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CARFAST.COM USER AGREEMENT
Your use of Carfast.com's Auction-Style Listing service is governed by this user agreement. You should be sure to read the full text of any provision that might apply to you or your activities on this website.
CONTENTS:
1-5: About this Agreement
6-11: Eligibility, Registration, and Your Account
12-16: Service Fees and Taxes
17-21: Nature of Service, Limitations of Service, Responsibilities of Users
22-28: Listing and Selling
29-33: Bidding and Buying
34-35: Seller Rating System
36-46: Restricted Activities & Consequences
47-49: Fraud
50-51: Information You Provide
52-62: Legal Stuff
1-5: ABOUT THIS AGREEMENT
1. Agreement to Terms. Welcome to Carfast.com's Auction-Style Listing service ("the service"). This User Agreement sets out the terms and conditions under which you may use the service, which is provided by Carfast.com under the domain names www.Carfast.com or www.Carfast.net. By using the service, you agree to be bound by the terms of this agreement in their entirety and without change. If you do not agree with these terms, please do not access or use the service.
2. Privacy Policy, Agreement to Terms.
To register as a user of the service, you must agree to and accept all of the terms of this User Agreement and those of our Privacy Policy in their entirety. We encourage you to read and understand the information contained in these documents and any others brought to your attention by underlined links, as these contain additional terms that you agree to be bound by as a service user.
3. Changes to Agreement. These agreements will change from time to time. When we change them we will post a new version on our website.
4. Continued Use After Changes to Agreement. Your continued use of the service after any changes to the User Agreement or any or any document it incorporates by reference shall constitute your acceptance of such changes. If you do not agree to any changes to the User Agreement or any document it incorporates by reference, please do not access or use the service.
5. Date of Commencement. This agreement comes into force and is binding on all users from July 1st 2003.
6-11: Eligibility, Registration, and Your Account
6. Eligibility. We are pleased to make the service available to individuals who are able to enter into binding contracts according to applicable law. Users must be legal residents of the United States. Minors (that is, persons under the age of 18 (21 in some states)) are not permitted to use Carfast.com's Auction-Style Listing service; nor can they use our service through a user account operated by an adult.
7. Restrictions on Commercial Users. If you are an automobile dealer, you may not use Carfast.com's Auction-Style Listing service as if you were a private seller to conduct trade on behalf of a business.
8. Registration Requirements. It is always free to become a registered user of our Auction-Style Listing service. To register, you must provide your real name, address, phone number, and email address. Providing false contact information is cause for termination of your user account.
9. Your User Name and Password. When you become a registered user, you choose a User Name and Password. These are unique to you and may not be transferred, sold or assigned to anyone else or any other entity.
10. Password Security. You are solely responsible for maintaining the security of your Password. You may not disclose your password to anyone else and you are solely responsible for the use of, and actions taken on the site under your User Name and Password. You agree to change your Password immediately if your Password is compromised.
11. Closure of Inactive Accounts. We may terminate and close your account if you do not use our services at least once during a reasonable period of time (which will be determined by us, at our sole discretion).
12-16: Service Fees and Taxes
12. No Fees for Bidders. Bidding for vehicles listed on Carfast.com's Auction-Style Listing service is always free. You must, of course, be a registered user. Registration is also free (see section 8, above).
13. Seller's Fees. Only sellers are required to pay fees for our services. While our fees may change from time to time, you will (if you are a seller) always be given an opportunity to review and accept or reject the fee that we will charge you for listing your vehicle on our site. Please check the fees and terms each time you post a Listing. All fees are shown in US Dollars. We reserve the right to change our service offerings and fees at any time without prior notice. If we introduce a new service, we will state the fee for that service at the time of its launch.
Taxes due on Seller's Listing Fees. Sellers are responsible for paying all fees associated with using our service including any applicable taxes.
14. Collection of Taxes on Transactions. Carfast.com's Auction-Style Listings service is a venue where buyers and sellers can interact (see Section 17, below). We are not, therefore, responsible for the collection and remittance of any federal, state or local taxes. You acknowledge and agree that you are responsible for any and all tax-related issues that may arise out of your use of the service.
