Terms of Service
Introduction and Agreement This website (the "Site") is owned and operated by Car Evo, a division of Car Evo, LLC ("Car Evo"). These Terms of Service apply to the national version of the Site, located at
www.carevo.com/terms-of-service.aspx.
Car Evo Is an Advertising and Research Service. Car Evo operates the Site as an online advertising and research service for car buyers, sellers and enthusiasts. Car Evo does not sell vehicles directly and is never a party to any transaction between buyers and sellers. As a result, Car Evo does not (a) guarantee or ensure any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any vehicles.
Site Content All information and content available on this Site (collectively, "Content") is protected by copyright and other intellectual property laws. The Content is owned by Car Evo, its Affiliates, and/or their respective licensors and suppliers (collectively, "Licensors"). The Content is intended for personal and noncommercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of Car Evo. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to
support@carevo.com.
NOTICE: Certain automotive images or video contained herein are owned by eVox Productions LLC and are protected under United States and international copyright law. Access to and use of these images or video is restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited. eVox reserves the right to pursue all legal and equitable remedies against unauthorized uses.
1. Acceptance of Terms
Welcome to the CarEvo.com ("Car Evo") Web site (the "Site"). Please review the following terms and conditions concerning your use of this Web site. By accessing, using or downloading any materials from the Web site, you agree to follow and be bound by these terms and conditions (the "Terms"). If you do not agree with these Terms, please do not use this Web site.
2. Modifications of Terms of Use
Car Evo reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Car Evo will notify you. What constitutes a "material change" will be determined at Car Evo's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
3. Description of Service
Subject to full compliance with the Terms of Use, Car Evo may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Car Evo performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, hyperlinks, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site. Car Evo may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Car Evo may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
4. Your Registration Obligations
By using Car Evo, you agree to the collection and use of your personal information as described in this policy. You should know:
- We collect limited account information and store and maintain your account.
- We will never rent, sell or share information that personally identifies you for marketing purposes.
- You can update or delete your account information and preferences at any time.
Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
5. User Conduct
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Car Evo.
By way of example, and not as a limitation, you agree not to use the Services:
- to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to create or submit unwanted email ("Spam") to any other Car Evo users or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
Car Evo may remove any Content and Car Evo accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email:
support@carevo.com.
6. Copyright Complaints
Car Evo respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email:
support@carevo.com.
7. Car Evo Privacy Policy
Car Evo's current privacy policy is available at
http://www.carevo.com/privacy.aspx (the "Privacy Policy"), which is incorporated by this reference.
8. Indemnity
You will indemnify and hold harmless Car Evo, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Car Evo Username, of any intellectual property or other right of any person or entity.
9. Warranty Disclaimers
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. CAR EVO, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND CAR EVO, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. CAR EVO AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. CAR EVO CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. CAR EVO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT YOURSELF TERMS AND CONDITIONS, CAR EVO DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
10. Links
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Car Evo has no control over such sites and resources, you acknowledge and agree that Car Evo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Car Evo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. Limitation of Liability
CAR EVO, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY 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 SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF CAR EVO, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.
12. Termination
Car Evo may terminate or suspend any and all Services and your Car Evo account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Car Evo account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Car Evo in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Car Evo shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Car Evo's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Car Evo's prior written consent. Car Evo may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. Car Evo may terminate or suspend any and all Services and your Car Evo account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Car Evo account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Intellectual Property Notices
Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web site may be copied or retransmitted unless expressly permitted by Car Evo.
Car Evo, the Car Evo logo and/or other Car Evo products referenced herein are trademarks of Car Evo, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Copyright © 2011 Car Evo. All rights reserved.
Car Evo may terminate or suspend any and all Services and your Car Evo account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Car Evo account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15. Affiliations
This Web site and its employees are not affiliated with any other companies or websites mentioned on the Web site.
16. Legal Contact Information
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact
support@carevo.com.