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1. Access or Use of Our Site/App and/or Service
- To access or use some content or features of our Site/App or Service, you may choose to provide us certain information, we may require you to provide certain information, or require that you establish an account with us through registration. Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.
- Whenever you submit information to us, you agree to provide true, accurate and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.
- Accounts. We may also impose restrictions on your ability to establish an account (e.g., age limits, restrict business entities from setting up accounts, limitations on the number of accounts, etc.). When registering an account, you may need to select a username (“ID”) and password. You are responsible for keeping your ID and password, and other account information, confidential and are fully responsible for all activities that occur under your account, whether or not you authorized such activities. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by contacting us via our contact us form.
2. Limitation, Suspension or Termination
3. Acceptable Use
- use our Site/App or Service in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
- modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Site/App or Service (e.g., those that prevent or restrict copying Site/App Content);
- use our Site/App or Service in any way to manipulate or distort, or undermine the integrity and accuracy of, any reviews and ratings, or take any action to interfere with, damage, disrupt any part of our Site/App or Service;
- use our Site/App or Service to send, receive, upload/post, download, any material which does not comply with our content standards;
- use our Site/App or Service to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
- use our Site/App or Service to transmit any data, or upload to our Site/App or Service any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- decompile, reverse engineer or disassemble any portion of our Site/App or Service;
- use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained our Site/App or Service, or use network-monitoring software to determine architecture of or extract usage data from our Site/App or Service; or
- engage in any conduct that restricts or inhibits any other user from using or enjoying our Site/App or Service.
4. Submitting an Offer to Buy
- As a buyer, all offers you submit on CarBlip are non-binding offers to buy, finance or lease a vehicle at the submitted price. If and when an offer is accepted, no parties have any obligation under these terms and conditions to complete the purchase or sale.
- Not withstanding the forgoing, you acknowledge and agree that making an non-binding offer to buy, finance or lease a vehicle does not guarantee that a dealer partner will accept your offer. The offer price shown is for informational purposes only and does not constitute a guarantee that your offer will be accepted at that or any other price you submit. Accepting an offer is at the sole discretion of our dealer partners and CarBlip does not have any authority or influence to require retailers to accept your offer.
- You further acknowledge that CarBlip reserves the right to retract counter-offers that are sent to you, the buyer, for any reason.
- You further acknowledge that CarBlip reserves the right to cancel/refund any accepted offers, for any reason.
5. Intellectual Property
6. Retailers and Third Parties
- Your dealings with online retailers or other third parties via our Site/App or Service, including third party website/Apps accessed via links on our Site/App, are solely between you and that third party. As such, when you engage in a transaction with a third party or access a third party’s website/App, you do so under their terms and policies, not ours. Complaints, questions and claims related to transactions with any third party should be directed to that third party.
- We make no warranties regarding and shall not be liable or responsible to you (whether in contract, tort or otherwise) for your use of, the quality or delivery of the goods or services from any third party or for honoring (or to cause any retailer to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons related to any products or service offerings promoted or available through our Site/App or service.
7. Disclaimer of Warranties
- To the full extent permitted by law, the Site/App, CarBlip’s services and all information, content, materials, products (including software) included on or otherwise made available to you through its services are provided by CarBlip on an “As Is” and “AS Available” basis and are not warranted to be, among other things, free of computer viruses and/or free from errors. You expressly agree that your use of our Site/App and service is at your own risk. CarBlip makes no representations or warranties of any kind, express or implied, as to the operation of its Site/App or the information, content materials, products (including software) or services included on its Site/App or other-wise made available to you through its services.
- Information available through our Site/App or Service is for promotional and commercial purposes only. While we make efforts to ensure that information provided by us is accurate, we do not represent or warrant that any User Content or Site/App Content is accurate, complete or current. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Site/App Content, User Content, and other information and opinions expressed through our Site/App or Service. For instance, prices may be informative to some but are not provided as a guarantee or prediction of the level of performance you may experience with the applicable product, service, retailer or other third party. You are solely responsible for any actions or decisions you take based on materials and information available through our Site/App and Service, and should carry out your own research and investigation as appropriate.
8. LIMITATION OF LIABILITY
- In some jurisdictions limitations of liability are not permitted and, therefore, some of the above limits may not apply in all instances.
10. Governing Law; Jurisdiction
- Any claim or dispute between you and us that arises in whole or in part from your use of the Service or the Site/App shall be decided exclusively by a court of competent jurisdiction located in Delaware, and you hereby consent to, and irrevocably waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of Delaware
- If there is a dispute between you and anyone accessing our Site/App or Service, or you and any third party in connection with our Site/App or Service, you understand and agree that we are under no obligation to become involved. In such instances, you hereby release CarBlip and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries and their related companies from any and all claims, demands and damages of every kind or nature arising out of, relating to or in any way connected with such dispute.
- To the extent allowed by law, we each waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.
- To the extent allowed by law, we each waive any right to trail by jury in any lawsuit, arbitration or other proceeding.
11. Copyright Infringement
- We may remove or disable, in our sole discretion, access to material on the Site/App or hosted on our systems that may be infringing third parties rights (including, without limitation, copyright of others).
- You may notify that copyrighted material has allegedly been infringed and matters other than informing CarBlip that copyrighted material may have been infringed and include in your notice details such as: a description of the copyrighted work that you claim has been infringed upon; a description of where the material that you claim is infringing is located on the Site/App, including a link or screenshot of the webpage containing the infringing material (if applicable); your address, telephone number and e-mail address; a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law signature of the person authorized to act on behalf of the owner of the copyright interest; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and any additional information as shall be required by CarBlip
12. User Content
- Standards. You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your User Content. Furthermore, you represent and warrant that your User Content:
- will be, in the context of reviews and ratings, based upon an actual shopping experience with the relevant retailer or third party, accurate (where facts are stated), reflect opinions genuinely held by you, and comply with all applicable laws;
- will be truthful, non-misleading and non-deceptive;
- will not contain any material which is tortious (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory;
- will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;
- will not be threatening, abuse or invade another’s privacy, or provided with an intent to harass, upset or embarrass any other person;
- will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else; or
- will not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.).
- Grant of Rights. We do not claim ownership to your User Content. However, by submitting User Content, you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, reproduce, distribute, create derivative works based upon (e.g., translations, etc.), publicly display/perform, transmit and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate in connection with our business and operations. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
- By submitting User Content, you also grant us the right, but not the obligation, to use your biographical or other information about you including, without limitation, all or some of your name, alias, nickname and geographical location in connection with broadcast, print, online, or other use or publication of your User Content consistent with the license granted in the previous paragraph. Without limiting the rights granted in the foregoing paragraphs, and for avoidance of doubt, we reserve the right to display advertisements in connection with your User Content, to use your User Content for advertising and promotional purposes, and provide third-parties your User Content. You acknowledge and agree that your User Content may be included on the webSite/Apps and advertising networks of our distribution partners and third-party service providers (including their downstream users).
- CarBlip is wholly owned and operated by Blip Technologies, Incorporated, a Delaware Corporation.