TERMS OF USE

1. Terms of Use
Your use of the Services, including websites, digital platforms, mobile applications, discussion forums or other online services contained within the Services, signifies your agreement to these Terms of Use. If you do not agree to these terms and conditions of use, please do not use the Site.

2. Copyright
All materials contained in the Services are protected by copyright, and are owned or controlled by carsmatcher.com or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content in the Services. You may copy and download only the content designated within the Services as downloadable for personal, noncommercial use only, provided that you make no modifications to the materials and retain all copyright and other notices contained in such content. You may not distribute, modify, transmit, reuse, re-post or use the content of the Services for public or commercial purposes, including the text, images, audio, and video, without carsmatcher.com’s written permission.

3. Trademarks
All trademarks, service marks, and trade names are proprietary to carsmatcher.com, unless otherwise noted, in which case they are the trademarks, service marks, or trade names of the respective owner as indicated by the mark. All rights are reserved by the respective owners. You may not use any carsmatcher.com provided service marks, logos or graphics, without carsmatcher.com’s prior written consent.

4. User Generated Content
The Services may now or in the future permit the submission of videos, images, textual content or other content submitted by you and other users (“User Generated Content”) and the hosting, sharing or publishing of such User Generated Content. You understand that carsmatcher.com does not guarantee confidentiality with respect to any such User Generated Content. You acknowledge that User Generated Content may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by carsmatcher.com staff and on the Internet by the general public. You acknowledge that the Site, including its features, is for public and not private communications. carsmatcher.com does not and cannot review all materials posted to the Site by users, and carsmatcher.com is not responsible for any such materials posted by users. However, carsmatcher.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or remove any information or materials that in carsmatcher.com’s sole discretion are objectionable or in violation of carsmatcher.com’s Terms of Use Agreement.

Unless you enter into a separate written agreement with carsmatcher.com, carsmatcher.com does not claim ownership in User Generated Content you submit; however, by submitting the User Generated Content to the Site, you expressly grant carsmatcher.com and its affiliates and assignees the right to reproduce, adapt, perform, display and distribute any such User Generated Content in any form worldwide, in perpetuity without providing credit or payment to you.

carsmatcher.com does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and carsmatcher.com expressly disclaims any and all liability in connection with User Generated Content.

5. Compliance with Law
You agree that: (a) you will not upload, post or transmit to or distribute or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.

6. Links to Third Party Sites
The Site contains links and pointers to other related websites and resources. Links to and from the Services to other third party sites do not constitute an endorsement by carsmatcher.com or any of its subsidiaries or affiliates of any third party resources or their contents.

7. Waiver & Indemnification
You hereby release and waive any and all claims and liability against carsmatcher.com arising from or in connection with your use of the Services. You hereby agree to indemnify, defend and hold carsmatcher.com, and all its officers, directors, owners, agents, employees, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Terms of Use Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorney’s fees and costs. You will cooperate as fully as reasonably required in the defense of any claim. carsmatcher.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of carsmatcher.com.

8. Disclaimer of Warranties & Limitations of Liability
The Services, including all content, software, functions, materials and information made available on or accessed through the Services, is provided “as is.” To the fullest extent permissible by law, carsmatcher.com and its subsidiaries and affiliates make no representation or warranties of any kind whatsoever for the content of the Services or information and functions made accessible by the software used on or accessed through the Services, for any products or services or hyperlinks to third parties or for any breach of security associated with the transmission of sensitive information through the Services or any linked site. Further, carsmatcher.com and its subsidiaries and affiliates disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. carsmatcher.com does not warrant that the functions contained in the Services or any materials or content will be uninterrupted or error free, that defects will be corrected, or that the Services or the servers that make the Services available are free of viruses or other harmful components.

Under no circumstance, including negligence, shall carsmatcher.com be liable for any direct, indirect, incidental, special, punitive, or consequential damages that may result from your use or inability to use the Services including, without limitation use of or reliance on information available on the Services, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other failure of performance.

9. Mobile Devices
carsmatcher.com may offer certain features and services that are available to you via your mobile and wireless devices. carsmatcher.com’s Services are free to use; however, the usage will contribute to the data usage and fees may be charged by your carrier for your mobile or wireless device. Fees and charges may appear on your bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain features or there may be certain features that are not compatible with your carrier or mobile or wireless device.

10. Termination
carsmatcher.com may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. carsmatcher.com may also impose limits on certain features and services or restrict your access to parts or the entire Services without notice or liability.

11. Privacy Policy
The carsmatcher.com’s Privacy Policy provides additional terms and conditions that apply to your use of our Services. If you do not agree to the conditions therein, please do not use the Services.

12. Other Terms
You must be at least eighteen (18) years of age to register for certain features of the Services, submit any User Generated Content or personally-identifying information on or through the Services, and, in some cases, participate in any online contests. Online contests will each be governed by a separate set of rules that will accompany each contest.

You acknowledge that by submitting communications to carsmatcher.com, no confidential, fiduciary, implied or other relationship is created between you and carsmatcher.com other than pursuant to carsmatcher.com’s Terms of Use Agreement.

carsmatcher.com’s Terms of Use Agreement is governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of laws provisions. The appropriate state or federal court located in the state of Delaware will have exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement.

carsmatcher.com’s Terms of Use constitutes the entire agreement between carsmatcher.com and you with respect to your use of the Services. Any cause of action you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms of Use, and the remainder of these Terms of Use will continue in full force and effect. carsmatcher.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Any modifications, additions or deletions to these Terms of Use shall be effective immediately upon posting. Your continued use of the Services following the posting of updated Terms of Use will mean that you agree to those changes.

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TERMS OF USE