Effective Date: April 1, 2013
Welcome to AutoTrader Classics, a service of AutoTrader.com, Inc. In this Visitor Agreement, the terms "we," "us," and "our" refer to AutoTrader Classics and the terms "you" and "your" refer to you as a user of this website.
1. General Provisions
By using this website, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and AutoTrader Classics; please read it carefully. When using this website, you may be subject to other posted guidelines or rules applicable to certain services available on the website. All such guidelines and rules, and all policies and guidelines that are referenced herein, are part of this Visitor Agreement. Unless explicitly stated otherwise, any features or services added to this website are also subject to this Visitor Agreement. Accessing this website in any manner, even through automated means, constitutes your use of the website and your agreement to be bound by this Visitor Agreement and by our Privacy Statement.
We respect your privacy. Please take a moment to review our Privacy Statement.
AutoTrader Classics may change the terms of this Visitor Agreement from time to time and will revise the effective date when it does so. Your continued use of this website after the posted effective date constitutes your agreement to be bound by this Visitor Agreement as modified, provided, however, that modifications do not apply to any dispute arising prior to their effective date. AutoTrader Classics may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.
The material that appears on the AutoTrader Classics website is for informational purposes only. It may include errors or omissions, and it may include material collected from and provided by third parties that we have not verified or reviewed. We make no guarantees regarding the accuracy or reliability of any of the material on this website, and you should not rely on it without independent verification. We invite you to bring to our attention any material on our website that you believe to be inaccurate. Please forward a copy of the material to our Operations Manager, along with an explanation of your objection.
2. Buying and Selling Vehicles
AutoTrader Classics is a vehicle listing and information service that brings together buyers and sellers. Information about a particular vehicle is supplied by the seller, not by AutoTrader Classics. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on AutoTrader Classics often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Though we hope that all who come to AutoTrader Classics will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that payment he or she receives from the buyer is legitimate. When using this website to find a buyer for your vehicle or a vehicle to purchase, we urge you to use the same common sense and good judgment you would use in selling a vehicle through, or responding to, a classified ad in the newspaper.
Please read our fraud awareness tips before you buy or sell a vehicle through our website, whether on AutoTrader Classics or anywhere else. There is no substitute for healthy skepticism and your own good judgment.
In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing. We may also screen some email messages sent through the website to sellers about vehicles listed on AutoTrader Classics. If it appears that your email message has not reached the seller of the vehicle you are inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
By using our website to sell your vehicle as a private seller, you represent that you are at least 18 years of age, that you are not a motor vehicle dealer, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and that neither you, nor anyone acting on your behalf will list more than five vehicles for sale simultaneously. A private seller who wishes to list more than five vehicles simultaneously, and any commercial dealer wishing to list any vehicle, must make arrangements with us before doing so. Please visit www.classicsdrivesresults.com for information.
In order for you to offer a vehicle for sale as a private seller through AutoTrader Classics, you must agree to the Terms of Sale for the Sell Your Car service, which will be presented to you at the time you purchase your ad. The Terms of Sale require, among other things, that you be prepared to sell that vehicle at the price at which, and the terms on which, you have listed it. You must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on AutoTrader Classics, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any vehicle listed for sale on AutoTrader Classics, nor may you use our website to promote, without our prior written permission, any other website, product or service.
AutoTrader Classics offers a variety of ad packages to private sellers, with combinations of features that may vary. For information about the ad packages available to private sellers, click the "Sell Your Car" tab or button on our website. For information on our ad packages available to dealers (and private sellers wishing to list five or more vehicles), please visit www.classicsdrivesresults.com.
When you list a vehicle for sale through our website, we may obtain additional distribution for your listing through our relationships with other websites. We may also promote your listing on or through third-party websites or services. Neither AutoTrader Classics nor any website through which we distribute or promote your listing will charge you any additional fee for this additional exposure. It is simply added value from AutoTrader Classics. Further, none of our distribution or promotional partners will directly contact you regarding your advertising unless you expressly grant them the right to do so. If you ever receive a call or email from a third party company offering add-on advertising services, they have likely misused AutoTrader Classics website and violated our Visitor Agreement to exploit your listing information. Additionally, they may be in violation of federal telemarketing law and other law, and they may not even be a legitimate company. If they claim that they are an AutoTrader Classics partner, that is false advertising.
