Welcome to AutoTrader.com Mobile, a service of AutoTrader.com, Inc. By using this mobile application, you accept the terms of this agreement. This is a legally binding agreement between you and AutoTrader.com; please read it carefully.
- 1. General Provisions
AutoTrader.com respects your privacy. Please take a moment to review our privacy statement.
We invite you to bring to our attention any material on our mobile site that you believe to be inaccurate. Please forward a copy of the material to firstname.lastname@example.org, along with an explanation of your objection.
If you are an owner of intellectual property who believes your intellectual property has been improperly distributed via this mobile application, please notify us by sending an email to email@example.com or by sending a notice by U.S. Mail to: AutoTrader.com Copyright, Dow Lohnes PLLC, 1200 New Hampshire Avenue, NW, Suite 800, Washington, DC 20036, Attn: Jon Hart.
The mobile web is an evolving medium. AutoTrader.com may change the terms of this agreement from time to time. By continuing to use this mobile application following our posting of such changes, you agree to be bound by this agreement, as modified. AutoTrader.com may change, restrict access to, suspend, or discontinue this mobile application, or any portion of this mobile application, at any time.
- 2. Buying and Selling Vehicles
AutoTrader.com Mobile is a vehicle listing and information service that brings together buyers and sellers. Information about a particular vehicle is supplied by the seller, not by AutoTrader.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on AutoTrader.com Mobile 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 come to AutoTrader.com Mobile will act honorably and treat each other fairly, we can't verify the information sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that the check he/she gets from the buyer isn't going to bounce. When using this mobile application to find a vehicle you can buy, we urge you to use the same common sense and good judgment you would use in buying a car through, or responding to, a classified ad in the newspaper.
Please read our fraud awareness before you buy a car through a classified ad, whether on AutoTrader.com Mobile or in your local newspaper. There is no substitute for healthy skepticism and your own good judgment.
In connection with our efforts to combat Internet fraud, we may screen some email messages sent to sellers about vehicles listed on AutoTrader.com Mobile. If it appears that your email message has not reached the seller of the vehicle you're inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
Our used car listings include vehicles that have been "certified" as meeting certain standards established by manufacturers and/or dealers in connection with their pre-owned vehicle programs. The decision to certify any particular vehicle is made by the certifying manufacturer or dealer, and the vehicle information included in AutoTrader.com Mobile's certified vehicle listing is provided by the listing dealer. Neither AutoTrader.com nor the manufacturer is responsible for the accuracy of any information contained in a certified vehicle listing and only the manufacturer or dealer that certifies a vehicle is responsible for the decision to certify that vehicle. You should familiarize yourself with the terms of the applicable certification program before buying any certified vehicle. Our certified ads apply only to vehicles certified by the automobile manufacturers with which we have partnerships.
- 3. Links to Other Sites
For your convenience, we may make available a variety of links to other websites that we don't operate where you can obtain automotive related products and services, including insurance, warranties, financing and inspection services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. AutoTrader.com is not responsible for the products or services these vendors provide. If you choose to purchase an inspection through such a third-party website, remember that an inspection is not a warranty. Although inspections can be of significant value in the purchase of a pre-owned car, an inspection is not a guarantee that the inspected car is free from defects or that the inspectors have identified all existing defects. Before you purchase inspection services, you should confirm with the inspector the location at which the inspection will be conducted, the scope and price of the inspection, and any other information you consider important to your decision. You are responsible for coordinating and arranging for the inspection. You release AutoTrader.com and its affiliates from any damages that you may incur, and agree not to assert any claims against us and them, arising from your purchase or use of third-party supplied products and services.
For your convenience, we make available links to websites operated by car dealerships that list their cars in our online classifieds. Although we may power some of these dealer websites, we are not responsible for any of the content that appears on these sites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our mobile site, or that may be accessible through a link from our mobile site, and you release AutoTrader.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.
- 4. Ownership and Permissions
AutoTrader.com Mobile is made available for your personal, non-commercial use only. The materials on this mobile site are the property of AutoTrader.com or its licensors, and are protected by U.S. copyright and trademark laws, other copyright and trademark laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this mobile site. You may display and occasionally print a single copy of any page on the mobile site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion or distribute copies of materials found on this mobile site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on AutoTrader.com Mobile should be sent to our Customer Service Manager, AutoTrader.com, 5775 Peachtree Dunwoody Road, Atlanta, Georgia 30342 or to firstname.lastname@example.org.
You are free to establish a link to this mobile site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by AutoTrader.com or any of its affiliates. However, without the prior written permission of AutoTrader.com, you may not frame any of the content of AutoTrader.com Mobile, nor incorporate into another website or other service any intellectual property of AutoTrader.com or its licensors. Requests for permission to frame our content may be sent our Customer Service Manager by email at email@example.com or at the address above.
AutoTrader.com® and the AutoTrader.com logo, which are trademarks of TPI Holdings, Inc., are used by AutoTrader.com, Inc. under license from TPI Holdings, Inc., and its licensee, Cox Auto Trader, Inc. The names of other products and services referred to on this mobile site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on AutoTrader.com Mobile without the prior written consent of the owner of the mark. All contents of this mobile site are: Copyright 1998-2010 AutoTrader.com, Inc. and/or its licensors. All rights reserved.
Although AutoTrader.com cannot monitor all the listings on our mobile application, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other materials that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to AutoTrader.com. However, we may occasionally release information when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce this agreement, or to protect the rights, property or safety of visitors to our mobile site, our advertisers, the public or AutoTrader.com. Notwithstanding the foregoing, AutoTrader.com takes no responsibility and assumes no liability for any content posted to our website.
- 5. Disclaimer of Warranties, Limitation of Liability, and Indemnification
IF YOU RELY ON THIS MOBILE APPLICATION OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS MOBILE APPLICATION, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS MOBILE SITE. THIS MOBILE APPLICATION IS PROVIDED TO YOU "AS IS." AUTOTRADER.COM AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS MOBILE APPLICATION (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS MOBILE APPLICATION). NOR DO WE OR THEY GUARANTEE THAT THIS MOBILE APPLICATION WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS MOBILE APPLICATION WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUTOTRADER.COM AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO OUR MOBILE APPLICATION BY ANY PARTY.
UNDER NO CIRCUMSTANCES WILL AUTOTRADER.COM OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS MOBILE APPLICATION OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS MOBILE APPLICATION, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF AUTOTRADER.COM AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS MOBILE APPLICATION WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THIS MOBILE APPLICATION OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
- 6. Registration
To obtain access to certain services via AutoTrader.com Mobile, you will be given an opportunity to register with AutoTrader.com. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register with, or attempt to use, AutoTrader.com Mobile under the name of another person. We reserve the right to disallow use of any user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing AutoTrader.com Mobile through any username/password assigned to you. You will notify AutoTrader.com's Customer Service Manager by email at firstname.lastname@example.org of any known or suspected unauthorized use of your account.
- 7. Miscellaneous
No spamming or data scraping. By using this mobile application, you agree not to use information concerning AutoTrader.com Mobile (including listing information, user names, email addresses, telephone numbers, and/or other information) for any purpose other than to explore the potential purchase of a listed vehicle.
This agreement has been made in, and will be construed in accordance with the laws of, the State of Georgia. By using this mobile application, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia in all disputes arising out of or relating to this agreement or use of this mobile application.
© 2014 AutoTrader.com, Inc. All Rights Reserved.