16. Refund of Fees. Please note that, except where otherwise expressly stated, all fees are non-refundable. The Auction-Style Listing service on Carfast.com offers great value through its free listing until a bid is offered, unless the bidder decides to remove the listing prior to the 7 day listing period has expired. In addition the bidder does pay anything to use this listing service, unless a bid is placed and then re-tracked. Carfast.com therefore cannot generally offer refunds on listing fees.
Carfast.com cannot provide a refund if you change your mind about the Listing, or its content, or if you have made mistakes in submitting the Listing, after a bid is received. We also cannot provide a refund if Carfast.com has made mistakes in the content of the Listing. In any case where Carfast.com has made such mistakes, we will of course make appropriate corrections to the Listing.
If you make mistakes in submitting a Listing directly with Carfast.com, we will make corrections to the Listing if no bids have been made on the listed vehicle. There will be no charges for these corrections. Once any bid is made on the vehicle, we cannot change the Listing. However, you can append additional information to your Listing.
17-21: Nature of Service, Limitations of Service, Responsibilities of Users
17. Our Service is a Venue, Not an Auction. Carfast.com's Auction-Style Listing service is based on an Auction-Style model. You acknowledge, however, that our role in the process is not that of an "auctioneer" in the traditional sense. Instead, our service provides a venue where buyers can offer vehicles for sale in both fixed price ("Get It Now") and Auction-Style (bidding) formats. Carfast.com's Auction-Style Listing service provides a mechanism by which buyers and sellers communicate with each other to ultimately set mutually agreeable prices for vehicle sales.
18. Auction-Style Listing service is Not a Party to the Transaction. You acknowledge that the service has no role or responsibility in the actual transaction between buyer and seller. We have no information or control about, or over any part of, the quality, fitness for purpose, condition, safety or legality of vehicles that are advertised on our site. Nor can we assert that Listings are true, accurate, fair or truly representative of the vehicles for sale, or that sellers have clear and proper title to the vehicles they are selling. We do not screen, control or have authority over users. In addition, we cannot guarantee that a buyer or a seller will actually complete a transaction once bidding is complete. Buyers and sellers therefore use our services at their own risk.
19. Verifying Users' Identity. It is not possible for us to confirm every user's purported identity or contact information. We therefore offer a user-based Buyer-Seller Ratings system to help you judge other users you may buy from or sell to (see section 34).
(We may choose to NOT have a seller/buyer rating system since this is designed from private party sellers/ buyers.)
20. Auction-Style Listing service Does Not Control Information. While we make random checks on information that is entered into our system by users, please understand that we cannot screen all of it. It is possible therefore that you may find some information to be offensive, harmful, inaccurate, or deceptive. We ask that you bring any such information you find to the attention of our Security Department, which will investigate. Remember: since it is possible that some users may act under false pretences, you should always use common sense and practice cautious trading for your own safety when using our site.
21. Responsibility for Bargaining, Disputes. Sellers and Bidders are themselves entirely totally responsible for working out the details and the sale of vehicles. They must also resolve themselves any disputes that arise between them relating to their use of the Auction-Style Listing service. Carfast.com's Auction-Style Listing service encourages all users to take care in all their dealings with other users.
22-28: Listing and Selling
22. Guidelines for Use of the Auction-Style Listing service. Sections 22 - 40 of this agreement contain guidelines for the use of the Auction-Style Listing service (the "Guidelines"). While these Guidelines are not legally binding and might not be enforced by a court, we expect users of the Auction-Style Listing service to follow them and we reserve the right to suspend or terminate the account of any user of the Auction-Style Listing service who does not comply with the Guidelines. Carfast.com cannot assure any user that any other user will complete a transaction or that any other user will comply with the Guidelines. Carfast.com is not a legal system and does not arbitrate or otherwise intercede with disputes between users resulting from a user's failure to complete a transaction or a user's failure to comply with the Guidelines.
