AUTOTRADER CLASSICS VISITOR AGREEMENT
Last updated: March 14, 2009
Welcome to AutoTraderClassics.com, a service of AutoTrader.com, Inc. In this Visitor Agreement, the terms "we," "us," or "our" refer to AutoTrader.com, Inc. 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 us; please read it carefully. When using this site, you may be subject to other posted guidelines or rules applicable to certain services available on the site. All such guidelines and rules, and all policies and guidelines that are referenced herein, are part of this Visitor Agreement. Accessing this site in any manner, even through automated means, constitutes your use of the site and your agreement to be bound by this Visitor Agreement.
We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to our Operations Manager at firstname.lastname@example.org, along with an explanation of your objection.
The Web is an evolving medium. We may change the terms of this agreement from time to time. By continuing to use this website following our posting of such changes, you agree to be bound by this agreement, as modified. We may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.
The material that appears on AutoTraderClassics.com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing a vehicle or other goods or services you've read about on this website, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. We are not responsible for, and do not guarantee the performance of, any such vehicles, goods or services.
2. Buying and Selling Vehicles
AutoTraderClassics.com 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 us. 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 our website 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 our site will act honorably and treat each other fairly, we can't verify the information sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that the check he/she gets from the buyer isn't going to bounce. When using this website to find a buyer for your vehicle or a vehicle you can buy, we urge you to use the same common sense and good judgment you would use in selling a car through, or responding to, a classified ad in the newspaper.
Please read our fraud awareness tips before you buy or sell a car through a classified ad, whether on our site or in your local newspaper. 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 display of your listing. We may also screen some email messages sent to sellers about vehicles listed on our site. If it appears that your email message has not reached the seller of the vehicle you're inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
When you offer a vehicle for sale through our website, you must be prepared to sell that vehicle at the price at which, and the terms on which, you've listed it. You must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on AutoTraderClassics.com, 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 our website, nor may you use our website to promote, without our prior written permission, any other website, product or service. The listings we make available via our "Sell My Car" service are available only to private sellers who want to list their vehicles for sale, and are not to be used to advertise more than one vehicle per ad purchased, regardless of ad duration. For this reason, you cannot edit your vehicle's Year, Make, or Model once you've purchased your ad. Always double-check this information before submitting your ad. By using our "Sell My Car" listings service, you represent 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 three vehicles for sale simultaneously. We reserve the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses our website in a manner we consider inappropriate.
Individuals who seek to list more than three vehicles on our website simultaneously, and all dealers, must make other arrangements with us. To find out more about listing and advertising opportunities on AutoTraderClassics.com, visit our Dealer Console.
AutoTraderClassics.com offers a variety of ad packages with combinations of features. For information about the ad packages available to private sellers, click the "Sell" or "Sell My Car" tab or button on our home page.
Dealers that place ads via our site can select Basic Listings, Classic Listings, Deluxe Listings, or Premium Listings. Please visit our Dealer Console for more information.
When you list a vehicle for sale through our "Sell My Car" service, we may obtain additional distribution for your listing through our relationships with other websites. At this time, neither AutoTraderClassics.com nor any website through which we distribute your listing charges you any additional fee for this additional exposure. It's just added value from AutoTraderClassics.com.
Responsibility for the information contained in each listing lies with each seller. You alone are responsible for material you post and for the content of all email messages transmitted through our site. Nothing will undermine a user's confidence in the vehicle you're 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 users of site fairly and honorably.
Though we can't monitor every transaction that originates through a listing on our site, we may perform random quality assurance tests to confirm that those who offer vehicles for sale over our site are prepared to sell the vehicles they advertise at the prices at which, and the terms on which, they advertise them. Photos submitted as part of any ad placed through the Sell Your Car service must correspond to the actual vehicle being offering for sale. If we encounter a photo that we believe does not accurately represent the actual vehicle you are offering for sale through the Sell Your Car service, we reserve the right to immediately remove such photo(s) and/or your corresponding ad. By using our "Sell My Car" listing service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in "bait and switch" or other unfair or deceptive practices, we reserve the right to deny that seller use of our website and service.
By placing an ad through our "Sell My Car" service, you agree to pay the fees specified for the package you select, regardless of whether your vehicle sells as a result of the listing. All fees will be applied against the form of payment you provide as part of the ad selection process and you agree to pay such fees. You also agree to pay any applicable taxes relating to your use of the Sell My Car service. At our sole discretion, we reserve the right at any time to offer the Sell My Car service at a discount or to provide premiums and promotions as incentives, up to and including free Sell My Car services. In addition, should AutoTrader Classics offer Sell My Car ads at no charge on our website and/or via our call center(s), we may, at our sole discretion, offer these ads nationally, in a limited number of markets, to a limited number of advertisers, or for a limited period of time.
Take care in selecting your ad package and inputting your ad information; listing fees are generally not refundable, even if you provide erroneous information or fail to sell your vehicle.
3. Links to Other Sites and Services
For your convenience, we make available a variety of links to other websites that we don't operate where you can obtain automotive related products and services, including insurance, warranties, financing and inspection services, and where you can access and use other information, products and services that originate from third parties. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. We are not responsible for the products or services these vendors provide. If you choose to purchase an inspection through such a third-party website, remember that an inspection is not a warranty. Although inspections can be of significant value in the purchase of a pre-owned car, an inspection is not a guarantee that the inspected car 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 us and our affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.
