Effective Date: April 1, 2018
1. Welcome
Thank you for your interest in this online automotive information and communications platform (the «Site»). This Site is maintained by MYEV.com. We encourage you to read the following terms governing your use of and purchase of products from the Site. By using the Site or by providing personal information to us, you agree to be bound by these Terms of Use set forth below (the «Terms»).
The Site provides users with various services, including but not limited to an online platform that enables you to (1) fill out contact forms to be placed in contact with a car dealer or seller; and (2) contact a seller through a toll free telephone number.
2. General
This Site consists of an online platform where car dealers and car sellers advertise new car inventory available for sale. By using this Site and any related services offered on this Site, you agree and understand:
That neither MYEV.com, its parents nor its subsidiaries/affiliates are a party to any agreement(s) entered into between sellers and/or dealers and buyers;
That neither MYEV.com, its parents nor its subsidiaries/affiliates are a dealership, broker, agent, administrator, financer or insurer of any new vehicles;
That the content that appears on MYEV.com is for informational purposes only and that it may, from time to time, contain errors despite our best efforts. To this extent, we make no guarantees regarding the accuracy, timeliness, completeness or reliability of any of the materials or information contained on the Site; and,
That MYEV.com does not have any control over the conduct of sellers, dealers, buyers or other users of the Site, the services offered on the Site or any representations made about any vehicle by a dealer or seller whose vehicle is posted on the Site, despite our hope all parties who use the Site act honorably and treat each other fairly.
When used in these Terms, MYEV.com shall include any parent companies, affiliates, directors, officers, and employees.
These Terms are a legally binding agreement between you and MYEV.com. Please read them carefully.
3. Modifications to these Terms
From time to time, we may change the Terms that govern your use of our Site and any related services. Your continued use of our Site following any such changes to these Terms constitutes your agreement to follow and be bound by the terms as changed. When such a modification is made, we will post a revised version of the Terms on this Site. Changes will be effective when they are posted. MYEV.com is not required to provide you with notification that any such change has been made.
4. Site Contents
Except as otherwise indicated, information on this Site is protected by copyright in the United States of America and in other countries. MYEV.com and its parents owns and/or uses with permission all worldwide right, title and interest in and to the Site and its Contents. Unless otherwise specified (see the Limited Disclaimer of Copyright below), no one has permission to copy or republish, in any form, any information found on this Site.
The posting of information or other materials to this Site does not constitute a waiver of any proprietary right in such information and materials (such as, but not limited to, copyright, service marks, trademarks, trade dress, trade names, or other intellectual property) and does not transfer any rights to a user of the Site or any other third party, except as expressly provided herein.
5. Vehicle Listings
The prices listed by sellers and dealers on MYEV.com often exclude sales tax; finance charges; title; and license, regulatory, dealer documentation, emission testing and compliance fees. Any or all of these fees may be added by a dealer or seller to the listed price prior to sale of a listed vehicle. Please contact the dealer or seller for full details and final pricing.
MYEV.com is not responsible for the condition, performance or quality of any of the vehicles, goods or services listed on the Site.
All transactions are conducted by and fulfilled through sellers and dealers that are not owned by or affiliated with MYEV.com. MYEV.com does not guarantee vehicle prices or availability.
6. Copyright, Limited Disclaimer of Copyright, Digital Millennium Copyright Act
Any authorized person may view the information and incidentally create an electronic copy of the information available from this Site for informational, non-commercial purposes only. No part of the information at this Site can be otherwise redistributed, copied, or reproduced in any form without prior written consent of MYEV.com.
In accordance with the Digital Millennium Copyright Act of 1998 (see www.copyright.gov for full text), MYEV.com will respond to claims of copyright infringement committed using the Site when such claims are reported to MYEV.com. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright and believe your or such owner«s copyright has been infringed by an improper posting or distribution via this Site, please report the infringement by sending an email to the copyright agent at info@MYEV.com .
7. User Submissions
Any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered in connection with your use of this Site (collectively, «Submissions») shall be and remain MYEV.com property. MYEV.com is not under any obligation to (1) maintain any Submissions in confidence; (2) pay to user any compensation for any Submissions; or (3) respond to any user Submissions.
You agree any Submission you make to the Site does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary right(s). In addition, if any Submission contains your or any other person«s name, likeness, voice or biographical information («Personally Identifiable Information»), you grant and will cause the other person to grant to MYEV.com a transferable, non-exclusive, worldwide, royalty-free license to use such Personal Identifiable Information for any advertising or marketing of MYEV.com"s products in any medium. You agree to indemnity and hold harmless MYEV.com against any losses, liabilities, claims and expenses (including attorneys" fees) arising from your use of this Site, your Submission and any Personally Identifiable Information contained therein.