23. Accuracy of Listings. As a seller, you must have the legal right to sell the vehicle(s) you list for sale on our website. You must accurately, explicitly and fairly describe both the vehicle and all the terms of its sale within your Listing including, but not restricted to, any and all expected fees associated with the sale. Listings may not contain any language that may confuse potential bidders or cause your Listing to be included in search results that are not strictly relevant to the vehicle offered for sale. No Listings may be for a car over 20 years old, a car without a Vehicle Identification Number or an "Exotic Car."
24. Terms of Sale. Your Listing must include information that clearly describes all terms and conditions of sale including acceptable payment methods, shipping arrangements, and so on.
25. Conditional Bids. If you as a seller choose to accept "Conditional Bids," you agree that a winning bid on your vehicle is Conditional upon the winning bidder's approval of the vehicle in an inspection after the Auction-Style Listing has ended. The winning bidder at the close of a successful Listing can either inspected the vehicle personally or arrange to have it inspected by a third party, within five (5) days after the close of sale. Once the inspection has occurred, the winning bidder should notify the seller within 24 hours whether or not the vehicle is acceptable to them. If the vehicle is acceptable to them, you are each responsible for completing the transaction. If the vehicle is unacceptable to the buyer then the seller may offer the vehicle to another bidder or re-list the vehicle.
26. Expectation for Seller to Complete Transaction. So long as at least one bid has been made at or above any Reserve Price you, as a seller, have set you are expected to accept the highest bid and complete the transaction with the buyer who placed it after the Listing has reached its end time. If you did not set a Reserve Price, you are expected to sell the vehicle to the highest bidder after the Listing has reached its end time. Sellers may cancel or end Listings early at their discretion in any and all instances. Sellers are encouraged not to cancel Listings where a bid has met their Reserve Price or where there is at least one bid and a Reserve Price was not set.
27. Expectation to Complete "Get It Now" Transactions. You may, in the course of setting up an Auction-Style Listing, set a price (the "Get It Now" price) at which you are willing to end the Auction-Style Listing and sell immediately. If a buyer accepts your "Get It Now" price, you are expected to accept this price as if it were the highest bid and complete the transaction with the buyer who accepted it. Acceptance of this bid closes the Listing.
28. Withdrawal of Agreement to Sell. You should not retract an agreement to sell following the bidding process. (The Seller will always have to pay the listing fee as soon as a bid is placed, regardless of the outcome of the listing). In addition, the buyer will be assessed a fee of $5 if the following situations: (NEEDS MORE)
a. If the buyer fails to comply with the terms of your Listing (for example, fails to transact within a reasonable time which you as a seller have specified in your Listing).
b. If you cannot verify the buyer's identity or establish contact with the buyer within a reasonable time after the end of listing.
c. If the buyer asks you to allow him to retract his winning bid, and you agree to do so.
29-33: Bidding and Buying
29. Expectation for Buyer to Complete Transaction. If you bid on and win a listed vehicle, or make a "Get It Now" transaction, we expect that you will complete the purchase in accordance with the Guidelines and on the terms specified by the seller in their Auction-Style Listing. As mentioned in Section 22, Carfast.com cannot assure any user that any other user will complete a transaction or that any other user will comply with the Guidelines. Carfast.com is not a legal system and does not arbitrate or otherwise intercede with disputes between users resulting from a user's failure to complete a transaction or a user's failure to comply with the Guidelines.
30. Bidding indicates agreement to conditions of sale. Whenever you bid, you are agreeing to honor the conditions of sale stated within the seller's Listing so long as those conditions do not violate this agreement or any applicable law.
31. Conditional Bids. When a seller chooses to accept "Conditional Bids," any winning bid is conditional upon an inspection of the car by the winning bidder or their agent. If the car is found, on inspection, to have been inaccurately described in the Listing, the winning bidder is entitled to retract their bid and reject the car without penalty. The winning bidder at the close of a successful Listing can either inspected the vehicle personally or arrange to have it inspected by a third party, within five (5) days after the close of sale. Once the inspection has occurred, the winning bidder should advise the seller whether or not the vehicle is acceptable (i.e. whether or not it was accurately described in the Listing) within 24 hours. If the winning bidder finds the vehicle to have been accurately described, both parties are responsible for completing the transaction. If the vehicle has not been accurately described then the parties may, if they wish, negotiate a mutually acceptable agreement for the sale that takes account of the inaccuracies. Alternatively, the seller may sell the vehicle to another bidder, re-list the car or otherwise dispose of it as they choose.
