Welcome to MotorTrendCertified.com. By using this website, you agree to accept these Terms and Conditions (“Agreement”).
Introduction And General Provisions
The website www.MotorTrendCertified.com (the “Site”) is owned and operated by Automobile Protection Corporation d/b/a EasyCare. By using the Site, you hereby agree that you are at least eighteen (18) years of age and are bound by this Agreement.
The Site is an online research, information, listing, and advertising service. EasyCare operates the Site primarily in order to help bring together car buyers and sellers, and buyers and sellers of other goods and services, usually automotive related. EasyCare does not sell vehicles directly. Neither EasyCare nor the Site is a party to any transaction between buyers and sellers. All information related to vehicles available on the Site is supplied by the seller and discrepancies or errors may appear. The price and any other terms of any sale remain subject to direct negotiation between the buyer and the seller only. The prices listed by sellers on the Site may, among other things, exclude finance charges, license, title, regulatory, emission validation, dealer documentary, compliance fees, federal/state/local taxes, sales taxes, other fees, and other unlisted costs, any and all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. EasyCare does not verify any of the prices and other information that sellers may provide for accuracy, omissions or completeness of information. Further, EasyCare is not responsible for the availability, location, or performance of listed vehicles or goods and services found on the Site.
Any and all concerns, discrepancies, or differences regarding a vehicle must be addressed with the seller prior to the sale of a vehicle. EasyCare does not (a) guarantee, ensure, or warrant any vehicle or any transaction between a buyer and seller, (b) collect or process payments, fees, or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, transport, deliver, service, repair, warrant, or insure, any vehicles.
Site Content
By submitting data, information, advertisements, photos, listings, reviews, ratings, comments, materials, or any other content (collectively, “Content”) to the Site, you hereby grant to EasyCare a perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable, transferable, right and license, to copy, modify, edit, store, display, promote, aggregate, distribute, perform, create derivative works from, and in any way use all such Content in any form, media, software, current technology, and/or technology developed in the future. You further grant EasyCare a royalty-free right and license to use your corporate or personal name, likeness, image, logo, trademark, copyright, and information, in connection with the distribution or reproduction of said Content. You may post Content to the Site so long as it is not false, misleading, racist, obscene, illegal, defamatory, threatening, invasive of privacy rights, infringing of copyright, trademark, or other intellectual property rights, or otherwise injurious to the Site or EasyCare. EasyCare reserves the right to review and remove any Content that, in our sole judgment, violates these Terms and Conditions, violates applicable laws, rules, or regulations, or that is otherwise abusive, disruptive, offensive, harmful, or illegal. By submitting Content to the Site, you hereby represent and warrant that your submission does not contain any computer viruses, worms, or other damaging computer files or code, you have all necessary authority, rights and permissions to submit the Content to the Site, and that you own or otherwise control all of the rights (including any copyright, trade secret, trademark, patent, or other intellectual property right of any third-parties) to the Content that you submit. Furthermore, you represent that the Content is accurate, that the use of the Content you submit does not and will not violate the Agreement, any applicable laws or regulations, personal information (including any rights of privacy or publicity), and will not cause injury to any person or entity. You further agree to release, defend, indemnify and hold harmless the Site and/or EasyCare, and all its respective owners, members, directors, managers, officers, employees, agents, contractors, affiliates, representatives, and licensors from any and all claims, damages, demands, expenses, and costs (including attorney’s fees) resulting from Content you submit or any distribution, publication, refusal to publish, removal, deletion, movement, editing, or other use of the Content you provide or any actual, prospective, or terminated sale or other transaction between you and a third-party. Content appearing on the Site is intended for non-commercial personal use only. You may not store, reproduce, publish, display, market, sell, distribute, transmit, duplicate, modify, re-post, re-transmit, or otherwise use any portion of EasyCare or third party Content in any other manner than for non-commercial personal use. The Site reserves the right (but assumes no obligation) in its sole discretion to screen, monitor, edit, store, duplicate, copy remove, delete, reject, condense, aggregate, or move (collectively, “Format”) any Content transmitted through, or on behalf of the Site.
