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Term of Service

 
 

User Agreement
In order to protect the interests of all of our users, as well as those of our information providers, by registering as a user or by using www.SmarterCarDeals.com which is owned by SmarterCarDeals.com, Inc, herein after SmarterCarDeals.com, you agree to abide by the following rules.

Termination of Service
You understand and agree that in SmarterCarDeals.com's sole discretion, and without prior notice, SmarterCarDeals.com may terminate your access to this web site and remove any unauthorized User Content, if your use of the Web site, Service and/or any User Content you provided has violated or is inconsistent with these Terms of Service, violated the rights of SmarterCarDeals.com, another User or the law.

Copyright Notice and Limitations on Use
You acknowledge that the Content includes certain trademarks and service marks owned by SmarterCarDeals.com, including the name "SmarterCarDeals.com" and certain logotypes, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. If you operate a Web site and wish to link to the Service, you must link to the Service's home page unless permission otherwise has been granted in writing by SmarterCarDeals.com. We reserve the right to reject or terminate any links to the Content or the Service.

SmarterCarDeals.com cannot and does not monitor all of the material posted or transmitted by users and third-party information providers. While you agree that SmarterCarDeals.com will not be liable for such third-party content, SmarterCarDeals.com reserves the right to delete, move or edit any communications or content that it deems in its sole discretion to be violative of this Term Of Service; harmful to individuals or communities; obscene; defamatory; in violation of SmarterCarDeals.com's or any third-party's rights; or otherwise unacceptable.

Access to the Service
You agree that you will not: use any automatic device, or manual process to monitor or copy web pages or the Content contained in the Service; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service and the SmarterCarDeals.com web site.

Vehicle Availability and Prices
SmarterCarDeals.com DOES NOT GUARANTEE VEHICLE PRICES OR AVAILABILITY. All transactions are conducted by and fulfilled through state licensed, franchised vehicle Dealers and/or individual Sellers. All vehicle descriptions and prices provided to you either on our Website or via separate contact following your submission of a purchase request are made by the participating Dealer or Seller possessing the desired vehicle and not by SmarterCarDeals.com. All vehicle prices and descriptions listed as available on our Website are established and electronically placed there by the participating Dealer or Seller who owns the vehicle and not by SmarterCarDeals.com. ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST IS PROCESSED. ALL PRICES AND TERMS ARE BELIEVED TO BE ACCURATE ON DATE OF PUBLICATION ONLY. Any discrepancies or mistakes made regarding vehicle availability; condition or pricing are not the responsibility of SmarterCarDeals.com and should be directed to the Dealer or Seller responsible for providing the information.

Sell Your Car
Those who offer vehicles for sale over SmarterCarDeals.com should be prepared to sell the vehicles they advertise at the prices at which, and the terms on which, they advertise them. They must have possession of the actual vehicles listed and the ability to transfer title. Sell Your Car listings are available those who want to list their vehicles for sale, consistent with the Sell Your Car terms and conditions.

SmarterCarDeals.com Disclaimer
The information on vehicles provided in this Service is supplied by the seller or third parties, and SmarterCarDeals.com and the Partners cannot and do not verify or warrant the accuracy or completeness of the information. The Service and materials contained herein are provided on an "as is," "as available" basis, and you acknowledge that any reliance upon any such materials shall be at your sole risk. You agree to release, hold harmless and indemnify SmarterCarDeals.com and the Partners from any and all liability arising from incorrect or incomplete information regarding any vehicle.

General Disclaimer and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER SmarterCarDeals.com, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND SmarterCarDeals.com AND THE PARTNERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES. SmarterCarDeals.com, ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT.

Refund Policy

SmarterCarDeals.com adheres to the following policy with respect to requests for refunds of listing fees:

1. SmarterCarDeals.com will not provide any refund, for any reason, if SmarterCarDeals.com receives the request for refund more than 36 hours after an Ad has been ordered. If you contact us after 36 hours, we will correct any mistakes we have made in the Ad, but cannot offer a refund.
2. If you call within 36 hours of ordering an Ad, SmarterCarDeals.com will provide a refund only for the following reasons:
a. Your Ad has not been posted and you wish to cancel the Ad; or
b. You mistakenly ordered and paid for duplicate Ads through SmarterCarDeals.com and seek to cancel, and obtain a refund on, the duplicate(s) only. We cannot, however, provide a refund on the original Ad.
3. SmarterCarDeals.com cannot provide a refund for any other reason, even if you call within 36 hours of ordering an Ad. For example, we cannot provide a refund if you change your mind about the Ad, or if you have not received any inquiries or offers to purchase the vehicle through SmarterCarDeals.com, or if the vehicle has already been sold through other means.
4. If you made mistakes in submitting an Ad with SmarterCarDeals.com, you can use your login to make corrections to the Ad.

Miscellaneous
SmarterCarDeals.com reserves the right at its discretion to change these Terms of Service and will notify users of any such changes by online postings. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes.
These Terms of Service will be governed by and construed in accordance with the laws of the State of New York. You hereby agree that any cause of action you may have with respect to the Service must be filed in the federal or state courts located in New York, NY, within one year after the cause of action arises or the cause is barred.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY.

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