Karprice Terms of Service
1. KARPRICE.COM AND TERMS OF SERVICE
Welcome Karprice.com. Karprice, LLC (“Karprice”, “Karprice.com”, “us”, “we”, “our”) provides its products and services subject to these Terms of Service. By using Karprice.com, you agree to the following Terms of Service (“TOS”). These TOS may be updated by us from time to time, and we encourage you to check this page frequently to review the TOS. In addition to these TOS, when using particular Karprice.com owned or operated services, you and Karprice.com may also be subject to any additional posted guidelines applicable to such services.
Karprice.com provides you with access to many valuable resources, including Karprice Used Car Purchase Prices, New Car Purchase Prices, Lease Prices and quotes from dealerships, research, reviews and ratings, car buying advice, classifieds, as well as links to sites where you can obtain vehicle services such as financing, sales and insurance, and other existing services and those that may later be offered to you (the “Service”). The Service includes advertisements, which are necessary for Karprice to provide the Service to you. Unless explicitly stated otherwise, any new features that we may add to Karprice.com will also be subject to these TOS, and any other special terms of service referenced in the new feature.
3. PERSONAL USE ONLY
You may make personal use of all of the information (“Information”) you access on Karprice.com, but you may not take any of the information, reformat and display it, or copy it on your Web site or in any other format, and you may not store or migrate any of the Information or other data from Karprice.com without Karprice’s written permission. By using the Service, you agree not to sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from, or otherwise exploit any of the Information content or data related to any portion of the Service. You may print a copy of particular vehicle values and prices and use the information for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on Karprice.com. If you want to make commercial use of the Karprice Information or Services, you must enter into an agreement with us to do so in advance, and can contact us at email@example.com.
4. SURVEY RESPONSES, FEEDBACK, AND OTHER CONTRIBUTIONS TO KARPRICE.COM
By submitting purchase prices and associated information concerning financing/deals, ideas, survey responses, suggestions, documents, comments, and/or proposals (“Contributions”) to Karprice.com through its Submit Your Car Price Info form, surveys, contact us form, Karprice.com Community Pages or suggestion or feedback Web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Karprice is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) your Contributions automatically become the property of Karprice without any obligation of Karprice to you and Karprice shall be entitled to use, copy, modify, or disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Contributions for any purpose, in any way, in any media worldwide; (d) Karprice may have something similar to the contributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from Karprice.com under any circumstances for your contributions.
5. MODIFICATIONS AND TERMINATION OF SERVICE
Karprice reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the Service for any reason with or without notice to you. All terminations will be made in Karprice’s sole discretion and you agree that Karprice will not be liable for any termination of your use of or access to the Service.
6. YOUR DEALINGS WITH KARPRICE.COM ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 advertiser. You acknowledge and agree that Karprice will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
7. LINKS TO OTHER WEBSITES
Karprice.com provides links to other Web sites. You acknowledge and agree that, because Karprice has no control over such sites, we are not responsible for them or the resources and information they contain. In particular, we are not responsible for the availability of services related to another Web site that has a link on Karprice.com; we do not necessarily endorse such sites, and we are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that Karprice will not be liable for any loss whatsoever for any damages caused by or incurred in connection with the use of or reliance on the information, goods or services available through any such site.
8. KARPRICE.COM’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and all materials on Karprice.com, contain proprietary information and data that is protected by applicable copyright, trademark and other intellectual property laws (Karprice’s “Proprietary Information”). All materials on Karprice.com, including such Proprietary Information, may only be used for personal, non-commercial purposes, and you agree not to sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate, store, copy or transmit any material from Karprice.com unless and until you have obtained our prior written consent. The Proprietary Information covered by this prohibition includes, without limitation, the software programming and html and other code contained in the Web site, Karprice Vehicle Values, KARPRICE New Car Purchase Posts, Used Car Purchase Posts, Leased Car Posts, compilations of vehicle specifications, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on Karprice.com.
9. USE OF KARPRICE.COM’s LOGOS
10. NO ILLEGAL USE
As a condition of your use of and access to Karprice.com, you agree not to use the Services for any unlawful purpose or in any way that violates these TOS. You also agree not to use the Services in any way that could damage, disable, overburden, or impair Karprice.com or any Karprice server, or the associated networks, or interfere with any other party’s use and enjoyment of any Services.
11. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. KARPRICE PROVIDES THE SERVICE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. KARPRICE AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KARPRICE AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS WILL BE CORRECTED.
ALL MATERIAL AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESSING OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KARPRICE.COM OR ITS AFFILIATES OR PARTNERS THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY WHATSOEVER.
VEHICLE VALUATIONS ARE OPINIONS AND MAY VARY FROM VEHICLE TO VEHICLE. ACTUAL VALUATIONS ARE BASED UPON CURRENT AVAILABLE INFORMATION AND ANALYSIS OF MARKET CONDITIONS, AND WILL VARY DEPENDING ON SPECIFICATIONS, VEHICLE CONDITION OR OTHER PARTICULAR CIRCUMSTANCES PERTINENT TO A PARTICULAR VEHICLE OR THE TRANSACTION OR THE PARTIES TO THE TRANSACTION. KARPRICE ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF VEHICLE VALUES AND NO RESPONSIBILITY FOR ERRORS OR OMISSIONS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KARPRICE AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 (EVEN IF KARPRICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR RECEIVED OR TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO 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 LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY.
