ACCESS TO THE SERVICES.Subject to the terms and conditions of this Agreement, SimplerAuto.com may offer to provide certain services, as described more fully on the Website, and which are selected by you through the process provided on the Website ("Services"), solely for your own use, and not for the use or benefit of any third party. The term "Services" shall include, without limitation, any service SimplerAuto.com performs for you and the content offered by SimplerAuto.com on the Website. SimplerAuto.com may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. SimplerAuto.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. SIMPLERAUTO.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. 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 THIS AGREEMENT AS MODIFIED.
SimplerAuto.com does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for SimplerAuto.com or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on SimplerAuto.com. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at support@SimplerAuto.com.
You represent and warrant to SimplerAuto.com that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use the Services and access the Website and take full responsibility for the selection and use of the Services and access of the Website. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Website and Services are offered by SimplerAuto.com from its facilities in the United States of America. SimplerAuto.com makes no representations that the Website or Services are appropriate or available for use in other locations. Users, who access or use the Website or Services from other jurisdictions, do so at their own volition and are responsible for compliance with local laws.
The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Website for download, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from SimplerAuto.com, or from the copyright holder identified in such Content's copyright notice. You shall not link to the Website without SimplerAuto.com’s prior written consent.
Under no circumstances will SimplerAuto.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that SimplerAuto.com does not endorse or guarantee any user blogs or other Content and you may not state or imply any such endorsement or guarantee. SimplerAuto.com shall have no obligation to monitor any user generated content, however, SimplerAuto.com and its agents reserve the right to monitor user generated content and blogs from time to time and may remove or block any content on the Website or through the Services, including disabling access to content that you have downloaded through the Services.
YOUR WARRANTY.You warrant, represent and agree that you will not contribute any Content (including, without limitation, anything in connection with your blog(s)) or otherwise use the Website or the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; (v) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code, or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of SimplerAuto.com. SimplerAuto.com reserves the right to remove any Content from the Website or Services 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 if SimplerAuto.com is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not SimplerAuto.com, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possesses all rights necessary to provide such content to SimplerAuto.com and to grant SimplerAuto.com the rights to use such information in connection with the Services and as otherwise provided herein.
PRIVATE SELLER REFUND POLICY.. As a general matter, SimplerAuto.com does not provide refunds for private listings more than 24 hours after a listing is purchased except under the following circumstances: (a) if it took longer than 48 hours for your listing to be posted to the SimplerAuto.com site OR (b) if you mistakenly purchased a duplicate listing for the same vehicle and both appear on the SimplerAuto.com site at the time of your request. In order to be eligible to receive a refund under these two circumstances, SimplerAuto.com must receive your refund request in the manner described below within 5 calendar days of your purchase of a private listing.
SimplerAuto.com further reserves the right to make refunds at any time in connection with cases of fraud, abuse, and in other limited instances. SimplerAuto.com does not provide refunds under any other circumstances. Notwithstanding anything in this policy to the contrary, SimplerAuto.com reserves the right to finally determine in its sole discretion whether the criteria for a refund set forth in this policy have been satisfied and to request any additional information relevant to such request.
All refund requests must be in writing and include your name, address, e-mail address, account ID, vehicle description, the last 4 digits of the credit card used to purchase the listing, and the reasons you are requesting a refund. Please send all refund requests through our e-mail contact form.
SimplerAuto.com is not responsible for refund requests that are not timely received in accordance with this policy for any reason, including without limitation, Web congestion, addressing mistakes, computer or Internet downtime, or requests submitted by phone, postal mail, or any other manner not expressly provided for in this policy.
NOTE: The Private Seller Refund Policy applies to online-only private listings, as defined above, purchased on the SimplerAuto.com site.
If you have any questions about this refund policy, please contact us through our e-mail contact form. SimplerAuto.com reserves the right to modify this Refund Policy at any time.
RESTRICTIONS.You are responsible for all of your activity in connection with the Services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any SimplerAuto.com user. Use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Website, or any processes that run or are activated while you are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Service infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website is strictly prohibited. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity on the Website.
WARRANTY DISCLAIMER.SimplerAuto.com has no special relationship with or fiduciary duty to you (other than contracts for advertising on the site). You acknowledge that SimplerAuto.com has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Website (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release SimplerAuto.com from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. SimplerAuto.com makes no representations concerning any content contained in or accessed through the Website, and SimplerAuto.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. SimplerAuto.com makes no representations or warranties regarding the accuracy of size, quality, colors or textures displayed anywhere on the Website, or regarding suggestions or recommendations of services or products offered or purchased through the Website (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services), or that the Website or any Content will be uninterrupted or error-free. Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from SimplerAuto.com or others unless otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REGISTRATION AND SECURITY.As a condition to using Services, you may be required to register with SimplerAuto.com and select a password and user name ("SimplerAuto.com User ID"). You shall provide SimplerAuto.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a SimplerAuto.com User ID a name of another person with the intent to impersonate that person; or (ii) use as a SimplerAuto.com User ID a name subject to any rights of a person other than you without appropriate authorization. SimplerAuto.com reserves the right to refuse registration of, or cancel a SimplerAuto.com User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
INDEMNITY.You will indemnify and hold SimplerAuto.com, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Website, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY.IN NO EVENT SHALL SIMPLERAUTO.COM OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND SIMPLERAUTO.COM’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
FEES AND PAYMENT.SimplerAuto.com reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. SimplerAuto.com reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Website. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
By using the Website, you expressly relieve SimplerAuto.com from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that SimplerAuto.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that SimplerAuto.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release SimplerAuto.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
TERMINATION.This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your membership at any time by following the instructions on the Website. SimplerAuto.com may terminate your access to the Website (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. SimplerAuto.com may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
MISCELLANEOUS.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. SimplerAuto.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SimplerAuto.com’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with SimplerAuto.com’s prior written consent. SimplerAuto.com may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Harris County, Texas, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind SimplerAuto.com in any respect whatsoever.
COPYRIGHT DISPUTE POLICY.SimplerAuto.com has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of SimplerAuto.com’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is SimplerAuto.com’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the SimplerAuto.com website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is SimplerAuto.com’s policy:
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, SimplerAuto.com may send a copy of the counter-notice to the original complaining party informing that person that SimplerAuto.com may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at SimplerAuto.com’s discretion.