Inventory Content
On occasion, we may permit certain third parties to supply Content in the form of supplemental automotive inventory available for access by users of the Site (the “Inventory Content”). Such Inventory Content will at all times be subject to the requirements and restrictions governing all other Content on the Site. EasyCare accepts and posts such Inventory Content solely as an accommodation to such third parties, and reserves the right to terminate the relationship, and remove such Inventory Content immediately in the event that such third party or Inventory Content is found to violate any term or condition of this Agreement, or any other agreement in place between EasyCare and such third party. EasyCare further reserves the right to terminate the relationship and remove such Inventory Content for any reason at any time. In consideration of EasyCare’s agreement to permit a third party to provide Inventory Content to the Site, such third party agrees, during the period of time that such third party’s Inventory Content is being posted on the Site plus 24 months, not to (directly or indirectly) own, manage, operate or invest in any business that, directly or indirectly, owns or operates a consumer-oriented web-based business that is directly designed and intended to facilitate automobile transactions, or that is otherwise directly competitive with the products, services, and features being offered by the Site.
Software Technology
Software programming and technology, including without limitation, all code contained in the Site (collectively, “Software”), is owned by the Site, EasyCare, and/or is protected by copyright and intellectual property laws, as well as provisions of international treaties. Any unauthorized access to, redistribution, reverse engineering, reproduction, display, publication, or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties.
Trademarks
As a user, you acknowledge that the Content of the Site may include trademarks and service marks owned or licensed by the Site or EasyCare. You agree not to copy, use, or otherwise infringe upon these trademarks without the prior written consent of the owner of the mark. Furthermore, you agree that you will not alter or remove any trademark, copyright, or other notice from any copies of the Content. The “MotorTrendCertified.com” name, logo, and slogan are licensed trademarks of the Site.
Links To Other Sites
The Site may include links to other websites not established, operating, or supervised by the Site or EasyCare. At these external third-party sites, you may be able to obtain non-automotive and automotive related products and services, including (but not limited to) insurance, warranties, financing, leasing, servicing, repair, maintenance, transportation, storage, and inspection services. The Site and EasyCare do not sponsor, endorse, validate, or guarantee these linked websites, and are not responsible in any way for any practices, terms, content, information, quality, reliability, performance, advice, products, or services related to, or made available through, such linked websites.
The Site may make available links to websites operated by car dealerships that list their cars on the Site. Although the Site may power some of these dealer websites, we are not responsible for any of the content that appears on these sites, including, without limitation, promotional contests and sweepstakes offers.
The Site does not record or store highly sensitive personal information such as Social Security numbers. Users may find credit applications on websites controlled by Affiliates. The Site retains no control over such external websites nor do we endorse or guarantee the security of the data transmitted by users to these sites.
Limitation of Liability, Disclaimer of Warranties, and Indemnification
Under no circumstances will EasyCare or the Site in any event be liable to you for any damages or losses including, without limitation, direct, indirect, exemplary, special, consequential, incidental, or punitive damages resulting from, or caused by, the Site, the Software, the Content, the Agreement, or otherwise (including, without limitation, damages resulting from negligence).
The Site and EasyCare are not responsible for lost revenues, profits, business, information, photos, or data, even if we are advised beforehand of the possibility of such losses or damages. In no event will the aggregate maximum liability of the Site or EasyCare for any claim ever exceed 1/100 of 1 cent ($0.0001). You agree to indemnify and hold harmless EasyCare and the Site from events that may arise out of your use of the Site, including without limitation any listing and/or advertisement that is placed, found, or used on the Site.
Neither the Site nor EasyCare co-sponsors, operates, endorses, or guarantees any advertiser sweepstakes or contest offer that may be promoted on the Site, or that may be accessible through a link from the Site. By using the Site, you release EasyCare and the Site from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.
