| 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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