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| VISITOR AGREEMENT |
| Welcome to CVAutoShopper.com,
a service of Prevalent Systems, Inc. By using this website, you
accept the terms of this Visitor Agreement. This is a legally binding
agreement between you and CVAutoShopper.com; please read it carefully.
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1. General Provisions |
CVAutoShopper.com respects
your privacy. Please take a moment to review our privacy
policy. |
We invite you to bring to
our attention any material on our site that you believe to be inaccurate.
Please forward a copy of the material to our Customer
Service Manager, along with an explanation of your objection.
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| If you are an owner of intellectual
property who believes your intellectual property has been improperly
posted or distributed via this website, please notify us by sending
email to copyrightatc@cvautoshopper.com or by sending a notice by
U.S. Mail to: CVAutoShopper.com Copyright, PO Box 3961, Clovis,
CA 93610 |
| The Web is an evolving medium.
CVAutoShopper.com may change the terms of this agreement from time
to time. By continuing to use this website following our posting
of such changes, you agree to be bound by this agreement, as modified.
CVAutoShopper.com may change, restrict access to, suspend, or discontinue
this website, or any portion of this website, at any time.
The material that appears on CVAutoShopper.com is for informational
purposes only. Despite our efforts to provide useful and accurate
information, errors may appear from time to time. Before purchasing
goods or services you've read about on CVAutoShopper.com, you should
confirm with the vendor any information (including the price) that
is important to your purchasing decision. CVAutoShopper.com is not
responsible for, and does not guarantee the performance of, any
such goods or services. |
2. Buying and Selling
Vehicles |
| CVAutoShopper.com is a vehicle
listing and information service that brings together buyers and
sellers of cars. Information about a particular vehicle is supplied
by the seller, not by CVAutoShopper.com. The price and other terms
of any sale remain subject to direct negotiation between the buyer
and the seller. The prices listed by sellers on CVAutoShopper.com
often exclude sales tax, finance charges, title, license, regulatory,
dealer documentary, emission testing and compliance fees, any or
all of which may be added to the listed price to arrive at the final
sale price of a particular vehicle. Though we hope that all who
come to CVAutoShopper.com will act honorably and treat each other
fairly, we can't verify the information sellers supply or guarantee
the vehicles they offer. Nor can we assure the seller of a vehicle
that the check he/she gets from the buyer isn't going to bounce.
When using this website to find a buyer for your vehicle or a vehicle
you can buy, we urge you to use the same common sense and good judgment
you would use in selling a car through, or responding to, a classified
ad in the newspaper. |
Please read our fraud
awareness tips before you buy or sell a car through a classified
ad, whether on CVAutoShopper.com or in your local newspaper. There
is no substitute for healthy skepticism and your own good judgment.
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| In connection with our efforts
to combat Internet fraud, some listings may be screened before being
posted publicly. This process may delay display of your listing.
We may also screen some email messages sent to sellers about vehicles
listed on CVAutoShopper.com. If it appears that your email message
has not reached the seller of the vehicle you're inquiring about,
you might try inquiring by telephone if the seller has provided
a telephone number. |
When you offer a vehicle
for sale through CVAutoShopper.com, you must be prepared to sell
that vehicle at the price at which, and the terms on which, you've
listed it. You must have possession of the actual vehicle listed
and the ability to transfer title. To list a vehicle for sale on
CVAutoShopper.com, sellers are required to provide certain identifying
and contact information. The information must accurately identify
the seller and the method of contact must permit buyers to communicate
directly with the seller. You may not charge any potential buyer
for information about any vehicle listed for sale on CVAutoShopper.com,
nor may you use our website to promote, without our prior written
permission, any other website, product or service. Sell
Your Car ads are available only to private sellers who want
to list their vehicles for sale. |
| Sell Your Car ads are not
to be used to advertise more than one vehicle per ad purchased,
regardless of ad duration. For this reason, you cannot edit your
vehicle's Year, Make, Model or VIN once you've purchased your ad.
Always double-check this information before submitting your ad. |
Individuals who seek to list
more than two vehicles on the CVAutoShopper.com website simultaneously,
and all dealers, must make other arrangements with us. To find out
more about listing and advertising opportunities on CVAutoShopper.com,
visit our CVAutoShopper.com
Dealer page. By using our Sell Your Car service, you represent
that you are not a motor vehicle dealer, that you are not listing
a vehicle for sale in your capacity as an employee or representative
of a dealer, and that neither you, nor anyone acting on your behalf
will list more than two vehicles for sale simultaneously. CVAutoShopper.com
reserves the right to deny use of this website to anyone who does
not comply with these requirements or who otherwise uses our website
in a manner we consider inappropriate. |
CVAutoShopper.com offers a
variety of ad packages, with combinations of features that vary
by market area. For information about the ad packages available
to private sellers in your area, click the "Sell Your Car"
tab or button on our home page. Dealers can select our Standard
Listings, or Premium Listings. Please visit our CVAutoShopper.com
Dealer page for more information. |
| Responsibility for the information
contained in ads lies with each seller. You alone are responsible
for material you post and for the content of all email messages
transmitted through CVAutoShopper.com. Nothing will undermine a
user's confidence in the vehicle you're looking to sell faster than
inaccurate statements or misleading representations about the vehicle.
