You guessed it ... and, YES, we do actually LIKE our Attorneys!
Just like every venture in today's litigation-happy society, we have to have our own "Cover Our Tail" section. And, here it is. However, please understand that our Website is designed as an advertising and marketing resource for our Marketing Partners which can be used to augment the process of YOUR search for a new or newer pre-owned vehicle. It is NOT designed to act for you or on your behalf. That, we HAVE to leave to you. Nevertheless, our advertising & marketing partners are very much dedicated to ensuring that you are completely satisfied with your professional experience with them, not as a result of OUR effort(s), but rather because of the assistance that YOU provide in the detailed nature of YOUR inquiry.
We, at mycitymotorZ, LLC. are remarkably grateful for your consideration of the information and educational materials provided throughout our Web Site and the structuring capabilities contained within it. We also trust that you will find the entire process involved in expediting your selection of your next vehicle a rewarding one using this information. Now ... back to the attorneys!!!
Agree ... Or Do NOT Pass "Go"!
mycitymotorZ.com is the proprietary Web Site (the "Site") of mycitymotorZ, LLC., an Indiana Limited Liability Company (LLC.). The rights of use to "mycitymotorZ, LLC.", "mycitymotorZ", "mycitymotorZ.com", "we", and "us" on our Site are reserved. As previously indicated, mycitymotorZ, LLC. is NOT an automobile broker or dealer; rather, we are an advertising, marketing, and educational company maintaining a service providing interested retail subscribers with current, accurate and competitive data and that allows these same retail subscribers to effectively and FULLY INDEPENDENTLY review, discern, disclose, and negotiate the purchase or lease of a motor vehicle in which THEY have an interest. Your use of our Site and the informational and educational services made available therein (the "Services") is subject to these Terms and Conditions (these "Terms"). By utilizing and/or subscribing to any portion of our Site, you are thereby agreeing to be bound by, and utilizing our Site in compliance with, these Terms and Conditions. IF YOU IN ANY WAY CANNOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT UTILIZE OUR SITE AND/OR THE SERVICES THEREIN PROVIDED.
We may periodically make changes to these Terms for statutory and/or regulatory compliance. It is your responsibility to review these Terms frequently and to remain informed of any changes. Current Terms will always supersede any and all earlier versions. You agree that your continued use of our Site and Services therein provided after such changes have been published to our Site will constitute your acceptance of such revised Terms.
You agree that these Terms may be supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Site and data, materials and information available at or through the Site.
Dealer/Broker Disclosure -- What We Are NOT ...
mycitymotorZ, LLC. is exclusively: (1) an INDEPENDENT & web-based marketing and advertising company dedicated to the professional presentation of the inventory and collective marketing needs of our Dealer/Partners ("Partners", "Partner", "partners", "partner"); and, (2) an informational and educational resource for the automotive public. We are not an automobile dealer or automobile broker, and we do NOT arrange or negotiate or attempt to arrange or negotiate, the sale or exchange of any interest in any motor vehicle. We do not directly or indirectly induce or attempt to induce any person to purchase or exchange an interest in a motor vehicle. Additionally, while we may undertake certain credit services at the specific request of a retail subscriber for the purpose of augmenting the information contained in the request of the subscriber, we do not directly interview said subscribers for the purpose of inducing the purchase or exchange of an interest in a motor vehicle and cannot assure any member of our marketing program that a subscriber intends to purchase a motor vehicle, that the prospect has the financial security interest to both initiate and consummate the purchase of a motor vehicle, or that the prospect has completely and/or accurately represented any or all of their personal financial or potential trade-in data.
Marketing Partner Information -- The Realistic Limitations ...
If a partner provides an offer for a motor vehicle in direct response to YOUR request, the partner is representing that it is prepared to sell that motor vehicle at the price at which, and the terms on which, the partner has offered it. The partner is also representing it has possession of the actual motor vehicle offered and the ability to expeditiously transfer its title. In order to register, advertise, and/or submit an offer for a motor vehicle, per YOUR request, on our Site, partners are required to provide certain identifying and contact information. The information is represented BY THE PARTNER as an accurate identification of the partner, and the contact information and method must permit YOU to bidirectionally communicate directly with the partner, should YOU accept a presented offer to YOUR request.
Responsibility for the information contained in each offer lies SOLELY with each partner. The partner alone is responsible for any and all material it provides, posts, or represents on our Site and for the content of all messages it transmits through our Site/Services. We fully understand that inaccurate statements and/or misleading representations regarding a motor vehicle will undermine YOUR confidence in a partner and will functionally destroy YOUR confidence in our company, our employees, our Site, and certainly our Services; consequently, we, as a condition of our agreements with all advertising and marketing parnters, request that all vehicle data and information, including pictorial materials supplied by any partner to our Site be properly represented and accurate. We cannot, however, guarantee, given the nature of the display and medium, that deviations of accuracy cannot occur. We make every effort to immediately correct such deviations upon verified notification and as practicable. Additionally, in all respects, we expect, though the Services provided on our Site, that all advertising/marketing partner subscribers treat YOU fairly and honorably.
