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Terms of Use
 
 

BABYBENZ.COM TERMS OF USE

 

Welcome to the Terms of Use Agreement (the "Terms") for the YourCars website, including http://www.babybenz.com, and the content, software, products and services available there (collectively, "YourCars Web").  The Terms describe the terms and conditions applicable to use of YourCars Web by users thereof, including you, and any other buyer, seller, borrower, insurance applicant, broker, agent, loan officer, lender, loan provider, insurance provider, advertiser, or any other service provider or intermediary (each a "User").  In order to use YourCars Web, you must read and accept all of the Terms, as well as the YourCars Privacy Policy. Please read the following Terms carefully before using YourCars Web or registering for an account to use YourCars Web (an "YourCars Account") so that you are aware of your legal rights and obligations with respect to YourCars Web and its subsidiaries, affiliates and any of their respective successors and assigns  (collectively, "we", "us", "our" or "YourCars").   By using YourCars Web, you are agreeing to be bound by and comply with these Terms.

 

Please be aware that we have the right to change the Terms at any time, with or without notice to you, by posting amended Terms on this YourCars Web webpage. If you do not agree to these changes, then you must stop using YourCars Web.  If you do not stop using YourCars Web, then your use of YourCars Web will continue under the changed Terms. Your continued use of YourCars Web will indicate your agreement to be bound by the changed Terms. We recommend that you visit this webpage periodically to review the most current Terms.

 

Description of Services

 

YourCars Web is an informational service designed to allow potential automobile buyers, sellers, borrowers, insurance applicants, and other "intermediaries" (which for purposes of the Terms includes brokers, agents, loan officers, lenders, loan providers, insurance providers and any other persons or entities who may provide free or fee-based services to a buyer, seller, borrower or insurance applicant in connection with a transaction) to post and search listings, connect with one another, and provide services relating to automobile purchasing and selling. Any new features or tools added to or that enhance the current YourCars Web services will automatically become part of YourCars Web and will be subject to these Terms. In using YourCars Web, you acknowledge and agree that YourCars Web may also include third-party advertisements and marketing tools.

 

YourCars does not provide services through YourCars Web as a broker, agent, loan officer, lender, loan provider, or insurance provider; does not process, underwrite, originate, make or close loans, or make any related credit decisions; and does not quote, process, offer, or provide insurance or make any insurance-related decisions.  YourCars Web does not endorse, prefer or guaranty the quality of, any buyer, seller, borrower, insurance applicant, broker, agent, loan officer, lender, loan provider, insurance provider or other intermediary or service provider.  YourCars Web merely provides a user-friendly, software interface and marketing tool for potential buyers, sellers, borrowers, insurance applicants, brokers, agents, loan officers, lenders, loan providers, insurance providers, intermediaries and other Users to connect and share information.  As a User, you must conduct your own investigation to determine whether any automobile, loan, or insurance product or service (whether introduced or offered to you through YourCars Web or otherwise) is best for your own personal and financial situation.

 

You understand and agree that YourCars is not offering to make or broker any loans, quote or provide insurance, process any loans or insurance applications, or offer to sell or buy automobiles and expressly does not intend to offer or provide any services in any jurisdiction in violation of or non-compliance with the laws of that jurisdiction. Any offer from YourCars and any YourCars Web fees are void where prohibited by law.

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User Eligibility

 

If you are a under the age of 18 or if you have been suspended or removed from the YourCars Web system by YourCars for any reason or no reason, you are not eligible to use YourCars Web.

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Your Use of the Services and YourCars Account

 

Your use of YourCars Web is governed by the Terms.  YourCars may suspend or remove you from YourCars Web without prior notice for any reason at its sole discretion.

 

In order to use portions of YourCars Web, you may be required to register with YourCars to open an YourCars Account. As part of the registration process, you will be asked to enter your email address, which you will use as your User ID, and Password for your YourCars Account.  You are responsible for maintaining the confidentiality of your YourCars Account, including your User ID and Password, and are fully responsible for all activities that occur under your YourCars Account with or without your knowledge. If you knowingly provide your User ID and Password information to another person, your YourCars Account privileges may be temporarily suspended or permanently terminated. Additionally, you are prohibited from selling, trading, or otherwise transferring (with or without consideration) your YourCars Account to another party.  You agree to immediately notify YourCars of any unauthorized use of your User ID, Password or YourCars Account or any other breach of security.  YourCars cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms.