13. INDEMNITY AND RELEASE
When you use Karprice.com, you are agreeing to indemnify Karprice, its 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 your use of the Karprice.com Web site, your use of the Service, or your submission of Contributions as set forth in Section 4 above. By using Karprice.com you are agreeing to release Karprice and its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors from any and all claims, fees, costs, damages and obligations of any kind whatsoever that you may have against them arising out of or in any way related to such claims or obligations and to any disputes regarding use of ideas and/or related materials submitted to Karprice.com. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
14. CHANGES AND UPDATES TO THESE TERMS OF SERVICE
Karprice may occasionally update or change these Terms of Service, so we encourage you to view them often. Your continued use of the Service constitutes your agreement to these TOS and any updates.
15. GENERAL INFORMATION
Member Conduct when Using Interactive Components and Forms
Karprice.com may provide interactive forums, reviews, chat rooms, news groups, bulletin boards and other interactive components (“Interactive Components”) on the site. If you use any of the Interactive Components, you are solely responsible for your own communications and the consequences of posting those communications, and you assume responsibility for such communications, including their legality, reliability, and appropriateness. By posting or otherwise displaying information on the website, you grant to Karprice the right to display, copy, distribute and publish in any format, User-Posted Content you upload or otherwise transmit to the website. Karprice does not assume any responsibility for the truthfulness, accuracy or reliability of any material posted on any Interactive Component, or of consequences of any Interactive Area communications on or arising from use of the Site. IN CASES WHERE YOU FEEL THREATENED OR BELIEVE SOMEONE ELSE IS IN DANGER, YOU SHOULD CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY IMMEDIATELY.
In consideration of being allowed to use the Interactive Components, you agree not to engage by way of example and not by limitation, in any of the following activities:
1. Using an Interactive Component for any purpose in violation of local, state, national or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, offensive, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity as determined by Karprice at its sole and absolute discretion;
4. Posting material that contains any virus, worm, Trojan horse or other code which may contaminate, destroy or interfere with the files or programs of Karprice or its users;
5. Posting advertisements or solicitations of business without the prior express written consent of Karprice or Karprice, LLC prior to any posting;
6. After receiving a warning, continuing to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
7. Posting chain letters or pyramid schemes;
8. Impersonating another person and/or entity;
9. Allowing any other person and/or entity to use your identification to post or view comments;
10. Posting the same note more than once (i.e., “spamming”);
11. Posting messages or any other content that may restrain trade or encourage or facilitate an agreement about the following subjects: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; selection, rejection or termination of customers or suppliers; or any other information that violates federal or state anti-trust or competition laws;
12. Engaging in any other conduct that restricts or inhibits any other person and/or entity from using the Interactive Components, or which, in the sole discretion of Karprice, exposes Karprice or any of its users or sponsors to any liability or detriment of any nature.
Karprice reserves the right, but is not obligated, to record the dialogue in public chat rooms. Karprice does not screen communications in advance and is not responsible for screening or monitoring material posted by users, or any other person or entity. If notified by a user of communication(s) which are alleged not to conform to the terms of this section, Karprice may, but is not obligated to, investigate the allegation and determine, in its sole discretion, to remove or request the removal of the communication(s). Karprice reserves the right, but is not obligated, to remove or edit communications which are abusive, illegal, disruptive, or that otherwise fail to conform to these conditions. In addition to the removal rights described above, Karprice reserves the right to terminate a user’s access to any or all Interactive Components at any time, with or without notice, in the exercise of its sole discretion.
Karprice reserves the right, but is not obligated, to monitor, edit, or disclose any posting on the Interactive Components for lack of adherence to the conditions, if required in the course of normal operation and maintenance of Karprice, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Karprice or others; or (iii) protect the personal safety of our users, sponsors, or the public. KARPRICE HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
KARPRICE MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES ANDCANNOT BE HELD RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE WHATSOEVER, EITHER DIRECT OR INDIRECT.
Choice of Law and Forum. The TOS and the relationship between you and Karprice shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and Karprice agree to submit to the personal and exclusive jurisdiction of the courts located within Monmouth County, New Jersey.
Waiver and Severability of Terms. The failure of KARPRICE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Entire Agreement. The TOS constitutes the entire agreement between you and Karprice and governs your use of the Service, superseding any prior TOS with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Karprice services, affiliate or third-party services.
Statute of Limitations. You agree that any claim, demand, or cause of action (“Claim”) arising out of or related to the Service or your access or visit to Karprice.com or these TOS must be filed by you within one (1) year after such claim arose, or it is forever barred.
16. REPORTING VIOLATIONS OF THE TOS
Please report any violations of the TOS to firstname.lastname@example.org.
You may contact us concerning any question about the Service, through the channels listed on the “About” menu in the Software or through the “Contact Us” page on the Site (web address: http://www.karprice.com/home/contact-us/). We will make our best efforts to address your inquiry promptly.