We, naturally and to maintain the integrity of our Site, reserve the right to perform anonymous and random quality control reviews to confirm that those who offer vehicles for sale through our Site are actively marketing and prepared to transfer those vehicles as advertised and at the prices at which, and the terms upon which, they are advertised and/or marketed. By using our services offered within our Site, each marketing partner hereby agrees to cooperate in these random quality control reviews. If our reviews indicate, or we become otherwise informed (through programs and/or services performed within the servicing of our Site, that any partner is engaging, or has functionally engaged in false, misleading, or inaccurate advertising of any kind, including, "bait and switch" or other unfair or deceptive practices, we reserve the right to deny that partner continued use of our Site and the services provided therein. Additionally, each partner hereby acknowledges, agrees, affirms, and grants mycitymotorZ, LLC. permission to immediately disclose the nature of and details to the false, misleading, deceptive, or inaccurate practice within the Site, so as to properly inform existing and/or future subscribers to the Site of such practice(s).
Authorization to Obtain Credit
By electronically signing the credit application within our Site, YOU, individually, jointly, and/or severally, hereby certify that: (1) you are authorized to submit the information requested on the application; and, (2) the information submitted in YOUR application is complete, accurate, true, and ONLY SUBMITTED BY YOU ... THE PARTY(IES) specifically identified on the credit application and vehicle offer request. You, individually, jointly, or severally, also, hereby authorize mycitymotorZ, LLC., its agents, or authorized assigns to investigate YOUR credit and employment history, obtain credit reports, and release information about YOUR credit experience with mycitymotorZ, LLC., its agents, or assigns. As a condition of the creation of YOUR Credit Profile and Search Analysis with mycitymotorZ, LLC., as YOU have requested, YOU also authorize mycitymotorZ, LLC. to systematically release YOUR credit score RANGE to any qualified Marketing Partner, consistent with YOUR vehicle offer request from these Partners. You also acknowledge, affirm, and accept that the information obtained will be used for the express purpose of establishing a bona fide credit profile for YOU and disseminated, as herein stipulated, to all qualified Marketing Partners of mycitymotorZ, LLC.; and, any potential, subsequent, and independent transaction that might occur between YOU and a Marketing Partner, subsequent to your receipt and acceptance of an offer from that Partner, may also require a separate authorization to obtain credit from that individual Partner.
Charge & Refund of Credit Profile & Search Analysis Fee
In order to create an accurate composite search profile, YOU and all subscribers to our Site requesting a vehicle offer from a Marketing Partner may, at YOUR discretion, be charged a partially-refundable, Credit Profile & Search Analysis fee PRIOR to the transmission of YOUR request. This fee will be independently held by mycitymotorZ, LLC., subject to the completion of our Customer Satisfaction Survey (CSS). Once completed, the partial refund of YOUR fee will either: (1) be returned directly to YOU at the address provided by U.S. Mail, within 7-10 business days; or, (2) be directed in YOUR name to the local United Way of either YOUR county of residence, if designated, or the Howard County, Indiana Chapter, if no designation is made. If YOU fail to complete the CSS in a timely manner (within 24 hours of inquiry CLOSED status), the fee may be immediately directed to the Howard County, Indiana Chapter of the United Way in YOUR name.
Under NO CIRCUMSTANCES will any funds be permanently retained by mycitymotorZ, LLC. as a fee for any activity on our Site, other than to offset the permissible costs of obtaining the information needed to establish your CREDIT PROFILE, or for the informational and educational Services provided therein.
Partner & Subscriber Inspection Requirements
All offers submitted by ANY participating Marketing Partner(s)/Dealer(s) to Site Subscriber(s) are exclusively subject to MUTUALLY-AGREEABLE inspections of all components of each offer submitted. It is the SOLE RESPONSIBILITY of each party, both Subscriber & Marketing Partner/Dealer, to evaluate the offer submitted along with its integrated vehicle condition, terms and conditions of the submitted offer, and ALL other matters related to the offer which remains EXCLUSIVELY between the Subscriber & Marketing Partner/Dealer. mycitymotorZ, LLC. and its Site are in NO WAY responsible for any offers, conditions, terms, or any singular or collective component in ANY OFFER submitted to or by either our Site Subscriber(s) or Marketing Partner(s)/Dealer(s). If this inspection requirement is NOT acceptable, DO NOT USE THIS SITE!
License to Use our Site and/or Services
Subject to these Terms, you are hereby granted a general, limited, personal, non-exclusive, non-transferable license to use our Site and/or Services for commercial purposes, your personal use, and not for resale or further disclosure and/or distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms.
Additionally, it is understood and agreed that you, by utilizing our Site and/or the Services therein provided shall NOT use, distribute, develop, nor will you utilize the services of a third-party to use, distribute, develop a competitive or similar Site and/or Services for a period of not less than twenty-four (24) months, subsequent to your initial registered use of either our Site and/ or our Services therein provided.
We (and where applicable, parties from whom we have obtained licenses) retain all right, title and interest in and to our Site and/or Services, including all related intellectual property rights. Our Site and/or Services are protected by applicable intellectual property laws, including United States copyright law and international treaties.