 

Registering for an YourCars Account requires you to provide your name, home address, zip code, email address, and telephone number, and in order to access certain services, products, and features of YourCars Web, you may be required to provide additional information, such as car information, marital status, gender, credit rating, or insurance information.  YourCars will not ask you for your social security or other taxpayer identification number.

 

You agree that in using YourCars Web, you are consenting to share, contribute and receive personal and financial data.

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Fee Policies

 

All loan-, insurance-, and automobile-related fees and charges are entirely separate from and unrelated to any registration, posting, or other fees you may incur as a User of YourCars Web and YourCars services. As a borrower, insurance applicant, or an automobile seller or buyer, you, and not YourCars, are solely responsible for negotiating, reviewing and paying any and all loan-, insurance-, and automobile-related fees and charges imposed by your lender; insurance company; automobile seller; federal, state, and local agencies; intermediaries and other service providers.

 

YourCars may charge fees for advertising or for providing leads to prospective brokers, agents, loan officers, lenders, loan providers, insurance providers or other intermediaries or service providers. These fees will be determined by YourCars based on various factors relating to the leads, and will be subject to change from time to time.  As a purchaser of leads, you understand and agree that the information contained in the leads is created solely by Users, with no involvement or review by YourCars, and accordingly, YourCars is not responsible or in any way liable for the accuracy, completeness or integrity of such information.   You further agree that because YourCars is only providing leads – that is to say, marketing information about persons potentially interested in transacting with you – YourCars will receive the full fee for all leads provided regardless of whether you ultimately consummate any transactions as a result of the leads.

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Advertisers and Third-Party Links

 

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through YourCars Web, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely and entirely between you and the advertiser or other service provider. You agree that YourCars will not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of the advertisers on YourCars Web.  YourCars makes no warranties, representations or guarantees as to the accuracy, completeness or quality of any such promotions.

 

Further, you understand and agree that YourCars Web, other Users of YourCars Web and third parties may provide links to other Internet sites or resources. Because YourCars has no control over any external sites and resources, you acknowledge and agree that YourCars is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that YourCars will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. The risk of transacting with or visiting the websites of any such third parties is entirely with you.

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Termination

 

You understand and agree that YourCars may, for any or no reason, immediately terminate your YourCars Account and access to YourCars Web without prior notice. Without limiting the generality of the immediately preceding sentence, your YourCars Account and your access to YourCars Web may be suspended and/or terminated if (a) you breach or violate these Terms, the YourCars Privacy Policy or any other applicable agreements or policies, (b) requested by law enforcement or other government or regulatory agencies, (c) you request this (self-initiated account deletions), (d) YourCars Web experiences unexpected technical issues or problems, (e) your YourCars Account has been inactive for an extended period of time and/or (f) you fail to pay any fees owed by you in connection with YourCars Web.  YourCars may also in its sole discretion and at any time discontinue providing YourCars Web, or any part thereof, with or without notice.  You understand and agree that all decisions relating to YourCars Account terminations will be made at YourCars's sole discretion and that YourCars will not be liable to you or to any third party for any suspension or termination of your YourCars Account or your ability to access any or all of YourCars Web.

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User Conduct

 

In using YourCars Web and accessing YourCars Web and any of the content contained therein, you agree that you will not, and that you will not encourage, solicit, assist or enable any third party to:

 

(a)           Use YourCars Web for any unlawful purpose, including but not limited to conspiring to violate laws

(b)           Charge any fees to Users that are not appropriate or reasonably related to the value of the goods offered or services performed by you, as a seller, broker, agent, loan officer, lender, loan provider, insurance provider or other intermediary, or that otherwise violate applicable federal and state laws and regulations

(c)           Offer for sale or sell any item, good or service that (i) violates any applicable law or regulation, (ii) you do not have the full power or authority under all relevant laws and regulations to offer or sell, including all necessary licenses and authorizations, or (iii) YourCars determines, in its sole discretion, is inappropriate for YourCars Web

(d)           Upload, post, transmit or otherwise make available any content, or engage in communication, that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including, without limitation, any address, email, phone number or other contact, personal or financial information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable

