Friday, December 2, 2022

Legal Disclaimer - TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com

 

JeffCars.com, TopCheapCars.com and Auto Trends with JeffCars.com Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

The TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com website (the “Site”) is owned and operated by Jeff Fortson. By using this Site, you explicitly agree to comply with and be bound by the following terms and conditions (“Terms and Conditions” or “Agreement”), and

all policies, rules, and instructions, and additional terms posted on or through the Site, all of which are incorporated into this Agreement. By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand, intend to be legally bound by, and accept these Terms and Conditions. Jeff Fortson may change these Terms and Conditions at any time. Your continued use of the Site following appropriate notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. At all times, you are bound by the then-current version of these Terms and Conditions and all applicable laws. Please review these Terms and Conditions periodically for changes.


Use of TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com Site Listings Generally

FOR ALL SITE-RELATED SERVICES, TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SITE. TopCheapCars.com and JeffCars.com does not hold or possess title for any vehicle listed for sale on our Site and TopCheapCars.com and JeffCars.com is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Site.

All buyers and sellers must be at least 18 years old to use the Site and by using the Site, you represent that you are at least 18 years old.

Information about a particular vehicle is supplied by the seller, not by TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com, and the buyer is solely responsible for reading the full vehicle listing before making a commitment to buy. The price and other terms of any sale are arranged after negotiation between the buyer and the seller. TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com is not responsible for incorrect information given by buyers or sellers, including (i) information regarding vehicles, including but not limited to vehicle mileage, condition, history, or photos of vehicles, and (ii) information about the identity, reliability or suitability of a buyer or seller. AutoCheck Vehicle History reports are provided for informational purposes only from an unaffiliated third-party vehicle report provider, TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com is not responsible for any incorrect information or mistakes. We cannot verify the information/photos that sellers supply or guarantee the vehicles they offer. When using this Site, please use common sense and good judgment. When dealing with prospective purchasers/sellers, we urge you to take the same precautions you would take if you were purchasing/selling a car through a classified ad in the newspaper or any other private sales transaction.

TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE OR SOLD ON OUR SITE. VEHICLE SALES ARE “AS IS”. VEHICLE SALES ARE BETWEEN THE BUYER AND THE SELLER ONLY. TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com DOES NOT OWN, INSPECT, BUY, OR SELL, ANY VEHICLES LISTED FOR SALE ON OUR SITE. ANY DISPUTE ABOUT THE CONDITION OF A VEHICLE SOLD THROUGH THE SITE IS BETWEEN THE BUYER AND SELLER ONLY. TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SITE.

All applications for credit and/or lending arrangements are through one or more unaffiliated third-party providers over whom TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com have no control. Any application for credit or lending arrangement, terms, conditions, warranties, or representations associated with any application for credit or lending arrangement, is solely between you and any such third-party provider. TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com are not responsible or liable for any loss or damage incurred as the result of such application for credit or lending arrangement.


Ownership And Intellectual Property

Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, audio and video, footage, animations, podcasts, analyses, studies, reports, downloads, and other content contained herein ("Site Content") is owned by or licensed to TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com, and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. The Site Content is Copyright 2022, TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com, all rights reserved. TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com also owns copyright rights in the Site Content as a collective work and/or compilation, and in any and all databases accessible on or through the Site. TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com and all other marks displayed on this site (the "Trademarks") are registered and/or common law trademarks of TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com or such other party that may own the Trademarks or any licensed copyrights. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or the TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com (or its licensor’s, as applicable) ownership of, such copyrights, Trademarks or any other TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com intellectual property, or assist any third party in doing so.


LIMITATION OF LIABILITY

YOU USE THE SITE AT YOUR OWN RISK AND NEITHER TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com, ITS AFFILIATES AND SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, 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. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com ALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT. IF TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com IS FOUND TO BE LIABLE UNDER THIS AGREEMENT, INCLUDING FOR DIRECT OR ANY TYPE OF DAMAGES, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (B) $100.

YOU AGREE TO INDEMNIFY TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.