And since any erosion of user confidence in you is likely to be
accompanied by erosion of user confidence in us, we care deeply
about making sure that the information you supply is accurate and
that, in all respects, you treat CVAutoShopper.com users fairly
and honorably. |
| Though we can't monitor every
transaction that originates on CVAutoShopper.com, we may perform
random quality assurance tests to confirm that those who offer vehicles
for sale over CVAutoShopper.com are prepared to sell the vehicles
they advertise at the prices at which, and the terms on which, they
advertise them. By using our Sell Your Car service, you agree to
cooperate in these random quality assurance tests. If our tests
reveal, or we otherwise learn, that a seller is engaging in "bait
and switch" or other unfair or deceptive practices, CVAutoShopper.com
reserves the right to deny that seller use of the Sell Your Car
service. |
| Although CVAutoShopper.com
cannot monitor all the listings posted to our website, we reserve
the right (but assume no obligation) to delete, move, or edit any
ads or other postings that come to our attention that we consider
unacceptable or inappropriate, whether for legal or other reasons.
By using CVAutoShopper.com you agree not to post or transmit any
defamatory, abusive, obscene, threatening, misleading, or illegal
material, or any other material that infringes on the rights of
others or interferes with the ability of others to enjoy CVAutoShopper.com.
We retain the right to deny access to anyone who we believe has
violated these terms or any other term of this agreement. We will
not, in the ordinary course of business, review the content of private
electronic messages that are not addressed to CVAutoShopper.com.
However, we may occasionally release information concerning such
communications when release is appropriate to comply with law (including
disclosure in response to a request from a law enforcement agency),
to enforce our Visitor Agreement, or to protect the rights, property
or safety of visitors to our site, our advertisers, the public or
CVAutoShopper.com. |
By placing an ad through
our Sell Your Car service, you agree to pay the fees specified for
the package you select, regardless of whether your vehicle sells
as a result of the listing. Take care in selecting your ad package
and inputting your ad information; listing fees are generally not
refundable, even if you provide erroneous information or fail to
sell your vehicle. Click here for our Refund
Policy. |
| 3. Delivery and Timing |
At the time you place an ad through our Sell Your Car service,
there may or may not be a delay of up to 24 hours from the time your ad is submitted to when it appears on the
CVAutoShopper.com. The process of submitting an ad through our Sell Your Car service begins at the time
you submit an ad if you are using our free service or at the time your credit card is approved if you are using
our paid listing service. |
| 4. Links to Other
Sites |
| For your convenience, we
make available a variety of links to other websites that we don't
operate where you can obtain automotive related products and services,
including insurance, warranties, financing and inspection services.
Although we encourage you to consult such websites, we cannot guarantee
the prices, terms, quality, reliability or performance of the products
or services provided by these vendors. CVAutoShopper.com is not
responsible for the products or services these vendors provide.