Access to our Site and/or Services
We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).
We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Site and/or Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Site and/or Services.
Restrictions to the Use of Our Site/Services
You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as WE may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Services (collectively, "Service Content") or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Site and/or Services or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Site and/or Services to another person; (iv) use our Site and/or Services or Service Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Site and/or Services; (vi) use our Site and/or Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service Content. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Site and/or Services.
Linking to our Site and/or Services
If you link to our Site and/or Services, you are permitted to link only to the home page at www.mycitymotorz.com. Linking to any pages other than the home page of our Site, linking to any internal parts of our Services, framing of our Services within or as part of any third-party services, or any other manner of incorporating parts of our Services as part of another Web site or service, is not permitted without our prior written consent.
Restricted Areas of the Site and/or Services
Certain parts of our Services, including account management features, may be password-restricted to registered users or other authorized persons ("Password-Protected Areas"). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Site and/or Services that is known to you.
mycitymotorZ, LLC. and our Site, mycitymotorZ.com, is a advertising, marketing, and information provider for motor vehicles. As a result of the Site and/or Services provided therin, it is common that prospective retail subscribers will submit personal and specific requests for activity from an advertising partner. We, thereby, provide an independent conduit through which prospective buyers can meet advertising and marketing partners. mycitymotorZ, LLC. is not an automobile dealer or broker and we do NOT sell, exchange, buy, or offer for sale, negotiate or attempt to negotiate, arrange or attempt to arrange the sale or exchange of an interest in any motor vehicle. While we may very well assist, through information provided on our Site and/or through our Services, prospective buyers in obtaining information concerning motor vehicle pricing as well as provide educational information about the automobile purchasing process, we do NOT induce or attempt to induce any person to buy or exchange an interest in a motor vehicle. Information about a particular vehicle is supplied by subscribing advertising partners to our Site, not by mycitymotorZ, LLC. ANY affirmed acceptance of a subscriber's request for an offer or subsequent decision to purchase or sell, along with the applicable pricing and other terms of any prospective sale, transfer, or exchange of a motor vehicle are directly negotiated between the retail subscriber and the enrolled advertising partner. The prices listed by any advertising partner on our Site may 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 visit our Site will act honorably and treat each other fairly, we cannot independently verify the information supplied or guarantee the vehicles offered by our advertising partners.
Images: Our Site will contain images of certain advertised motor vehicles. While every effort is made to ensure that these images represent the actual vehicle being advertised, and prospectively desired by a retail subscriber to our Site, mycitymotorZ, LLC. does NOT guarantee the authenticity or veracity of those images or the information an advertising partner is providing with regard to price information. In some instances, these images may be marketing samples only and may not reflect the exact vehicle specifications. We are NOT responsible for incorrect information given in the form of imagery, including but not limited to that which is provided by collateral information vendors and other third parties.
While we try to make sure that all prices posted on the Site and communicated accurately, we cannot be responsible for the typographical and other errors that may appear on the Site. If there is incorrect information given about vehicle price, product, or service due to typographical error, we are NOT responsible for such errors or their correction; but will attempt to correct such errors promptly. We reserve the right to refuse or cancel any orders for products or services listed at an incorrect price.
Access to the Site; Site Outages and Browser Incompatibilities
The Site may become inaccessible or it may not function properly with your web browser and operating system. mycitymotorZ, LLC. cannot be held liable for any perceived or actual damages arising from Content, Materials, operation, or use of this Site.
Links and Third Party Content
Our Services may display, or contain links to, third party products, services, and Web sites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Services, or which is accessible through or may be located using our Services (collectively, "Third Party Content") are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.
User Postings to our Services
We may, from time to time, allow you to post information and content to our Services. You agree that we are free to use any comments, information, ideas, concepts, methods, techniques, content, and any other material in any post or submission that you may make to our Services (each, a "Submission"), without further compensation, acknowledgement, or payment, for any purpose whatsoever including, without limitation, modifying or improving the Services. Furthermore, by making any Submission on our Site and/or Services, you grant us a perpetual, nonexclusive, fully paid, royalty-free, irrevocable, sub-licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
BY POSTING OR PROVIDING ANY SUBMISSION, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR SUBMISSION BY US WILL NOT INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY.
You will not use our Site and/or Services to: (i) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit 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; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) "stalk" or otherwise harass another; or (xi) collect or store personal data about other users.
"mycitymotorZ, LLC.", "mycitymotorZ.com", mycitymotorZ.com logo, and any other product or service name or slogan displayed on our Site are trademarks of mycitymotorZ, LLC. and its suppliers and/or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of mycitymotorZ, LLC. or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing our name, trademark, or product or service name of mycitymotorZ, LLC., without our prior written permission. In addition, the look and feel of our Site and/or Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of mycitymotorZ, LLC. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in or on our Site and/or Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
Disclaimer of Warranties
YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE AND OUR SUPPLIERS 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, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICES AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
WE AND OUR SUPPLIERS AND LICENSORS WILL 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 (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Services and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Services or Service Content.