Responsibility for the information contained in each listing lies with each seller. You alone are responsible for material you post, including listing information and photos of your vehicle, and for the content of all email messages you transmit through AutoTrader Classics. Nothing will undermine a user's confidence in the vehicle you are looking to sell faster than inaccurate statements or misleading representations about the vehicle. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat other AutoTrader Classics users fairly and honorably.
Though we cannot monitor every transaction that originates through a listing on AutoTrader Classics, we may perform quality assurance tests to confirm that those who offer vehicles for sale over AutoTrader Classics are prepared to sell those vehicles at the prices and on the terms offered. By using our website, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller may be violating the terms of our Visitor Agreement, AutoTrader Classics reserves the right to deny that seller use of our website.
Listings are not to be used to advertise more than one vehicle, regardless of a listing's duration. For this reason, you cannot edit your vehicle's year, make, model or VIN once you have purchased a listing. Always double-check this information before purchasing a listing. Listing fees are generally not refundable, so if you enter incorrect information in the year, make, model or VIN fields, you will have to delete the listing and purchase a new one to create an accurate listing. By using AutoTrader Classics to sell your vehicle, you agree to pay the price of the package you select and the prices of any advertising upgrades, regardless of whether your vehicle sells as a result of the listing. You also agree to pay any applicable taxes relating to your use of the Sell Your Car service.
3. Third-Party Services
For your convenience, we make available a variety of links to other websites that we do not operate where you can obtain automotive related products and services, including insurance, warranties, financing and inspection services. Although we encourage you to consult such websites, we are not responsible for the prices, terms, quality, reliability or performance of the products or services provided by these vendors. Your correspondence or business dealings with, or participation in promotions of, vendors or other third parties found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred as the result of such dealings or the presence of such third parties on our website.
You may choose to purchase an inspection through such a third-party website for a vehicle that you are interested in buying. Remember that an inspection is not a warranty, however. Although inspections can be of significant value in the purchase of a pre-owned vehicle, an inspection is not a guarantee that the inspected vehicle is free from defects or that the inspectors have identified all existing defects. Before you purchase inspection services, you should confirm with the inspector the location at which the inspection will be conducted, the scope and price of the inspection, and any other information you consider important to your decision. You are responsible for coordinating and arranging for the inspection. You release AutoTrader Classics, AutoTrader.com, Inc., and their affiliates from any damages that you may incur, and agree not to assert any claims against any of them, arising from your purchase or use of third-party supplied products and services.
For your convenience, we make available links to websites operated by dealers that list their vehicles on our website. Although we or our affiliates may power some of these dealer websites, we are not responsible for any of the content that appears on these websites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our website, or that may be accessible through a link from our website, and you release AutoTrader Classics, AutoTrader.com, Inc., and all of our affiliates from any damages that you may incur, and agree not to assert any claims against any of them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.
We may allow you to access third-party tools on our site for sharing videos, photos and other content. Your use of any such tools is subject to the terms of this Visitor Agreement and the policies of the applicable third-party providers of such tools.
4. Ownership and Permissions
Except for certain listing opportunities available to dealers through classicsdrivesresults.com, AutoTrader Classics is made available for personal, non-commercial use only. The materials on this website are the property of AutoTrader Classics, AutoTrader.com, Inc. and their respective licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Visitor Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this website. You may display and occasionally print a single copy of any page on the website for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this website without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on this website, in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on AutoTrader Classics should be sent to our Operations Manager, AutoTrader Classics, 3003 Summit Blvd, Atlanta, Georgia 30319 or to Customer Service.
You are free to establish a hypertext link to this website so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by AutoTrader Classics or any of its affiliates. However, without the prior written permission of AutoTrader Classics, you may not frame any of the content of AutoTrader Classics, nor incorporate into another website or other service any intellectual property of AutoTrader Classics or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in this Visitor Agreement should be sent to our Operations Manager, either by email or to the mailing address above.
AutoTrader®, AutoTrader.com®, AutoTrader Classics™, AutoTraderClassics.com™, and the AutoTrader.com and AutoTrader Classics logos are all trademarks owned by us or our affiliates or licensors. The names of other products and services referred to on the website may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on AutoTrader Classics without the prior written consent of the owner of the mark. All contents of this website are: Copyright 1997-2013 AutoTrader.com, Inc. and/or its licensors. All rights reserved.
