Terms of Service
Effective Date: August 28, 2018
By accessing or using our website, Application, any of its pages and/or any of the Services referenced herein, you accept and agree to be bound by the Terms of Service set forth below.
1. DEFINED TERMS
“Application” mean Software provided as part of Le Car’s Services, through which our Users may gain access to other Services or information created or provided by Le Car.
“Content” means all information and images available on our Application or website. All Content is protected by copyright and other intellectual property laws. The Content is owned by Le Car and its Affiliates.
“Le Car,” “we,” “us,” or “our” means Le Car, L.L.C. a Michigan limited liability company.
“Services” means our Application, including any questions, editorial Content, vehicle recommendation or any other feature provided by Le Car.
“Software” means all Software programming, including without limitation all HTML and other code contained in our Application or website. All Software is owned by Le Car and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
“Terms of Service” means this document.
“User” or “Users” means you and any other person making use of our Services
2. ACCEPTANCE OF TERMS
Le Car provides Users with an automotive information platform, as well as related Services that can be accessed from or through our Application. Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including our Application, you accept and agree to be bound by these Terms of Service and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this Application or the Services.
Your use of certain materials and features of this Application and/or the Services may be subject to additional terms and conditions that are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.
This Application is controlled and operated by Le Car from its offices within the United States. Le Car makes no representation that information or materials available on this Application are appropriate or available for use in other locations, and access to this Application from territories where its Contents are illegal is prohibited. Those who choose to access this Application from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
3. USER CONDUCT
You are authorized by Le Car to access and use the Services, including the Content on our Application, solely for personal, non-commercial use, provided that you are at least 16 years of age. Any use of data gathering, data mining, data extraction or other similar tools or processes in connection with this Application or any attempt to reproduce or circumvent the navigational structure of this application or its Content is strictly prohibited. The Content displayed on this Application may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Le Car’s express prior written consent. You agree not to use the Services, including this Application, for any unlawful purpose.
Access certain features in this Application may require registration. It is the Users responsibility to maintain the confidentiality of their password and account. Users are solely responsible for all activities that occur under their password or account. It is the users responsibility to inform the public are in writing of any unauthorized use of password, account information, or other breach of security. Le Car is not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by Le Car), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Le Car for use in accessing the Services.
4. REGISTRATION WITH LE CAR
Users agree not to register on behalf of another person or to impersonate any person or entity. You agree not to use a false email address. You also agree not to choose a Username or a screen name for the purposes of deceiving or misleading our employees as to your true identity (for example by impersonating any other real or fictitious person or entity), or that (i) suggests that you are a representative of an entity when you are not or (ii) includes any profanity or is offensive.
6. VIOLATIONS OF THESE TERMS OF SERVICE
Any User who violates these Terms of Service may be banned permanently from using some or all of the Services. If your registration is terminated or deactivated by us, you agree not to re-register and you acknowledge that your profile may be deleted and/or your Username may be given to another User without notice to you.
You agree that Le Car shall not be liable to you for any modification, suspension or discontinuance of the Services (or any part thereof).
Le Car reserves and retains all rights and remedies provided by law or equity to redress any violation of these Terms of Service. You understand that we may exercise this right in our sole discretion.
Users agree that they will be responsible for any damages resulting from any violation of these Terms of Service. You further agree to indemnify and hold this Le Car, and its affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms of Service, or any breach of any representation made by you in these Terms of Service, or any violation of any law or the rights of any third party (including any right of publicity, right of privacy, intellectual property right, or any other proprietary right) that occurs in connection with your use of the Le Car Application or Services.
All information provided on this Application is for informational purposes only. Information displayed through the Services related to any vehicle, is based on available data relevant to the make and model of the vehicle and does not reflect a dealer's price for any actual vehicle. Le Car does not guarantee, nor control the accuracy of information provided on this Application, nor the availability, quality, or safety of vehicles and assumes no responsibility for this information.
You agree that any reliance on the information on this Application is at your own risk.
Any discrepancies or mistakes are not the responsibility of Le Car and should be directed to dealers or third party vendors. Further, Le Car does not guarantee, nor control any interaction a User may have with any dealer or other third-party. Any issues or discrepancies in a User’s interaction with dealers or other third-parties must be addressed with that entity and not Le Car.