(e)           Use YourCars Web for fraudulent purposes

(f)            Harvest or collect any information about or regarding other YourCars Account holders or users, including, without limitation, any personal or financial data or information, for purposes in violation of the Terms

(g)           Sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your YourCars Account, User ID or Password, including, without limitation, on or through the use of any third-party web site or service

(h)           Copy any part of YourCars Web (other than as permitted under United States copyright laws) without the express permission of YourCars, remove any proprietary notices from YourCars Web or any copy thereof without the express permission of YourCars, or cause, permit or authorize the modification, creation of derivative works, or translation of YourCars Web without the express permission of YourCars

(i)            Attempt to decompile, reverse engineer, disassemble, modify, hack or otherwise extract the source code from YourCars Web, or to defeat or overcome any encryption and/or digital rights management technology implemented by YourCars with respect to YourCars Web, and/or data transmitted, processed or stored by YourCars or YourCars Web

(j)            Upload, post or otherwise make available through YourCars Web any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, trade secrets, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure or similar agreements)

(k)           Upload, post, email or otherwise make available through YourCars Web any content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party

(l)            Upload, post, email or otherwise transmit unsolicited commercial email, "junk mail" or "spam"

(m)          Upload, post, email or otherwise transmit or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

(n)           Interfere with or disrupt YourCars Web or servers or networks connected to YourCars Web, or disobey any requirements, procedures, policies or regulations of networks connected to YourCars Web

(o)           Promote or provide instructional information about illegal activities, stalk, harass or promote physical harm or injury against any group or individual, or harm minors in any way

(p)           Take any steps to interfere with or in any manner compromise or circumvent any of YourCars's privacy or security measures

(q)           Allow usage by others in such a way as to violate these Terms, the YourCars Privacy Policy or any other applicable agreements or policies in effect from time to time, or

(r)            Use YourCars Web for any commercial purpose or for the benefit of any third party or in any manner not permitted by the Terms, or otherwise exceed the scope of YourCars Web that you have signed up for (i.e., by accessing and using tools or services that you do not have a right to use).

 

Should any content or any User or other party be found or reported to be in violation of the preceding or any other Terms, the determination as to what, if any, action should be taken will be at YourCars's sole discretion, subject to any requirements of applicable law.

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Misrepresentation Prohibited

 

In using YourCars Web, you are agreeing that you will not misrepresent your professional licensing qualifications, experience or ability to engage in any offered transaction.  Any information you provide in registering as a User, posting a listing, or offering a service must be correct, truthful and to the extent possible, complete, in all respects.

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User Posted Content

 

In the course of using YourCars Web, Users may have the ability to post content and materials; including in postings; listings; advertisements; loan and insurance forms, applications, and solicitations; and other forums that may be visible to certain other Users (see the YourCars Privacy Policy to learn more about information collected on or through YourCars Web). You understand and agree that all information, data, text, software, photographs, graphics, video, messages, goods, products, services or other materials (referred to in this section individually and collectively as "content") are the sole responsibility of the person from which such content originated. This means that you, and not YourCars, are entirely responsible for all content that you upload, download, post, email, transmit or otherwise make available via YourCars Web. YourCars does not control the content posted via YourCars Web and, as such, does not guarantee the accuracy, completeness, integrity or quality of such content.

 

While YourCars has the right to monitor activity and content associated with YourCars Web, we are not obligated to do so.  Without limiting the generality of the preceding sentence, you acknowledge and agree that while YourCars may use certain automated filters and other tools to categorize and optimize YourCars Web content, YourCars does not otherwise pre-screen or control content – however, YourCars and its designees have the right, but not the obligation, at their sole discretion to refuse or remove any content from inclusion in YourCars Web at any time.  You understand and agree that in using YourCars Web, you may be exposed to content that you find offensive, indecent or objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or registrations.  However, because situations and interpretations vary, we also reserve the right not to take any action.  Under no circumstances will YourCars be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to, any content posted, emailed, transmitted or otherwise made available via YourCars Web.