32. Buyer Expected to Complete Transaction. As a buyer, you are expected to complete a transaction with a seller where:
a. You have used the "Get It Now" feature to commit to purchase a vehicle.
b. You are the winning bidder and your bid meets or exceeds the Reserve Price.
These terms are subject to the rules of Conditional Bids (see section 31) where the seller has specified willingness to accept Conditional Bids for their Auction-Style Listing.
33. Retraction of Bids. You may not, in general, retract a bid. However, a bid is not expected to be honored:
a. If the seller materially changes the vehicle after the Listing has closed, so that it no longer fits the advertised description.
b. If you cannot verify the seller's identity or the seller cannot demonstrate that he or she has rightful title to sell the car to you.
c. If a typographical error materially affects the description of the car for sale, so as to create unfairness.
d. If you ask the seller to cancel your bid, and they agree.
Under any other circumstance, canceling a bid will cost you $5.
Sections 34-35: Seller Rating System
(As described above in section 19, We may choose to NOT have a seller/buyer rating system since this is designed from private party sellers/ buyers. We may have a seller rating system in case a seller attempts to sell a car more than once though!)
34. Seller Rating System: Our Seller Rating System exists to facilitate trading and inform users' judgment about Dealer sellers based on ratings, review, and comments. There is no seller rating system for private sellers. No user shall initiate any action that undermines the integrity of the system. A Dealer seller's account may be, at our sole discretion, suspended or terminated for negative rating from other users. In addition, a bidder's account may be, at our sole discretion, suspended or terminated if they persistently post unwarranted negative rating about Dealer sellers.
35. Restrictions on Use of Rating System: No user may post a rating about another party to a transaction that is harassing, vulgar, profane, invasive of an individual's privacy or used for any purpose other than commenting on the other party's dealings within the transaction and the transaction itself.
36-46: Restricted Activities & Consequences
36. Manipulation. No user shall alter, or attempt to alter, the price of any vehicle; nor shall any user interfere with, or attempt to interfere with, any other user's Listings, transactions, records or user rating records.
37. Manipulative Bidding Practices. No user, or any other party acting on their behalf, may engage in manipulative bidding practices. This includes, but is not restricted to, 'shill bidding' (i.e., where a seller bids on their own sales to bid the price up or, alternatively, bids high on their own sales with the intention of outbidding others, to prevent the vehicle being sold to the legitimate winner at that bidder's price).
38. Bidding on Multiple Vehicles. No user shall bid concurrently on more than one vehicle unless they intend to purchase more than one vehicle, whether identical or not.
39. Accuracy of Information. No user shall supply or cause to be supplied false, inaccurate or misleading information.
40. Fraud. No user shall engage in fraudulent activities on the site; or list, sell, or attempt to do likewise, any counterfeit, stolen or illegal items.
41. Compliance with Law. No user shall engage in any activity that violates any applicable local, state, national or international law.
42. Undesirable Content. No user shall post any information or material to the site that is defamatory, trade libelous, unlawfully threatening, unlawfully harassing, invasive of an
individual's privacy, offensive or obscene.
43. Programs Within Uploaded Content. No user shall upload, post, email, transmit or otherwise make available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment.
44. No Activities That Create Liability for Carfast.com. You agree that you will not use the Auction-Style Listing service in any manner that may cause liability for, or that may cause service providers (including, but not limited to, Internet service providers) to cease providing services to, Carfast.com, its parent, subsidiaries or the officers, directors, employees or agents of any of these.
45. Interference with Networks. No user shall interfere with or disrupt any servers or networks used to provide the Auction-Style Listing service, or disobey any requirements, procedures, policies or regulations of the networks that we use to provide the Auction-Style Listing service, including, but not limited to, using robots or any other devices to monitor our site or copy information from our site.