You may post listings, ratings, reviews, comments and other content to AutoTrader Classics, so long as the content is not false, misleading, illegal, obscene, threatening, defamatory, invasive of privacy rights, infringing of copyright, trademark or other intellectual property rights, or otherwise injurious to AutoTrader Classics or third parties. By submitting any content to our site, you agree to abide by the terms of this Visitor Agreement and any rules or policies established by us for the area of our website in which you post your content, including our AutoTrader Classics Community Guidelines and Terms of Sale for private sellers.
By submitting listings, or other content to AutoTrader Classics, you represent and warrant that your submission does not contain any computer viruses, worms, or other damaging computer files or code, and that you own or otherwise control all of the rights (including any copyright, trademark, trade secret, patent or other intellectual property right) to the content that you submit. You further represent and warrant that the content is accurate, that the use of the content you submit does not violate this Visitor Agreement, any applicable laws or regulations, or the intellectual property rights of any third parties, and will not cause injury to any person or entity.
You acknowledge that by transmitting or posting any material on our through our website, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, modify, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use or distribute, at no cost whatsoever to us, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or user name. You will not receive any compensation of any kind for the use of any material you transmit or post via the website. Among other uses of user materials, AutoTrader Classics uses listings data to derive other useful information (such as vehicle valuation information) for display, sale and distribution.
Although AutoTrader Classics cannot monitor all the listings and content posted to our website, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Visitor Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to our website, our advertisers, the public, AutoTrader Classics, AutoTrader.com, or our affiliates. Notwithstanding the foregoing, AutoTrader Classics takes no responsibility and assumes no liability for any content posted to our website by you or by third parties.
You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to all or part of the website. Some of the reasons for such termination may include, but may not be limited to, (a) a breach or violation or suspected breach or violation of our Visitor Agreement or other incorporated agreements or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the website, (d) technical or security issues, or (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the website.
6. Disclaimer of Warranties, Limitation of Liability, and Indemnification
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." AUTOTRADER CLASSICS, AUTOTRADER.COM AND THEIR RESPECTIVE AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THIS WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUTOTRADER CLASSICS AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS WEBSITE BY YOU OR ANY THIRD PARTY.
UNDER NO CIRCUMSTANCES WILL AUTOTRADER CLASSICS OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF AUTOTRADER CLASSICS, AUTOTRADER.COM AND THEIR RESPECTIVE AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS OR ILLEGAL CONDUCT OF YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING ON, FROM, OR IN CONNECTION WITH THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
YOU AGREE TO INDEMNIFY AUTOTRADER CLASSICS AND AUTOTRADER.COM, INC., AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY BREACH OF THIS VISITOR AGREEMENT.
To obtain access to certain AutoTrader Classics services (for instance, to manage your private seller listing on our site), you may be required to register with AutoTrader Classics. As part of the registration process, you will be required to select a username and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended or discontinued. We reserve the right to disallow use of a username that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing AutoTrader Classics through any username/password assigned to you. You will notify AutoTrader Classics's Operations Manager of any known or suspected unauthorized use of your account via email.
AutoTrader Classics reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Statement.
8. Notice of Copyright Infringement
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending email to email@example.com or by sending a notice by U.S. Mail to: AutoTrader Classics, 3003 Summit Boulevard, Suite 200, Atlanta, Georgia 30319, Attn: Legal Department/Copyright. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the AutoTrader Classics website the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
We want potential buyers visiting AutoTrader Classics to feel free to share their email address with those listing vehicles for sale on our website. By listing a vehicle for sale on this website, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that vehicle. By accessing this website, you agree not to use information concerning other users of AutoTrader Classics, or the vehicles they have listed or searched for on this website (including listing information, usernames, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle.
By accessing this website, you agree that you will not use any automated mechanism (such web robots, crawlers, or spiders) to access, query or otherwise collect information or scrape data from AutoTrader Classics or any other service or website owned or operated by AutoTrader Classics. You agree not to access or attempt to access any service or website owned or operated by AutoTrader Classics under the name of, or using the password of, any other person or entity.
Please report any violations of this Visitor Agreement to our Operations Manager.