 

In posting any content, you represent you have all rights necessary to post such content without violation of any intellectual property, contract, or other rights or any laws or regulations. You further understand and agree that by uploading or posting content on YourCars Web or otherwise providing content to YourCars, including, without limitation, content, suggestions or other materials you submit to YourCars or through YourCars Web, you are granting to YourCars a world-wide, royalty-free, non-exclusive license to use, reproduce, publish, translate, modify, adapt and distribute that content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material, and that the foregoing license includes a right for YourCars to make such material available to third parties with whom YourCars has business relationships, in each case without any compensation or obligation to you.  You hereby further grant YourCars the right to edit, copy, publish and distribute any content made available on or through YourCars Web by you.  You also permit any other User to access, view, store or reproduce any content or links posted by you for that User's personal, non-commercial use. You understand that the technical processing and transmission of YourCars Web, and content you have submitted through YourCars Web, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

 

You understand that YourCars cannot and does not guarantee the identity of any other User with whom you may interact in the course of using YourCars Web.  Additionally, we cannot and do not guarantee the authenticity of any data that Users may provide about themselves, property or services.  You agree that you must evaluate, investigate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or integrity of such content.

 

You further acknowledge and agree that YourCars may preserve content, and may also disclose content, including personally identifiable information (notwithstanding the YourCars Privacy Policy) if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms or any other applicable agreement or policy; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of YourCars, its Users and the public.  Without limiting the generality of the foregoing, YourCars may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize YourCars to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

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YourCars Communications and Updates

 

In the course of providing you with YourCars Web, YourCars may need to communicate with you via email (see our Privacy Policy to learn more about our communications). You agree to receive emails that are specific to your YourCars Account and necessary for the normal functioning of YourCars Web. You further agree to receive updates to the YourCars Web software and services (and that YourCars may provide these updates to you), which may take the form of bug fixes, enhanced functions, new software modules and completely new versions, new products or services updates that we feel may be relevant to or interest you, and which may be automatically downloaded and installed to your computer, as part of your use of YourCars Web.

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General Registration Policies

 

Some YourCars Web content, goods, and services may be made available after you register with YourCars ("YourCars Registered Services"). You are not permitted to deliberately attempt to access the YourCars Registered Services without paying the applicable registration fee.  Any attempt to do so is a breach of these Terms and may also violate applicable law.  You understand and agree that any additional registration policies that are disclosed or provided to you at the time you register for an YourCars Account, or initiate or renew your registration to any YourCars Registered Services, are deemed part of and are incorporated into these Terms by reference.

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Linking, Framing and Use of Automated Processes

 

You may be granted a limited, nonexclusive right to create a hyperlink to YourCars Web provided (i) you give YourCars notice of such link by writing to services@Babybenz.com, (ii) YourCars confirms in writing that you may establish the link, (iii) you do not remove or obscure the copyright notice or other notices on YourCars Web, (iv) such link does not portray YourCars Web or any of its products, software, content or services in a false, misleading, derogatory or otherwise defamatory manner, and (v) you immediately discontinue providing a link to YourCars Web if so requested by YourCars. You may not use an YourCars logo or other proprietary graphic or trademark of YourCars to link to the YourCars Web without the express written permission of YourCars.

 

Under no circumstances may you "frame" YourCars Web or any of its content, copy portions of YourCars Web to a server, or use manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in YourCars Web, in each case without the express written permission of YourCars.  You further agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses. 

 

Except as expressly pre-approved by YourCars in writing, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion, or use of, or access to, YourCars Web.

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Licensed Content

All content made available in, or accessible through, YourCars Web in connection with content licensing and similar arrangements with third-party providers (collectively, the "Licensed Content") is provided "as is" without warranty of any kind.  None of YourCars nor any third-party provider (nor any of their respective data suppliers) make any warranty whatsoever as to the accuracy or completeness of the Licensed Content or the results to be obtained from using the information contained therein and none of YourCars nor any third-party provider (nor any of their respective data suppliers) will be responsible for any claims attributable to errors, omissions, or other inaccuracies in the information contained in the Licensed Content.  The entire risk for the results and performance of the Licensed Content is assumed by the User.  Further, neither YourCars nor any third-party provider (nor any of their respective data suppliers) make any representations or warranties, either express or implied, with respect to the Licensed Content, including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of the Licensed Content or any information contained therein.  In no event will YourCars or any third-party provider (or any of their respective data suppliers) be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Licensed Content or for any loss or damage of any nature caused to any person as a result of that use.  Material contained in the Licensed Content may not be duplicated or redistributed without the prior written consent of YourCars and the applicable third-party provider (and, if applicable, the relevant data supplier).