46. Consequences of Breach of User Agreement. We take all breaches of this user agreement very seriously. If you breach this user agreement or if we are unable to verify any information that you provide, we may, without limiting any other remedies that may be available to us, issue a warning to you and/or temporarily or permanently suspend our services to you.
Sections 47-49: Fraud
47. Fraud and Attempted Fraud. Please bring instances of suspected fraud of which you become aware to the attention of our Security Department.
48. Cooperation with Authorities in the Event of Suspected Fraud. Fraud is a criminal offense, and Carfast.com's Security Department is committed to inform and assist law enforcement agencies in all investigations of fraud. We reserve the right, as permitted by law, to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, agencies or other third parties.
49. Termination of Service. Notwithstanding legal and other sanctions, we may suspend or close your user account if we, at our sole discretion, suspect for any reason that you have engaged, or attempted to engage in, fraudulent activity on our website. Further, we reserve the right to suspend or close, at our sole discretion, any user account without providing a reason.
Sections 50-51: Information You Provide
50. Information You Provide. Users are asked to provide us certain information during the registration, listing, bidding and rating processes. You agree that responsibility for this information is solely yours, and agree that the service forms a channel through which that information is distributed and published on the Internet.
51. License. In order to allow us to use information you provide us with, without violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) you have in information you supply, whether in any media currently known or not known. We will, of course, only use information you provide us with in accordance with our Privacy Policy.
Sections 52-62: Legal Stuff
52. Copyright. No user shall copy, reproduce, alter, modify, create derivative works, or publicly display any content (with the exception of any information which was originally supplied by the user) without our prior written permission.
53. Release. Because Carfast.com is not a party to any transactions conducted through the Auction-Style Listing service, you hereby agree to release Carfast, its parent company, affiliated companies and the officers, directors, employees and agents of each of these from any and all claims, judgments, demands and liabilities of any type, whether known or unknown, relating to your use of the Auction-Style Listing service.
54. No Warranties. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
55. Limits on Our Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.
56. Indemnity. You agree to indemnify and hold us, our parent and our affiliates, agents and licensors, harmless from any claim that may arise from your use of the Auction-Style Listing service or any other service available through this website.
57. No Agency. Nothing in this Agreement shall be construed to create a partnership, joint venture, or any other agency between you and Carfast.com, and neither party to this agreement will hold itself out to be vested with any power or right to bind the other party contractually or to act on behalf of the other party as a broker, agent or otherwise.
58. Notices. Any notices sent to Carfast.com under this agreement should be sent by prepaid first class mail or by commercial overnight courier to the following address: Carfast.com, Attn: Legal Department, 1391 Woodside Road Suite 205, CA 94061. Any notices sent by Carfast.com to you will be sent to the email address that you provide during the registration process to use the Auction-Style Listing service. Notice will be deemed effective upon receipt.
59. Severability. If any provision of this Agreement shall be deemed to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
60. Outages. It is possible that our Auction-Style Listing service may experience outages of short duration due to reasons beyond our control. You agree that Carfast.com's Auction-Style Listing service cannot accept responsibility for the effects of outages, however caused, including, but not limited to, events beyond our control and scheduled downtime for maintenance purposes.
61. Additional Terms. Our Privacy Policy is incorporated into this Agreement by reference and provides additional terms and conditions. We encourage you to read and understand it.
62. Miscellaneous. The Auction-Style Listing service is provided by Carfast.com, located at 1391 Woodside Road Suite 205, CA 94061. Any comments or complaints about this service may be directed to Carfast.com's Customer Support. This agreement is governed by the laws of the State of California without reference to California's choice of law rules. By using the Auction-Style Listing service, you consent to the exclusive jurisdiction of the state and federal courts in San Francisco, California in all disputes arising out of or relating to this agreement or this website. You may not assign this agreement without Carfast.com's prior written consent. No term or condition of this Agreement will be deemed waived, and no breach will be deemed excused, unless such waiver or excuse is in writing, is expressly titled waiver of rights, and is executed by the party against whom such waiver or excuse is claimed. Section headings in this agreement are for convenience only and shall not be used to interpret or construe its provisions. Sections 53-56 will survive the expiration or termination of this Agreement.
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