You further agree that the Submission you submit to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and remain solely responsible for the content of any of your Submissions. Electronic transmissions to and from this Site are not confidential and may be read or intercepted by others.
8. CAN-SPAM, Telephone Consumer Protection Act and Similar Law
Your use of this Site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act and all other applicable law that addresses unsolicited commercial communications. By visiting this Site and using its features, you agree that we, our agents or third parties to whom we provide your information may call, e-mail, or otherwise communicate with you regarding the sale or lease of motor vehicles.
By visiting the Site and using the services, you give to us and/or our third party partners the right to contact you and to attempt to sell you one or more vehicles. This includes, without limitation, packaging your information and providing it, for compensation or otherwise, to persons who purchase and/or repurchase your packaged information as a sale«s lead. You grant your permission for us to do this (and to do all other things reasonably necessary to accomplish this purpose) and for one or more recipients of the information to try to sell you a vehicle. The uses of your information are not limited to sales of motor vehicles.
Please see our Privacy Policy for more details.
9. Disclaimer of Warranties
THIS INFORMATION IS PROVIDED «AS-IS» WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY ARISING OUT OF THE COURSE OF DEALING OR TRADE.
MYEV.COM MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SITE OR MATERIALS CONTAINED ON THE SITE OR THE SERVICES IT PROVIDES, INCLUDING ANY RELATED INFORMATION, TECHNICAL ASSISTANCE, REPRESENTATIONS OR GRAPHICS. MYEV.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OUR OMISSIONS IN THE CONTENT OF THE SITE OR SERVICES IT PROVIDES. MYEV.COM SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SITE.
REFERENCE TO MYEV.COM AND ITS SERVICES AND PRODUCTS ARE PROVIDED «AS IS» WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
DESCRIPTIONS OF, OR REFERENCES TO, PRODUCTS, SERVICES OR PUBLICATIONS WITHIN THE MYEV.COM SITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. MYEV.COM MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER OR PRODUCTS OFFERED ON THE SITE OR ANY RELATED SERVICE INCLUDING THE QUALITY OF ANY VEHICLE LISTING AND/OR SERVICES OFFERED. MYEV.COM SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the disclaimer of warranties or the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.
10. Typographic Errors
This Site could include technical inaccuracies or typographical errors. MYEV.com assumes no liability to any injury, whether financial or other, that arises from a technical inaccuracy or typographical error.
11. Limitations of Liability
By accessing the Site or by using any service offered by MYEV.com, you agree to release and hold harmless MYEV.com from and against any and all claims, damages, liabilities, judgments, costs and expenses arising out of participation in any activity, whether online or offline, offered by MYEV.com. Neither MYEV.com nor any other party involved in creating, producing or managing the Site and or any MYEV.com services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily or personal injury or distress arising (1) in connection with the use or inability to use this site; (2) from any communications, meetings, or interactions with MYEV.com employees or with other users of the site, including buyers, sellers, dealers and/or service providers whether based on warranty, contract, tort (including negligence), product liability or any other legal theory.
IN NO EVENT SHALL MYEV.COM"S LIABILITY TO USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY USERS TO MYEV.COM, FOR ACCESSING THE SITE OR USING ITS SERVICES. YOU SHOULD CONSULT YOUR LEGAL ADVISORS REGARDING THE APPLICABILITY OF STATE STATUTES REGARDING LIMITATIONS ON LIABILITY.
12. Indemnification by User
USER AGREES TO INDEMNIFY, DEFEND AND HOLD MYEV.COM HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY"S FEES RELATED TO (1) A USER"S VIOLATION OF THESE TERMS AND CONDITIONS OR (2) USER"S USE OF THESE SERVICES, INCLUDING BUT NOT LIMITED TO THE TECHNICAL SUPPORT AND THE INFORMATION PROVIDED AT THIS SITE OR THROUGH ANY RELATED THIRD PARTY.
13. Viruses
All responsibility or liability for any damages caused by viruses contained within the electronic files or at this Site is disclaimed.
14. Links to Other Websites
This Site may contain links to other web sites not owned or managed by MYEV.com or its affiliates. MYEV.com is not responsible for the content, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by MYEV.com. Inclusion of any such linked web site does not imply approval or endorsement of the linked web site by MYEV.com.
15. Governing Law
These Terms will be governed by and construed in accordance with the laws of the United States of America and the State of Florida without regard to conflict of law principles. Users agree that all legal proceedings related to the matters shall be adjudicated solely in the courts of Oakland County, Florida, United States of America. Users consent to extra-territorial service of process and submit to the jurisdiction of these courts.
To the extent any portion of these Terms are unenforceable, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect.
Any waiver of any provisions contained in these Terms by MYEV.com shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any waiver of these Terms must be in writing and signed by our authorized representative. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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