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Special Warning for International Use

 

Recognizing the global nature of the Internet, you further agree to comply with all applicable local rules including, but not limited to, rules regarding online conduct and acceptable content. You acknowledge that any software that may be available or provided to you on this website may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You further acknowledge that any goods or services that may be available or provided to you on this website may be subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You hereby agree that you will not transfer or export such software, goods, or services in violation of any such applicable export laws and regulations.

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YourCars Privacy Policy

 

All User information submitted to register an YourCars Account, to post a listing, to offer or request any goods or services, or to contact or provide feedback to us or other Users, and certain other information about you that may be collected by or through YourCars Web, is subject to our Privacy Policy, the terms of which are incorporated into the Terms by reference.  However, YourCars makes no warranties, representations or guarantees regarding the privacy of information you provide to or through YourCars Web, including, without limitation, information made available to other Users and third parties.

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Modification or Termination of YourCars Web

 

YourCars reserves the right at any time, and from time to time, to modify, suspend or discontinue, temporarily or permanently, YourCars Web (in whole or in part) with or without notice to you. You agree that YourCars will not be liable to you or to any third party for any modification, suspension or discontinuance of YourCars Web. Without limiting the generality of the foregoing, you acknowledge and agree that YourCars will have no liability to you or to any third party for any technical delays or disruptions in YourCars Web.

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Indemnification

 

By accepting these Terms, you agree to indemnify and otherwise hold harmless YourCars, its directors, officers, employees, agents, co-branders or other partners, subsidiaries, affiliates and other partners from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind, including reasonable attorneys' fees, due to or arising from (a) your use of YourCars Web, (b) your violation of the Terms or any rights of another, (c) unauthorized access to or alteration of your communications with or through YourCars Web, (d) any breach of contract or other claims, including, without limitation, claims involving fees, unrealized and/or completed sales or transactions, loans, insurance coverage, or commissions made by Users or third parties with which you conducted business through YourCars Web; (e) your failure to adhere to ethical or other standards in the origination, funding or processing of loans or other lending transactions; (f) your failure to adhere to ethical or other standards in the quoting, processing, or providing insurance applications and/or coverage; (g) your breach of any applicable privacy or consumer protection laws; and/or (h) any other matter relating to YourCars Web, whether you are a registered User or not. You further acknowledge and agree that any business transactions or other relationships that may arise between you, other Users and/or any third parties from your and their use of YourCars Web are the sole responsibility of you, the other Users and any third parties involved. You understand that you must conduct your own investigations before and throughout the course of any financial transaction you engage in with any other User or third party.

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Disclaimer of Warranties

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF YOURCARS WEB IS AT YOUR OWN RISK AND THAT YOURCARS WEB IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.   YOURCARS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOURCARS MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY REGISTERED USER OR THIRD PARTY, OR AS TO THE ACCURACY OF THE INFORMATION OR QUALITY OR RELIABILITY OF GOODS OR SERVICES MADE AVAILABLE THROUGH YOURCARS WEB BY ANY REGISTERED USER OR THIRD PARTY.  YOURCARS EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND ARISING OUT OF ANY USE, REFERENCE OR RELIANCE ON SUCH INFORMATION. YOU AGREE THAT YOUR INTERACTIONS AND TRANSACTIONS WITH ANY REGISTERED USER OR OTHER THIRD PARTY ARE AT YOUR SOLE RISK.

 

YOURCARS MAKES NO WARRANTY THAT (i) YOURCARS WEB WILL MEET YOUR REQUIREMENTS, (ii) YOURCARS WEB WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF YOURCARS WEB WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, COMMUNICATED, TRANSMITTED, OR OBTAINED THROUGH YOURCARS WEB WILL MEET YOUR EXPECTATIONS, (v) YOURCARS WEB AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

ANY MATERIAL DOWNLOADED, TRANSMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF YOURCARS WEB IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOURCARS OR THROUGH OR FROM YOURCARS WEB SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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Limitations on Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOURCARS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, LOSSES RESULTING FROM ANY UNREALIZED AND/OR COMPLETED TRANSACTION, DAMAGES IN TORT OR CONTRACT, DAMAGES RESULTING FROM NEGLIGENCE, DAMAGES FROM ANY OTHER THEORY OF LIABILITY, EVEN IF YOURCARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR DAMAGES RESULTING FROM ANY MATTER RELATING TO YOURCARS WEB.