For your convenience, we may make available links to websites operated by car dealerships that list their cars in our online classifieds. We are not responsible for any of the content that appears on these sites, including, without limitation, promotional contests and sweepstakes offers.
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.
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 site, or that may be accessible through a link from our site, and you release us and our affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.
4. Intellectual Property Rights
Our Limited License to You. AutoTraderClassics.com is made available for your personal, non-commercial use only. The materials on this site are the property of us or our licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on our site should be sent to our Business Development Manager, AutoTrader Classics, 3003 Summit Blvd., Atlanta, Georgia 30319 or to email@example.com.
Limitations on Linking and Framing. You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by us or any of our affiliates. However, without our prior written permission, you may not frame any of the content of AutoTraderClassics.com, nor incorporate into another website or other service any intellectual property of us or our licensors. Requests for permission to frame our content may be sent our Operations Manager, AutoTrader Classics, 3003 Summit Blvd., Atlanta, Georgia 30319 or to firstname.lastname@example.org.
Trademarks. AutoTrader®, AutoTrader.com®, AutoTrader Classics™, AutoTraderClassics.com™, and the AutoTrader.com and AutoTrader Classics logos, all of which are trademarks of TPI Holdings, Inc., are used by us under license from TPI Holdings, Inc. The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on this site without the prior written consent of the owner of the mark. All contents of this site are: Copyright 2008 AutoTrader.com, Inc. and/or its licensors. All rights reserved.
Your License to Us. You may post listings, ratings, reviews, comments, photos, and other messages and content to our site 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 us or third parties. By submitting any content to our site, you are permanently granting us and our affiliates, successors and licensees all rights to the material, including a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, distribute, display, market and promote such content throughout the world in any media without compensation to you, and to maintain the material in an archive. You further grant to us and our affiliates and successors the perpetual right to use your name, image and likeness in connection with such content, if we or they so choose, without compensation to you.
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 Copyright, Dow Lohnes PLLC, 1200 New Hampshire Avenue NW, Washington, DC 20036, Attn: Jon Hart.
5. Responsibility for Your Listings and Submissions
Our site permits users to submit vehicle listings for viewing by other users, and also may include a variety of features, such as discussion forums, photo- and video-sharing pages, email services and social networking features that allow feedback to us and allow users to interact with each other on the site and post content and materials for display on the site.
By submitting any content to our site, (i) you agree to abide by the terms of this Visitor Agreement and any rules or policies established by us for the area of our site in which you post your content, including our AutoTrader Classics Community Guidelines; (ii) you represent and warrant that your submission does not contain any computer viruses, worms, or other damaging computer files or code; (iii) you represent and warrant 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; and (iv) you represent that the content is accurate and that the use of the content you submit does not violate this Visitor Agreement, any applicable laws or regulations or the rights, including intellectual property rights, of any third parties and will not cause injury to any person or entity. If you submit a vehicle rating and/or review, you represent that your submission is based on your own honest opinion, finding and/or experience, that you are not employed by the manufacturer of the vehicle you are rating or writing about and that you have not received and will not receive any compensation for your submission.
You also agree that you will not submit, post or otherwise make available on our site any content or material that:
You further agree that you will not collect personal data about, or the email addresses of, other site users for commercial or unlawful purposes or for purposes of sending unsolicited commercial email, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the site (such as submitting an excessive number of postings), or that otherwise negatively affects other users' ability to use the site.
Responsibility for what is posted on discussion forums, photo- and video-sharing pages, and other areas on the site through which users can supply information or material, or sent via any email services that are made available via the site, lies with each user. You alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the site.
Although we 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 or materials 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 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 release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or Cox Auto Trader, Inc. Notwithstanding the foregoing, we take no responsibility and assumes no liability for any content posted to our website by you or other third parties.
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 OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." NEITHER WE NOR OUR AFFILIATES, AGENTS OR LICENSORS 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 THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR OUR AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO OUR WEBSITE BY YOU OR ANY OTHER THIRD PARTY.
UNDER NO CIRCUMSTANCES WILL WE OR OUR 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 US AND OUR 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. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATES, OUR SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES, AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING YOU PLACE THROUGH OUR SERVICE OR ANY CONTENT YOU POST ON OUR SITE.
To obtain access to certain services on our site, you will be given an opportunity to register with us. As part of the registration process, you will select a user name 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, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing our site through any username/password assigned to you. You agree to notify our Operations Manager at firstname.lastname@example.org of any known or suspected unauthorized use of your account.
We reserve the right to suspend and/or terminate your AutoTrader Classics user account, and/or to delete and destroy any content or other information you have posted to the site, at any time, for any or no reason, in our sole discretion.
No spamming or data scraping. We want potential buyers visiting our site to feel free to share their email addresses with those listing vehicles for sale on our site. By listing a vehicle for sale on this site, 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 using this website, you agree not to use information concerning other users of the site, or the vehicles they've listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle.
Your interactions with companies, organizations and/or individuals found on or through our site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of Georgia. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia in all disputes arising out of or relating to this Agreement or use of this website.