Links To Other Sites

The Site contains links to third-party web sites. The linked sites are not under the control of TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com is not responsible for the contents of any linked site. TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com provides these links as a convenience, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com Linked sites are owned and operated by independent retailers or service providers, and therefore, TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com cannot ensure that you will be satisfied with their products, services, or business practices. You should make whatever investigation you feel necessary or appropriate, including reviewing their Terms of Use and Privacy Policies, before proceeding with any transaction with any of these third parties.


Applicable Law and Jurisdiction

The Site (excluding links to third-party sites) is owned and controlled by TopCheapCars.com, and operated by TopCheapCars.com from its offices in and around Atlanta, Georgia. While TopCheapCars.com has made no effort to publish the Site elsewhere, because this Site is published on the World Wide Web it is accessible in all fifty states of the United States, Canada and in other countries. Each of these places has laws that may differ from those of Georgia and from each other. You and TopCheapCars.com both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and TopCheapCars.com explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be governed by the laws of the Georgia, without regard to its conflicts of law principles. You agree that all claims you may have against CarGurus arising from or relating to the operation or use of this Site will be heard and resolved according to the Section below captioned “Dispute Resolution – Mandatory Arbitration and Class Acton Waiver.” If you chose to access this Site from locations other than Boston, MA, you will be responsible for compliance with all local laws of such other jurisdiction.

DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER

1. Binding Arbitration

Except as specifically stated herein, any dispute or claim between you and TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com arising out of, or relating in any way to, the Terms and Conditions, the Site, content, or your use of the Site or the Interactive Areas (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court in Atlanta, Georgia. By virtue of this Arbitration Agreement (defined below), you and TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com is each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section). The provisions of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall constitute your and  writtenTopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com agreement to arbitrate Disputes under the Federal Arbitration Act (“Arbitration Agreement”). Any modification to this Arbitration Agreement, to be effective, must be in writing and signed by you and TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned decision or award.

To begin an arbitration proceeding, you must comply with the limitations provision set forth in subsection 5 below of this DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: Attn: Director of Legal, TopCheapCars.com, 3645 Marketpalce Blvd. Ste. 130-52, Atlanta, Georgia 30344. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Atlanta, Georgia, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside (which county must be in the continental United States of America).

2. No Class Action Matters

We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, consolidated or representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator shall not have the power to vary these provisions.

3. Choice of Law and Forum; No Jury Trial

If for any reason a Dispute proceeds in court: (a) you agree that any such Dispute may only be instituted in a state or federal court of competent subject matter jurisdiction located in Atlanta, Georgia (b) you and TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes, stipulate to the fairness and convenience of such courts and covenant not to assert any objection to proceeding in such courts; (c) you and TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of Georgia, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (d) you and TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com agree to waive any right to a trial by jury.

4. Injunctive Relief

Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the ”Ownership And Intellectual Property” section of the Terms of Use(“Your Conduct”).

5. Time Limitations

If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.

6. Severability

If any part of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section is ruled to be unenforceable, then the balance of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.

Modifications to the Site

TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com may change, restrict access to, suspend, or discontinue any aspect of the TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com service or the Site at any time, including availability of any feature, database, or content. TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com may also impose limits on certain features and services or restrict your access to all or parts of the TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com web site without notice or liability. TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com may remove any review from the Site if TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com determines, in its sole discretion, that the review may be false or fraudulent. TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com may exclude or remove vehicle prices from the Site if TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com determines, in its sole discretion, that the prices violate guidelines with the participating dealerships. TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com may exclude or remove from the Site embedded contact information in (i) a dealer’s description of a vehicle and/or (ii) images, often known as "Watermarking," if CarGurus determines in its sole discretion that such information is embedded with the intent of circumventing the CarGurus lead routing process.

TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com reserves the right (but assumes no obligation) to delete, move, condense or edit any content on the Site that comes to TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com attention and that TopCheapCars.com, JeffCars.com and Auto Trends with JeffCars.com considers unacceptable or inappropriate, whether for legal or other reasons.

Termination

You agree that we may, under some circumstances and without prior individual notice to you, terminate your use of and access to any of the parts of the 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 these Terms and Conditions 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 Site, (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 Site or any part of the Site.



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