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Introduction and Agreement
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This website (the "Site") is owned and operated by Wheelsdealers.com, a division
of Mark infoServe Co. Ltd (Japan). These Terms of Service apply to the national
version of the Site, located at www.wheelsdealers.com, as well as to any versions
of the Site that Wheelsdealers.com co-brands with its distribution partners (collectively,
"Affiliates"). You may have arrived at a co-branded version of the Site from an
Affiliate's website, in which case, that Affiliate will be identified at the top
of this page. By using the Site, you hereby agree that you are at least eighteen
(18) years of age and bound by all of the following provisions of these Terms of
Service.
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Click here to review the Site's Privacy& PolicyStatement.
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Wheelsdealers.com is a used and new cars trading portal for both traders and consumers.
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Wheelsdealers.com operates the Site as an online trading portal for new and used
car buyers, sellers and enthusiasts. Wheelsdealers.com does not sell vehicles directly
and is never a party to any transaction between buyers and sellers. As a result,
Wheelsdealers.com does not .
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(A) Guarantee or ensure any vehicle or any transaction between a buyer and seller,
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(B) Collect or process payment or transfer of title on behalf of buyers or sellers,
or
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(C) Warehouse, store, ship or deliver any vehicles.
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Dealer’s Incentives and Offers.
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Advertisers on Wheelsdealers.com may include information about special offers, incentives,
or pricing programs associated with a specific brand, model, or vehicle ("Offers").
Wheelsdealers.com is not responsible for the content of any such Offers, nor responsible
for any errors or omissions in Offer contents or descriptions. Users of the site
should contact the relevant advertiser for full details on any such Offers, including
eligibility requirements, limitations and restrictions, and availability.
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Site Content
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All information and content available on this Site (collectively, "Content") is
protected by copyright and other intellectual property laws. The Content is owned
by Wheelsdealers.com, its Affiliates, and/or their respective licensors and suppliers
(collectively, "Licensors"). The Content is intended for personal and non-commercial
use only. While you may interact with or download a single copy of any portion of
the Content for your personal and non-commercial entertainment, information or use,
you may not reproduce, sell, publish, distribute, modify, display, perform, re-post
or otherwise use any portion of the Content in any other way or for any other purpose
without the prior written consent of Wheelsdealers.com. Requests regarding use of
the Content for any purpose other than personal, non-commercial use should be directed
to Permissions, Wheelsdealers.com, Mark infoServe Co. Ltd.,
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To be effective, the notification must be a written communication that includes
the following:
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1. A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
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2. Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
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3. Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to
be disabled, and information reasonably sufficient to permit the service provider
to locate the material;
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4. Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number and, if available, an electronic
mail address at which the complaining party may be contacted;
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5. A statement that the complaining party has a good-faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent or the law;
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6. A statement that the information in the notification is accurate and, under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
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Software
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Please note that all software programming, including without limitation all HTML,
Java, .NET and other code contained in this Site (collectively, "Software"), is
owned by Wheelsdealers.com and is protected by copyright laws and other intellectual
property laws, as well as international treaty provisions. Any unauthorized access
to, reproduction, redistribution, publication, display or other use of the Software
is expressly prohibited by law and may result in severe civil and/or criminal penalties.
Violators will be prosecuted to the maximum extent possible.
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Linking
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If you operate a website and wish to link to the Site, you must link to the Site's
home page & stock Page unless permission otherwise has been granted in writing by
Wheelsdealers.com. Wheelsdealers.com reserves the right to reject or terminate any
links to the Content or the Site.
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User Materials
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By submitting ads, content, photos, data or other materials ("Materials") to the
Site, you hereby grant to Wheelsdealers.com and its Affiliates a royalty-free, perpetual,
irrevocable, nonexclusive, fully transferable, fully sub licensable right and license
to copy, modify, display, distribute, perform, create derivative works from, and
otherwise use and exploit all such Materials in any form, media, software or technology
of any kind now existing or developed in the future. You further grant to Wheelsdealers.com
and its Affiliates a royalty-free right and license to use your name, image and
likeness in connection with the reproduction or distribution of the Materials.
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Interactive Forums
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This Site may offer message boards, transaction boards or other forums (collectively,
"Forums") to give Users 18 years of age and older an interesting and stimulating
forum in which they can express their opinions and share their ideas. Wheelsdealers.com
and its Affiliates do not endorse the accuracy or reliability of any advice, opinion,
statement or information posted on these Forums. Please use your best judgment,
and be respectful of other individuals using these Forums. By posting a message
in the Forum, you agree to abide by these Terms of Service. You may not use the
Site's Forums to engage in any Prohibited Activities (as defined below). Uploading
copyrighted or other proprietary Material of any kind on the Site without the express
permission of the owner of that Material is prohibited and may result in civil and/or
criminal liability.
