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Terms of Service

123FindaCar

This website is operated by 123FindaCar. We provide our services to you subject to the following conditions. The same conditions apply to anyone's use of 123FindaCar features and services. Please review the agreement carefully. None of the companies listed on this web site, including advertisers, auto manufacturers, and auto dealers are affiliated with 123FindaCar. Your exploration of the 123FindaCar web site and use of our services is your acknowledgment that you have read and agree to be bound by these terms and conditions.

Privacy Policy

Please also review the 123FindaCar Privacy Policy. A copy is available on this web site. The 123FindaCar Privacy Policy is incorporated into this agreement by reference. By using our web site and services, you are expressly agreeing to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy. When you submit your personal information, you represent to us that it is true and complete. Among other things, accurate information helps us to provide better services to you. Click here to review the Privacy Policy.

License

With your access and use of this web site and services, you agree to use the web site and services only for lawful purposes. You also agree that you will not: (a) license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party our web site or services; (b) modify or make derivative works based upon our web site or services; or (c) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of our web site or services, or authorize any third party to do any of the foregoing.

Use of the Web Site and Services

When you access the 123FindaCar web site, we provide you with the opportunity to take advantage of our services and features contingent upon your acceptance of certain conditions. You may also be asked to enter into additional agreements before being permitted to access certain of our services. These further agreements are in addition to these terms and conditions and will govern your use of the services covered by the additional agreements in the event of a conflict between the terms of this agreement and those additional agreements.

By accessing the web site or otherwise using the services, you acknowledge that you have read, understand and agree to be bound by this agreement. If you do not agree with any of the terms of this agreement, you do not have permission to access the web site or use the services. We reserve the right, at our sole discretion, to modify this agreement at any time by posting a modified version of this agreement to the web site. You agree to be bound by the modified Terms of Use through your continued access to the web site or use of the services.

Representations and Warranties

You represent, warrant and covenant that: (1) You have the legal right and authority to enter into this agreement, and, if you are accepting this agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this agreement; (2) You have the legal right and authority to perform your obligations under this agreement and to grant the rights and licenses described in this agreement and in any applicable additional agreement you enter into in connection with our web site and any of our services; (3) All information that you provide to us in connection with this agreement and your access to our web site and use of the services is correct and current.

Linked Web Sites

Our web site may contain links to third party web sites that are offered as a convenience. Those third party web sites are not under our control and we are not responsible for any content on any linked web site. Our inclusion of third party links does not imply that we endorse or accept any responsibility for the content on those web sites. If you access a third party web site from our web site, then you do so with the understanding that the risk is yours.

Copyright and Trademarks

123FindaCar owns the rights, title, and interest in and to our web site and services, including the intellectual property rights. Intellectual property rights are all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. Furthermore, the 123FindaCar name and logo are our trademarks, and no right or license is granted to you herein to use such trademarks. All vehicles make and model names are trademarks of their respective manufacturers.

Indemnification

You agree that you will indemnify, defend, and hold harmless 123FindaCar and each of its respective employees, officer, directors, and affiliates, from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any of those indemnified parties arising from: (a) your accessing our web site or use of our services including any materials disseminated or transmitted by you and/or your affiliates; (b) your breach of any term of this agreement; or (c) your negligence or intentional misconduct hereunder. We will provide you with notice of any such claim or allegation, and we will have the right to participate in the defense of any such claim at our expense.

Limitation of Liability

IN NO EVENT WILL 123FINDACAR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE WEB SITE, THE INFORMATION THEREON, OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE WEB SITE, EVEN IF 123FINDACAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.

Disclaimer

THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE WEB SITE AND USE OF THE SERVICES AND INTERRUPTIONS, CRASHES AND DOWNTIME THAT MAY OCCUR FROM TIME TO TIME. 123FINDACAR DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE. 123FINDACAR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY 123FINDACAR WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE WEB SITE AND THE INFORMATION THEREON IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE WEB SITE OR USE OF THE SERVICES.

General Provisions

These Terms of Use are the complete and exclusive statement of the agreement between 123FindaCar and you regarding the web site and services and supersede any other agreement or proposal, oral or written (including information on our web site), and any other communications between 123FindaCar and you. These Terms of Use will be governed by the laws of the State of Massachusetts without regard to conflicts of law principles. All disputes arising under this agreement must be brought in the state or federal courts located in Massachusetts. Each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding. There are no other third party beneficiaries under this agreement. The waiver of a breach of any provision of this agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign, delegate or otherwise transfer this agreement or any of your rights or obligations under this agreement without our prior written consent. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.

You access our web site and services solely in accordance with the terms of this agreement. We reserve the right, at our sole discretion, to terminate this agreement or your access to any part of the web site or the services with or without notice to you and with or without cause. Upon termination of this agreement, all rights and licenses granted to you in this agreement will immediately cease to exist. The provisions of the General Provisions, Privacy Policy, Linked Web Sites, Limitation of Liability, Disclaimer, Indemnification, Representations and Warranties, and Use of Web Site and Services of this agreement will survive termination of the agreement for any reason.

Notices

Any notice by you under these Terms of Use must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to 123FindaCar address set forth on the web site. Such notice will be effective upon receipt or 3 business days after being deposited in the mail, whichever occurs sooner. We may deliver a notice to you by posting of a general notice on the web site, which will be effective 48 hours after posting to the web site.

Get in Touch With Us

If you have questions or comments regarding our website, please send an email to the address below, or contact us at the mailing address listed. Your opinion is important to us.
Email:
info@123findacar.com