The Site uses advanced computer algorithms to determine the value of vehicles listed on the Site and may express said values as a figure, graph, and/or icon (for example, a “thumbs up.”) The Site does not provide the calculations and parameters used in determining such value rankings or figures, nor does the Site guarantee with any degree of accuracy the means or result by which we calculate said values as being accurate, comparable, or current. Vehicle buying decisions should not be directly influenced by our value ratings, rather we provide this service as a complimentary, yet unproven, way of comparing vehicles against one another. Please be aware that day-to-day vehicle pricing may change drastically, and may not be properly reflected in our value guides.
The Site will not be held liable in any way to any user, any third-party, or any entity who may receive or use Content from the Site for any inaccuracies, delays, omissions, interruptions, errors, and/or other problems with the Content, products and/or services published or promoted on the Site. Neither the Site nor EasyCare make any representation or warranties of any kind regarding the Site, the Software, the Content, or the results that may be obtained from use of any of the foregoing.
The Site, the Content, and the Software are presented on an “as is, as available” basis, and you expressly agree that the use of the Site and reliance on its Content is at your own risk. THE SITE, AND EASYCARE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, COMPLETENESS, OR ACCURACY OF THE INFORMATION AVAILABLE ON THE SITE. This also applies to any goods or services, information advertised or promoted on, referred to, or sold through the Site or by EasyCare. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
EasyCare does not guarantee the Site will be continuously available, error free, or free from computer viruses or other known and/or unknown harmful components. All information provided on the Site which is supplied by a seller or other third-parties is not validated by the Site.
EasyCare and the Site make no representation of warranties, expressed or implied, to any actual or prospective purchaser or owner of any vehicle as to the existence, ownership, condition, availability, location, accuracy, or completeness of any information regarding said vehicle (or product or service) advertised on the Site. EasyCare does not verify or warrant the accuracy or completeness of such information. In its sole discretion, the Site reserves the right to correct any error or omission on the Site or in its Content. Notwithstanding the foregoing, the Site takes no responsibility and assumes no liability for any Content posted to the Site by users or other third-parties.
All vehicles are subject to prior sales. Any and all differences, concerns, or discrepancies regarding a vehicle must be addressed directly with the seller prior to the sale of the vehicle.
Advertisers And Clients
If you are a dealer who has subscribed to the Site (a “Client”), or if you have purchased advertising space on the Site (an “Advertiser”), the Site may send you electronic notification to the email address currently on file regarding changes to the pricing of the services offered by the Site. Failure to reply to or contest this email within thirty (30) days will constitute your acceptance of our new pricing. If you are a Client, please note that the Site uses advanced computer algorithms to assist you in competitively pricing vehicles in your inventory. The Site does not provide the calculations and parameters used in determining such pricing figures, nor does the Site guarantee with any degree of accuracy the means or result by which we calculate said values as being accurate, comparable, or current. Vehicle listing decisions should not be directly influenced by the pricing assistance service offered on the Site, rather we provide this service as a complimentary, yet unproven, way of pricing vehicles based on similar vehicles already for sale. Please be aware that day-to-day vehicle pricing may change drastically, and may not be properly reflected in our pricing assistant.
Registration And Termination
To obtain access to portions of the Site and their corresponding features as a Client, you are allowed the opportunity to register with the Site. As part of the registration process, you will select a user name and a password. You agree that all information you provide during the registration process will be accurate and complete, and that you will not register under the name of, nor attempt to enter the Site under the name of, another person. The Site reserves the right to disallow use of any user name that we deem offensive or inappropriate. You will be responsible for preserving the integrity and confidentiality of your user name and corresponding password, and for all actions in regard to accessing the Site through any user name and password assigned to you. The Site maintains, in its sole discretion, access to the Site by means of login through your user name and password. Having a user name and password does not guarantee permission to visit any and all areas of the Site.
You understand and agree that the Site maintains, in its sole discretion, and without prior notice, your access to the Site. The Site may be terminated or suspended, and we may remove any Content if the Site believes that your use of the Site and/or any Content you provide: (a) violates (i) the Agreement, (ii) the rights of the Site EasyCare, or another user of the Site; or (iii) any regulation or law, or are otherwise deemed objectionable or inappropriate; or (b) constitutes fraudulent or inappropriate activity of any nature. The Site is not required to provide any warning, reason, or refund to you if you are terminated as an authorized user of the Site because, in the sole discretion of the Site, you have violated the Agreement.
