IF YOU ARE REGISTERING FOR THE WEBSITE AND SERVICES ON BEHALF OF AN ENTITY (SUCH AS A CAR DEALERSHIP) YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE REQUISITE CORPORATE POWER AND AUTHORIZATION TO ENTER INTO THIS AGREEMENT AND TO BIND THE COMPANY TO ITS TERMS.
IMPORTANT NOTE: THE WEBSITE AND SERVICES ARE CURRENTLY BEING PROVIDED AS A BETA RELEASE ONLY. AS SUCH, THE FEATURES OF THE SERVICE MAY BE LIMITED AND MAY NOT REFLECT THE FULL CAPABILITIES THAT THE SERVICE WILL HAVE ON LAUNCH. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE BEING PROVIDED “AS IS” AND “AS AVAILABLE” FOR THE PURPOSE OF PROVIDING MEET AUTO WITH FEEDBACK ON THE QUALITY AND USABILITY OF THE SERVICE. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICES.
1. The Service. The Meet Auto service provides an online platform that allows individuals seeking to purchase a new or used vehicle to browse vehicles for sale (“Purchasers”) and to connect such Purchasers with independent individuals seeking to sell a vehicle (“Independent Vendors”) and/or licensed automotive dealers in the business of selling vehicles (“Dealers”, and together with Independent Vendors, “Vendors”). Once connected, Purchasers and Vendors can arrange test drives, exchange information, and proceed with a transaction (the “Service”).
ALL TRANSACTIONS THAT OCCUR AS A RESULT OF USING THE WEBSITE AND SERVICES ARE BETWEEN VENDORS AND PURCHASERS AND NOT BETWEEN USERS AND MEET AUTO. MEET AUTO MERELY PROVIDES A PLATFORM TO CONNECT VENDORS TO PURCHASERS, AND DOES NOT CONTROL ANY USER INTERACTIONS, AND SHALL NOT BE LIABLE FOR ANY ACTUAL, CONTEMPLATED OR FAILED TRANSACTION BETWEEN USERS OR ANY OTHER USER INTERACTION OR TRANSACTION. WE STRONGLY ENCOURAGE USER TO USE COMMON SENSE, DISCRETION AND GOOD JUDGEMENT IN DECIDING WHETHER TO TRANSACT WITH ANOTHER USER OF THE SERVICES. USERS ACKNOWLEDGE AND AGREE THAT MEET AUTO DOES NOT DEAL IN VEHICLES, AND IS NOT INVOLVED IN OR RESPONSIBLE OR LIABLE FOR THE SALE OF VENDOR VEHICLES IN ANYWAY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE MARKETING AND ADVERTISING OF ANY VEHICLE BEING ADVERTISED ON THE WEBSITE, AND USER ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS, RULES AND REGULATIONS APPLICABLE TO THE PURCHASE AND SALE OF VEHICLES VIA THE WEBSITE.
3. Subscriptions. Once you have registered for an account, you must purchase a subscription. Subscriptions are available either on a month-to-month basis, or for a term, as further described in the Pricing Page of the Website. You will also be required to select your package. We offer four different packages, which will grant you a certain number licenses to post a certain number of postings at one time. The number of licenses you receive, and accordingly, the number of posts you can publish at one time, depends on the subscription package you purchase. The licenses are re-usable, which means that if you purchase five licenses, and one car sells, you can replace that posting with a posting for another car. The subscription package will also provide you with certain other benefits such as the ability to upgrade listings to “Urgent” or have listings appear as a featured posting. All subscription packages will also include certain data and analytics about your active listings.
4. General Services Features. Once you have created an account you can search for vehicles, create an ad, create a search profile, authenticate your account, and arrange test drives using the Test Drive feature of the Website, and make certain purchases through the Website. If you choose to post an ad, you will be required to provide certain information about the vehicle such the VIN number, make, model, year, condition, mileage, colour, price, transmission, features, a photo, and description, among other things. As a feature of the Services, Meet Auto will decode a vehicle’s VIN number to automatically populate certain fields of information about a vehicle.
Meet Auto does not guarantee the accuracy of any vehicle information appearing on the Website, including information that is automatically populated when a VIN number is input. Users should not rely on the information provided by the Website, and are strongly encouraged to do their own due diligence, such as an inspection of the vehicle, before purchasing a vehicle advertised on the Website.
5. Meet Auto Flag System. The Website has a digital flag system which differentiates between different Users. Basic registered Users will receive a red flag on their profile and listings. Dealers will have a blue flag displayed on their profile and listings.
DISCLAIMER: The flag coding system is for informational purposes only, to help Purchasers in the decision-making process. The flags may not be accurate and do not guarantee any particular result, including without limitation, the trustworthiness of the account holder. We strongly encourage Users to do their due diligence, and use common sense and discretion in deciding whether to contact another User and to only contact individuals who you trust. We also encourage you to choose a public location to meet other. Users with whom you transact, and to let other people know if and when you are meeting another User of the Services.
