this Use Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Use Agreement shall continue in effect.

Unless otherwise specified herein or agreed to by the user, this Use Agreement constitutes the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of this Use Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Use Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright And Trademark Notices.

Trademarks.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.