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Wheelsdealers.com Rights
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Given the nature of the Site and the volume of messages and postings, Wheelsdealers.com
cannot and does not monitor all of the Materials posted or transmitted by you and
other third-party information providers. Wheelsdealers.com reserves the right, in
its sole discretion, to monitor, refuse to publish, remove, delete, move or edit
any Materials without notice, at any time for any reason. By using the Site, you
expressly agree that Wheelsdealers.com (a) will not be liable to any claims, actions
or judgments arising out of or related to any Materials and (b) may monitor, refuse
to publish, remove, delete, move or edit any Materials without notice at any time
for any reason, without liability and without providing a refund.
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Unsolicited Materials
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Wheelsdealers.com does not accept unsolicited materials or ideas for use or publication
in its programming or in other digital, electronic or print media except in connection
with the Message Board, transaction board and bulletin boards on the Site. Wheelsdealers.com
and the Affiliates shall not be responsible for the similarity of any of its content
or programming in any media to Materials or ideas transmitted to the Site.
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Representations/Indemnity
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You hereby represent and warrant that:
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(a) You have all necessary authority, rights and permissions to submit the Materials
to the Site,
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(b) the Materials do not and will not infringe or misappropriate any copyright,
trademark, trade secret, patent or other intellectual property right of any third
party, including any rights of privacy or publicity, and
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(c) The Materials do not and will not violate any applicable law or regulation including,
but not limited to, any automobile advertising laws or regulations, or cause injury
to any person. You agree to release, defend, indemnify and hold Wheelsdealers.com,
its Affiliates, the Licensors, and their respective officers, directors, employees,
agents and contractors harmless from and against any and all claims, costs, demands
or expenses, including attorneys' fees, arising from
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(i)Any distribution, publication, refusal to publish, removal, deletion, movement,
editing or other use of the Materials you provide,
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(ii)Your use of the Site or any reliance on the Content,
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(iii)Your breach of these Terms of Service or
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(iv)Any actual, prospective or terminated sale or other transaction between you
and a third party.
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Prohibited Activities
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The following is a partial list of the kinds of activities that are prohibited on
or through the Site:
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(A) submitting Material that is patently offensive to the online community, such
as content that promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
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(B) Engaging in activities or submitting Material that could be harmful to minors;
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(C) Engaging in activity or submitting Material that harasses or advocates harassment
of another person;
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(D) Engaging in activity that involves the transmission of "junk mail" or unsolicited
mass mailing or "spam" to Wheelsdealers.com Users or others;
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(E) engaging in activity or submitting Material, or promoting information, that
is fraudulent, false or misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libellous;
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(F) Submitting Material that contains restricted or password-only access pages,
or hidden pages or images;
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(G) Submitting Material that displays pornographic or sexually explicit material
of any kind;
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(H) Submitting Material that provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses;
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(I) Engaging in activities or submitting Materials that solicit passwords or personally
identifiable information for unlawful purposes from other Users;
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(J) Engaging in commercial activities and/or sales without our prior written consent,
such as contests, sweepstakes, barter,advertising and pyramid schemes;
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(K) Using the Site's lead forms and/or toll-free numbers to advertise or promote
products and services to Wheelsdealers.com advertisers;
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(L) using any robot, spider or other automatic device, or a manual process, to monitor
or copy web pages or the Content contained in the Site or for any other unauthorized
purpose without our prior expressed written permission;
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(M) Using any device, software or routine to interfere or attempt to interfere with
the proper working of the Site;
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(N) Decompiling, reverse engineering, disassembling or otherwise attempting to obtain
the source code for the Software; or
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(O) Taking any action that imposes an unreasonable or disproportionately large load
on Wheelsdealers.com's hardware and software infrastructure (collectively, "Prohibited
Activities").
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Sell It Yourself Rules
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By listing your vehicle for sale through the Site's "Sell ityourself" service (the
"Listing Service"), you acknowledge and agree to all Sell It Yourself Terms and
Conditions.