 

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH YOURCARS WEB IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE OF THE SERVICES AND THE SOFTWARE.

 

NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, YOU AGREE THAT IN NO EVENT WILL YOURCARS'S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO YOURCARS WEB, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100, OR (B) THE AGGREGATE AMOUNT OF SERVICE FEES ACTUALLY COLLECTED BY YOURCARS FROM YOU FOR THE YOURCARS SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY.

 

THE LIMITATIONS OF LIABILITY PROVIDED IN THE TERMS INURE TO THE BENEFIT OF US, OUR AFFILIATES AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

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Disclaimer of Relationship

 

You acknowledge that no joint venture, partnership, employment or agency relationship exists between you and YourCars or its authorized agents, employees, partners, directors, officers, managers, co-branders, subsidiaries, affiliates, contractors, or other partners as a result of your agreement to the Terms or your use of YourCars Web.  Unless otherwise specifically provided pursuant to a separate agreement between you and YourCars, you agree not to hold yourself out as a representative, agent, or employee of YourCars and that none of YourCars, its authorized agents, employees, partners, directors, officers, managers, co-branders, subsidiaries, affiliates, contractors, or other partners shall be liable for any representation, act or omission by you.  You further acknowledge and agree that your use of YourCars Web does not make YourCars your broker, agent, loan officer, lender, loan provider, or insurance provider.

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YourCars's Proprietary Rights and Copyright Policy

 

You acknowledge and agree that YourCars Web may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary and similar rights, and any unauthorized use of YourCars Web may violate such laws and these Terms. You further acknowledge and agree that the technology and the software underlying YourCars Web is the property of YourCars and/or our third-party providers. Any software and accompanying documentation that is made available to download from YourCars Web is the copyrighted and/or patented work of YourCars and/or its third-party providers. Except as expressly provided in these Terms or in any accompanying license agreement (whether posted on a site page, click wrap or otherwise made available), YourCars and any of its third-party providers do not grant any express or implied rights to use YourCars Web or any of the software, content, products or services therein.   You are advised that YourCars will aggressively enforce its intellectual property rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist) to the fullest extent of the law.

 

You acknowledge and agree that you may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights, and the burden of determining that any material is not protected by copyright, trademark or similar rights rests with you.  You are solely liable for any damage resulting from any infringement of copyrights, trademark or other proprietary rights, or any other harm resulting from such a posting, distribution or reproduction.

 

Without limiting the foregoing, if you believe that your work has been copied and posted on YourCars Web in a way that constitutes copyright infringement, please contact us at services@Babybenz.com and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on YourCars Web; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Upon receipt of notice as described above, YourCars will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from YourCars Web.

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Entire Agreement

 

These Terms constitute the entire agreement between you and YourCars and govern your use of YourCars Web, superseding any prior agreements, oral or written, between you and YourCars, including any prior versions of the Terms.

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For California Residents ??

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information. If you have a question or complaint regarding YourCars Web, please send an e-mail to services@Babybenz.com.  Current rates for any paid YourCars Web services may be obtained by sending an e-mail to services@Babybenz.com. We reserve the right to change fees, surcharges, monthly or other periodic fees or to institute new fees at any time as provided in the Terms. California residents may also register their concerns or complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd. Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.?

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Governing Law/Venue

 

The Terms between you and YourCars will be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflict of laws. You and YourCars agree to submit to the personal and exclusive jurisdiction of state and federal courts located within New York, New York.

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General Information

 

The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. The failure of YourCars to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Notices to you may be made via either email or regular mail. YourCars may also provide notices of changes to the Terms, additional terms of service or other matters by displaying notices or links to notices to you generally on or through YourCars Web. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement.

 

We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you.  You may not assign any of your rights or delegate your obligations under these Terms to any other person or entity.  Any attempt by you to do so is void.  You further understand and agree that your YourCars Account is non-transferable by you and any rights to your User ID, Password or other contents of your YourCars Account terminate upon your death.

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of YourCars Web or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Please send any questions or comments, or report violations of the Terms to us at services@Babybenz.com.

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