We further reserve the right to terminate your access and registration as a Client immediately upon either: (a) your failure to pay any required registration or other fees; or (b) your breach of any other term or condition of this Agreement or any other agreement with EasyCare. EasyCare also reserves the right to terminate your access and registration for any reason or no reason upon 30 prior days’ notice sent you via your e-mail address on file.
Interactive Forums
The Site may offer message boards, chat rooms, bulletin boards, review sections, or other forums (collectively, “Forums”) to give users an arena in which they can express their opinions and share their ideas. The Site and EasyCare do not endorse the accuracy or reliability of any opinion, advice, statement, or information posted on the Forums. By posting a message in the Forums, you agree to abide by the Agreement. You may not use the Forums on the Site to engage in any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary Content of any kind on the Site without the express permission of the owner of that content is prohibited, and may result in civil and/or criminal liability.
Prohibited Activities
The following is a partial list of the type of activities that are prohibited on or through the Site: (a) submitting Content that displays any kind of pornographic or sexually explicit material; (b) using any robot, spider, automatic, or automated device, or a manual process to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose; (c) engaging in activities or submitting Content that could be harmful to minors; (d) engaging in activity that involves the transmission of unsolicited mass mailing or “spam” or “junk mail” to users on the Site or others; (e) engaging in activity or submitting Content, or promoting information that is false, fraudulent, or misleading, or promotes illegal activities or conduct that is obscene, abusive, threatening, libelous, or defamatory; (f) submitting Content that contains restricted or password only access pages, hidden pages, or images; (g) submitting Content that is considered offensive to the online community, such as Content that promotes bigotry, racism, hatred, or physical harm of any kind against any group or individual; (h) submitting Content that provides instructional information about illegal activities; (i) engaging in activities or submitting Content that solicits personally identifiable information or passwords for unlawful purposes from other users; (j) engaging in commercial activities and/or sales such as sweepstakes, contests, advertising, barter, and pyramid schemes; (k) using the lead forms on the Site and/or phone numbers to advertise or promote products and services to advertisers on the Site; (l) engaging in activity or submitting Content that harasses or advocates harassment of another person or entity; (m) using any Software, device, or routine to interfere, or attempt to interfere, with the proper working of the Site; (n) reverse engineering, decompiling, disassembling, or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on the hardware and software infrastructure of the Site (collectively, “Prohibited Activities”).
Miscellaneous
The Site in no way accepts unsolicited materials or ideas for use, transmission, or publication in its programming code or in other electronic, digital, or print media.
No data scraping or spamming is allowed by any user of the Site. By listing a vehicle for sale on the Site, you agree to use the listing information, email addresses, telephone numbers, user name, or other contact and/or personally identifiable information of those responding to your listing only for purposes of communicating with them about the potential purchase, sale, or acquisition of that vehicle.
You may be subject to additional terms, conditions, and agreements concerning your use of specific Motor Trend Certified products and services (in each case, a “Customer Agreement”). In the event of any conflict or ambiguity between this Agreement and your specific Customer Agreement, the terms of your Customer Agreement will prevail.
The Site reserves the right to change the Agreement at any time and for any reason. You will only be notified of any such changes by an updated posting of a new Agreement on the Site. Your ongoing and continued use of the Site after the posting of any amended Agreement shall constitute your agreement to be bound by any such changes. At any time the Site reserves the right to modify, restrict access to, discontinue, terminate, or suspend the use of the Site, or any portion of the Site, without prior notice or liability.
The Agreement has been constructed in, and will be governed by and in accordance with the laws of the State of Georgia without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Gwinnett County, Georgia within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Gwinnett County, Georgia, and waive any objection based on forum nonconveniens.
As a condition of using the Site, you agree that all causes of action arising out of or connected with the Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement will continue in full force and effect. Failure by the Site to enforce any provision of the Agreement will not be deemed a waiver of future enforcement of that or any other provision of the Agreement.
© 2016 Automobile Protection Corporation.