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Warranty Disclaimer
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you expressly agree that use of the site and reliance on its content is at your
own risk. wheelsdealers.com, its affiliates and their respective third-party licensors
do not make any representations or warranties of any kind regarding the site, the
software, the content, the materials, the listing service or the results that may
be obtained from use of any of the foregoing. the site, the software, the content,
the materials and the listing service are provided on an "as is, as available" basis,
and wheelsdealers.com, its affiliates and their respective third-party licensors
specifically disclaim any and all express or implied warranties including, without
limitation, the warranties of fitness for a particular purpose, warranties of merchantability
and warranties of noninfringement. all information related to vehicles available
on this site is supplied by the seller or other third parties. wheelsdealers.com
and the affiliates make no representations or warranties, expressed or implied,
to any actual or prospective purchaser or owner of any vehicle as to the existence,
ownership or condition of the vehicle, or as to the accuracy or completeness of
any information about a vehicle advertised on the site. wheelsdealers.com cannot
and does not verify or warrant the accuracy or completeness of such information.
wheelsdealers.com reserves the right, in its sole discretion, to correct any error
or omission on the site or in the content. all vehicles are subject to prior sales.
any and all concerns, differences or discrepancies regarding a vehicle must be addressed
with the seller prior to the sale of the vehicle. except as expressly set forth
in the sell it yourself terms and conditions, wheelsdealers.com does not make and
expressly disclaims any representations, warranties or guarantees to you regarding
the listing service including, without limitation, any representations, warranties
or guarantees that you will sell your vehicle, obtain an acceptable price for your
vehicle, only receive legitimate inquiries or solicitations from qualified buyers,
or receive any inquiries regarding your vehicle for sale. for purposes of this warranty
disclaimer, "third-party licensor" does not include you.
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Limitation of Liability
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wheelsdealers.com, its affiliates, and their respective owners, employees, agents,
contractors and third-party licensors shall in no event be liable for any damages
or losses including, without limitation, direct, indirect, consequential, special,
incidental or punitive damages, resulting from or caused by the site, the software,
content, the materials, the listing service, these terms of service or otherwise
(including, without limitation, damages resulting from negligence).
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Termination of Service
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You understand and agree that in Wheelsdealers.com's sole discretion, and without
prior notice, your access to this Site may be terminated or suspended, and Wheelsdealers.com
may exercise any other remedy available and remove any Materials, if Wheelsdealers.com
believes that your use of the Site and/or any Materials you provide
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(A) Violate
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(I) These Terms of Service,
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(ii) The rights of Wheelsdealers.com, any Affiliate or Licensor, or another User
of the Site, or
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(iii) Any law or regulation, or are otherwise objectionable or inappropriate or
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(B) Constitute fraudulent activity of any nature. You agree that monetary damages
may not provide a sufficient remedy to Wheelsdealers.com for violations of these
Terms of Service, and you consent to injunctive or other equitable relief for such
violations without the requirement that Wheelsdealers.com post a bond. Wheelsdealers.com
is not required to provide any refund to you if you are terminated as an authorized
User of the Site because, in Wheelsdealers.com's sole discretion, you have violated
these Terms of Service.
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Miscellaneous
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These Terms of Service may be changed at any time and you will be notified of any
such changes by an updated posting of the new Terms of Service on this page of the
Site. Your continued use of the Site after the posting of any amended Terms of Service
shall constitute your agreement to be bound by any such changes. Wheelsdealers.com
may modify, suspend, discontinue or restrict the use of any portion of the Site
without notice or liability. This Site includes links to other websites not established
or supervised by Wheelsdealers.com or any Affiliate. Wheelsdealers.com and its Affiliates
do not endorse, sponsor or guarantee these linked websites and are not responsible
in any way for any advice, content, information, practices, products or services
related to or made available through such linked websites. These Terms of Service
will be governed by and construed in accordance with the laws of the India. As a
condition of using this Site, you agree that all causes of action arising out of
or connected with this Site shall be resolved individually, without resort to any
form of class action. If for any reason a court of competent jurisdiction finds
any provision of these Terms of Service, or portion thereof, to be unenforceable,
that provision of these Terms of Service will be enforced to the maximum extent
permissible so as to affect the intent of the parties, and the remainder of these
Terms of Service will continue in full force and effect. Failure by Wheelsdealers.com
to enforce any provision of this Terms of Service will not be deemed a waiver of
future enforcement of that or any other provision of these Terms of Service. This
Terms of Service constitutes the entire agreement between the parties regarding
the subject matter hereof. Neither this Terms of Service, nor any terms and conditions
contained herein, shall be construed as creating a partnership, joint venture or
agency relationship or granting a franchise between the parties.
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