6. Payments. All fees for the Services are payable in advance by credit card, at the start of each month, or at the start of your subscription term, depending on which subscription package you have purchased. You can pay for the Services by submitting your credit card information to our merchant account payment gateway provided and hosted by Helcim. All payments will automatically be charged to your credit card at the start of the month, or if you have purchased a term subscription, at the start of the Term.
7. Cancellations and Refunds.
a. Monthly Subscriptions. If you have purchased a monthly subscription, you can cancel your subscription by providing us with at least thirty (30) days written notice prior to the end of the then current term. If you provide us notice part-way through any given term, your subscription will remain effective for the duration of the then current term, and the following term, and will thereafter expire. For example, if you provide notice on day 15 of a monthly term, your subscription will remain active for the remainder of that month, and will then renew, and you will be required to pay for another month, and will thereafter expire.
b. Term Subscriptions. Term subscriptions are payable upfront and non-cancellable.
c. Refunds. The subscription fees for the Services are non-refundable unless the Service is not functioning as described in this Agreement and we are not able to resolve the error, defect or malfunction within fourteen (14) days after receiving notice of the defect. In the event of any such malfunction, we will provide you with a pro-rated refund for any pre-paid but unapplied amounts.
8. User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Meet Auto, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Meet Auto does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Meet Auto be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
9. User Conduct Guidelines. In using the Website and Services, You hereby agree that you will:
a. Provide true, accurate and complete information and keep such information up to date;
b. Treat other Users of the Services with respect and courtesy and not do anything that is harassing, discriminatory, abusive, defamatory, hateful, threatening or otherwise harmful to third parties;
c. Act honestly, in good faith and in a manner that will not harm the reputation of Meet Auto; and
In using the Website and/or Service You shall not:
a. copy any content unless expressly permitted to do so herein;
b. upload, post, email, transmit or otherwise make available any material that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
ii. You do not have a right to make available under any law or under a contractual relationship;
iii. infringes any patent, <st1:PolicySmartTags.CWSPolicyTagAction_5 TagType="4" w:st="on">trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
iv. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
v. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
vi. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
c. impersonate any person or entity or misrepresent their affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
e. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
f. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
g. collect or store personal data about other users or viewers;
h. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Meet Auto App;
i. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
Meet Auto reserves the right, in its sole discretion to restrict, suspend or terminate your account if we discover or have a good faith reason to believe that you have violated any of the Terms of this Agreement, including the User Conduct Guidelines in Section 6, and the Restrictions set forth in this Section 7.
11. License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Meet Auto will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
12. End User License. Except for User Content, this Website, and the information and materials that it contains, are the property of Meet Auto and its licensors, and are protected from unauthorized copying and dissemination by copyright law, <st1:PolicySmartTags.CWSPolicyTagAction_5 TagType="4" w:st="on">trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Meet Auto grants you a non-transferable, non-exclusive, license to (a) use the Website for your use. Nothing in the Terms gives you a right to use the Meet Auto names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to these Terms.
13. Feedback. If You provide Meet Auto with any suggestions, comments or other feedback relating to any aspect of the Website, Meet Auto App and/or Service ("Feedback"), Meet Auto may use such Feedback in the Website or in any other Meet Auto products or services (collectively, "Meet Auto Offerings"). Accordingly, You agree that: (a) Meet Auto is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Meet Auto, (c) Meet Auto (including all of its successors and assigns and any successors and assigns of any of the Meet Auto Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Meet Auto Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Meet Auto or any of the other users of the Website in respect of the Feedback.
14. Advertising. You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Meet Auto shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
15. Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by Meet Auto. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Meet Auto of that third party, third party product or service. Meet Auto is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Meet Auto endorses or accepts any responsibility for the content or use of such websites, and You hereby release Meet Auto from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
16. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED IN BETA "AS IS" AND “AS AVAILABLE”. MEET AUTO SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. MEET AUTO DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND MEET AUTO SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. MEET AUTO WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
17. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL MEET AUTO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, MEET AUTO APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF MEET AUTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MEET AUTO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID MEET AUTO IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
19. Release. Because Meet Auto does not supervise or control interactions between Users, and because Meet Auto does not monitor User content or User Transactions, and because Meet Auto cannot guarantee the true identity, age, or nationality of Users, and because Meet Auto has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website You agree that You bear all risk and you agree to release Meet Auto (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Website, Your transactions with other Users, Your third party transactions and in connection with Meet Auto’s resolution of any disputes between Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
21. Availability & Updates. Meet Auto may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or Meet Auto App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Meet Auto may periodically add or update the information and materials on this Website without notice.
22. Security. Information sent or received over the Internet is generally unsecure and Meet Auto cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Meet Auto will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Meet Auto App or Service, please contact us at: firstname.lastname@example.org.
Effective Date: September 14, 2016.