Le Car invites Users to bring any material on our Application that you believe to be inaccurate to our attention; please forward a copy of such material and your reasons for your belief to email@example.com.
By using the Services, you acknowledge and agree that Le Car has no responsibility for the inventory of any dealer, the availability of any specific vehicle, nor the User’s interaction with the employees of any third-party. Users must contact dealers to confirm vehicle availability, including available options and colors, from actual inventory. Each dealer sets and controls its own pricing. You negotiate the purchase price directly with the dealer, and Le Car has no part in such negotiations nor bears any liability for the outcomes thereof.
To be clear, Le Car is solely a research and communications platform. Le Car is not a dealer, vehicle seller, broker or agent for vehicle sellers or dealers. Le Car may receive a fee from the participating dealers or third-party service providers in connection with the Services.
9. COPYRIGHTS AND COPYRIGHT AGENTS
It is the policy of Le Car to promptly respond to claims of intellectual property infringement. Le Car will investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this Site:
Contact Information for Agent
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed upon;
Identification of the material that to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10 . TRADEMARKS
You acknowledge that the Content includes certain trademarks and service marks owned by Le Car, Affiliates, and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The "Le Car" name and logo are trademarks of Le Car, LLC. Other product and company names herein may be trademarks of their respective owners.
11. ELECTRONIC COMMUNICATIONS
When you use the Le Car Application or send emails to us, you are communicating with us electronically. Thereby, you consent to receive communications from us electronically. We may communicate with you by email or directly thought the Le Car Application. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or that you provide to us electronically satisfy any legal requirement that such communications be in writing.
You also agree that we may send you certain communications in connection with your use of the Services, such as announcements and administrative messages, and that you will not be able to opt out of receiving those communications, and that we additionally may send you copies of any periodic newsletters or similar informative communications we send to Users who have registered with us. You may opt out of receiving newsletters or informative communications at any time.
12. CHOICE OF LAW
The relationship between you and Le Car is governed by the laws of the State of Michigan without regard to its conflict/choice of law provisions.
13. DISCLAIMER OF WARRANTIES
LE CAR, ITS AFFILIATES AND ANY THIRD-PARTY CONNECTED TO LE CAR MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE SITE, THE APPLICATION, THE SOFTWARE, THE CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. ALL SERVICES, INCLUDING INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS APPLICATION OR ANY THIRD-PARTY, PRODUCT, OR SERVICE LINKED TO OR FROM THIS APPLICATION, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT. IN ADDITION, LE CAR DOES NOT WARRANT VEHICLES IN ANY MANNER AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO RESULT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LE CAR OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
14. LIMITATION OF LIABILITY; WAIVER
IN NO EVENT SHALL LE CAR NOR ANY COMPANY AFFILIATED WITH LE CAR, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INABILITY TO USE SERVICES, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS APPLICATION OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMIT, ANY INFORMATION AND CONTENT OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE USE OF OUR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS APPLICATION IS TO STOP USING THE SERVICE AND/OR APPLICATION.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST LE CAR ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS APPLICATION (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
To the extent that a jurisdiction does not allow the exclusion of certain implied warranties, or the limitation or exclusion of liability for incidental or consequential damages, some of the above exclusions and limitations may not apply to you.
In the event that any portion of the Terms of Service are deemed invalid, unenforceable, or for any other reason void, that portion shall be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms of Service.
15. GENERAL INFORMATION
These Terms of Service may be amended from time to time without notice in Le Car’s sole discretion. Any changes to the Terms of Service will be effective immediately upon the posting of the revised Terms of Service. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and Le Car and govern your use of the Services, including our Application and website, and supersede any prior version of these Terms of Service between you and Le Car with respect to the Services.
You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
The failure of Le Car to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The headings in these Terms of Service are for convenience only and have no legal or contractual effect.
As used in these Terms of Service, the word “including” means “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require.
Please report any violations of the Terms of Service to firstname.lastname@example.org. Questions regarding these Terms of Service should be sent to email@example.com.