If you choose to purchase an inspection through such a third-party
website, remember that an inspection is not a warranty. Although
inspections can be of significant value in the purchase of a pre-owned
car, an inspection is not a guarantee that the inspected car is
free from defects or that the inspectors have identified all existing
defects. Before you purchase inspection services, you should confirm
with the inspector the location at which the inspection will be
conducted, the scope and price of the inspection, and any other
information you consider important to your decision. You are responsible
for coordinating and arranging for the inspection. You release CVAutoShopper.com
and its affiliates from any damages that you may incur, and agree
not to assert any claims against them, arising from your purchase
or use of third-party supplied products and services. |
| For your convenience, we
make available links to websites operated by car dealerships that
list their cars in our online classifieds. Although we 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. We do not co-sponsor,
operate, endorse or guarantee any advertiser sweepstakes or contest
offer that may be promoted from time to time on our site, or that
may be accessible through a link from our site, and you release
CVAutoShopper.com and its affiliates 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. |
| 5. Ownership and
Permissions |
CVAutoShopper.com is made
available for your personal, non-commercial use only. The materials
on this site are the property of CVAutoShopper.com or its licensors,
and are protected by U.S. copyright laws, other copyright laws,
and international conventions. Except as explicitly provided in
this agreement, you may not distribute, transmit, display, reproduce,
modify, create derivative works from, or otherwise exploit any of
the materials on this site. You may display and occasionally print
a single copy of any page on the site for your personal, non-commercial
use, but you may not otherwise reproduce any material appearing
on this site without the prior written consent of the owner. You
may not store any significant portion of, nor distribute copies
of, materials found on this site, in any form (including electronic
form), without prior written permission from the owner. Requests
for permission to reproduce or distribute materials found on CVAutoShopper.com
should be sent to our Customer Service Manager, CVAutoShopper.com,
PO Box 3961, Clovis, CA 93610 or to Customer
Service. |
You are free to establish
a hypertext link to this site so long as the link does not state
or imply any endorsement or sponsorship of you, your company, or
your site by CVAutoShopper.com or any of its affiliates. However,
without the prior written permission of CVAutoShopper.com, you may
not frame any of the content of CVAutoShopper.com, nor incorporate
into another website or other service any intellectual property
of CVAutoShopper.com or its licensors. Requests for permission to
frame our content may be sent our Customer Service Manager, either
by email or at the address
above. |
| CVAutoShopper.com® and
the CVAutoShopper.com logo, which are trademarks of Prevalent Systems,
Inc., are used by CVAutoShopper.com, under license from Prevalent
Systems, Inc., The names of other products and services referred
to on the site may be the trademarks of their respective owners.
You may not use any trademark or service mark appearing on CVAutoShopper.com
without the prior written consent of the owner of the mark. All
contents of this site are: Copyright 2006 CVAutoShopper.com, Prevalent
Systems, Inc., and/or its licensors. All rights reserved. |
| You will not use CVAutoShopper.com
to violate the copyright, trademark, or other intellectual property
rights of any person or other entity. By submitting material to
CVAutoShopper.com, you are representing that you are the owner of
the material, or are making your submission with the explicit consent
of the owner. By submitting material to CVAutoShopper.com you are
permanently granting CVAutoShopper.com all rights to the material,
including the right to modify the material, to display and distribute
the material and otherwise use it commercially, and to maintain
the material in an archive. Among other things, CVAutoShopper.com
uses listings data to derive other useful information (such as vehicle
valuation information) for display and distribution. |
| 6. Disclaimer of
Warranties, Limitation of Liability, and Indemnification
|
| IF YOU RELY ON THIS WEBSITE
OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE,
YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS,
OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH
THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED
OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS."
CVAUTOSHOPPER.COM AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT
AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION
AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES
THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH
THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL
BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL
BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. |
| UNDER NO CIRCUMSTANCES WILL
CVAUTOSHOPPER.COM OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES,
ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE
LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING,
WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT,
PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST
REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF
WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU
AGREE THAT THE LIABILITY OF CVAUTOSHOPPER.COM AND ITS AFFILIATES,
AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM
ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED
THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH
SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO
YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CVAUTOSHOPPER.COM,
ITS EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY
AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING
YOU PLACE THROUGH OUR SELL YOUR CAR SERVICE. |
| 7. Registration
|
To obtain access to certain
CVAutoShopper.com services, you will be given an opportunity to
register with CVAutoShopper.com. As part of the registration process,
you will select a user name and a password. You agree that the information
you supply during that registration process will be accurate and
complete and that you will not register under the name of, nor attempt
to enter the service under the name of, another person. We reserve
the right to disallow use of user name that we deem offensive or
inappropriate. You will be responsible for preserving the confidentiality
of your password and for all actions of persons accessing CVAutoShopper.com
through any username/password assigned to you. You will notify CVAutoShopper.com's
Customer Service Manager of any
known or suspected unauthorized use of your account. |
| 8. Miscellaneous
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| No spamming or data scrapping.
We want potential buyers visiting CVAutoShopper.com to feel free
to share their email addresses with those listing vehicles for sale
on our site. By listing a vehicle for sale on this site, you agree
to use the email addresses of those responding to your listing only
for purposes of communicating with them about the potential sale
of that vehicle. By using this website, you agree not to use information
concerning other users of CVAutoShopper.com, or the vehicles they've
listed or searched for on this website (including listing information,
user names, email addresses, telephone numbers, and/or other information),
for any purpose other than to explore the potential purchase or
sale of a listed vehicle. |
| This Visitor Agreement has
been made in, and will be construed in accordance with the laws
of, the State of California. By using this website, you consent
to the exclusive jurisdiction and venue of the state and federal
courts in Fresno County, California in all disputes arising out
of or relating to this Agreement or use of this website. |
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