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OpenCarPrice.com Website Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

These Terms of Use describe the terms and conditions under which you, the user, are granted the right to use the website OpenCarPrice.com. ("the Website").

USER AGREEMENT

BY USING THIS WEBSITE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE WEBSITES. Your use of this Website is contingent on the foregoing agreement, and if you do not agree, you must cease using the Website. Your electronic acceptance of these Terms of Use and other posted policies through your use of this Website shall have the same force and effect as if you had actually signed an agreement embodying these terms. OpenCarPrice.com may change these Terms of Use at any time by posting changes on this page of the Website. It is your responsibility to review these Terms of Use prior to each use of the Website. By continuing to use the Website, you agree to any such changes.

WEBSITE AND CONTENT

Website Access

We may change, suspend or discontinue availability of any aspect of the Website at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Website without notice or liability. In addition, the Website contains links to other Internet sites, resources, and sponsors or advertisers on the Website. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site.

Personal Non-Commercial Use

This Website is for your personal and noncommercial use only. You may download or copy the content on this Website for personal use, but only if you preserve and display all copyright and other notices relating to that content. Any other use of the content is prohibited without prior written permission from OpenCarPrice.com, or the copyright owner of the content.

Automated Systems and Search Engines

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the OpenCarPrice.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, OpenCarPrice.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. OpenCarPrice.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submitted Media.

USER CREATED CONTENT

Submissions

By submitting any material (text, photos, and other content) to OpenCarPrice.com either through the Website or physical delivery, you grant to OpenCarPrice.com and its affiliates the irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sub licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose, the content submitted by you with no monetary compensation at any time. By making any submission, you waive any moral rights you may have if the materials are changed in a manner not agreeable to you. OpenCarPrice.com has no obligation to provide attribution for any content you post. If you do not agree to these terms, do not submit any content. Nothing in these Terms of Use prohibits you from redistributing or selling your original content to other parties.

You are solely responsible for all content that you post, comment or otherwise make available through the Website. For all content provided by you, you agree to indemnify OpenCarPrice.com Media and its affiliates as provided in Legal Terms below.

Content Submission Rules and Restrictions

By submitting any content, you represent and warrant that: (i) you either own the content or have all necessary rights to use and submit it; (ii) all information you provide is true, accurate and complete, and does not violate these Terms of Use or the terms of any third party license; and, (iii) the content will not cause injury, embarrassment or harm to any person or entity.

You agree not to submit any content that:

- is libelous, defamatory, obscene, pornographic, or otherwise illegal;
- is threatening, abusive or disruptive to other users (including without limitation repetitive, meaningless messages, personal attacks, content constituting spam, etc.)
- abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc.
- infringes any party's intellectual property rights, including without limitation copyrights and trademarks;
- violates any applicable law, or violates any party.s rights; or
- offers or advertises any goods, or services or solicits any funds or consideration.

In addition, you agree not to contact any users of the Website (including through off-line communication) for the purpose of threatening, harassing or abusing them due to their content submissions on the Website.

You are solely responsible for the content you submit. OpenCarPrice.com does not and cannot review every submission made and is not responsible for the content of any submissions. However, content that is deemed inappropriate or in violation of these Terms of Use, in OpenCarPrice.com's sole discretion, will be removed from public view. You may contact us if you disagree with any removal (see Contact Us below); however, all decisions regarding content and compliance with these Terms of Use will be determined by OpenCarPrice.com in its sole discretion. If you disagree with these conditions, do not submit any content.

WEBSITE REGISTRATION

Registration

Some areas of the Website may require registration in order to gain access or submit content. You may not create more than one account unless expressly permitted in the registration rules. If you create multiple accounts, you are prohibited from creating the appearance that multiple accounts controlled by you are in fact all different individuals.

Termination

You agree that at our sole discretion, and in our sole judgment, we or our agent may terminate your account at any time with or without cause.

Termination for cause may include, but is not limited to:

- Violations of these Terms of Use
- Violations of other posted rules of conduct
- Violations of law or intellectual property rights
- Harassment or belittling conduct toward individuals, companies or other third parties

Users who are terminated are prohibited from creating new accounts without prior written consent of OpenCarPrice.com. Users who are terminated for cause may apply for a new account after more than 30 days has passed, and OpenCarPrice.com will determine in its sole discretion whether to reinstate.

LEGAL TERMS

No Representations or Warranties as to Website

THE WEBSITE AND ALL CONTENT PROVIDED BY OPENCARPRICE.COM OR ITS AFFILIATES, OR ITS THIRD PARTY PROVIDERS IS DISTRIBUTED ON AN "AS IS" BASIS. OPENCARPRICE.COM AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OPERATION OF THE WEBSITE (OR SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE) WILL BE UNINTERRUPTED OR ERROR FREE AND DO NOT PROVIDE ANY WARRANTY AS TO THE USE, SUFFICIENCY OR ACCURACY OF ANY CONTENT. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES AS TO PRODUCTS AND SERVICES PROVIDED BY OPENCARPRICE.COM, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY OPENCARPRICE.COM, ITS AFFILIATES, ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL OPENCARPRICE.COM OR ITS AFFILIATES (OR THEIR DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR LOST PROFITS OR LOST DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING FROM YOUR USE OF THE WEBSITE, ANY APPLICATIONS AVAILABLE THROUGH THE WEBSITE, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE. IN ADDITION, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OPENCARPRICE.COM AND ITS AFFILIATES. LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE PRODUCT OR SERVICE ACCESSED BY YOU, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU FOR THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM OPENCARPRICE.COM OR ITS AFFILIATES, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree at your expense to indemnify and hold harmless, OpenCarPrice.com and its affiliates and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims, suits, actions and investigations, and any costs, expenses, liabilities or damages therefrom (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (a) your use of the Website; (b) OpenCarPrice.com or its affiliates' use of any content or information you provide, as long as our use is not inconsistent with these Terms of Use; (c) information or material posted or transmitted through your registration account or user ID, even if not posted by you; and, (d) any violation of these Terms of Use by you (collectively "Claims").

OpenCarPrice.com reserves the right to select counsel and conduct the defense or settlement of any such Claims, which shall not relieve you of your obligation to indemnify as provided above.

Governing Law and Venue

The agreement regarding these Terms of Use has been made in and shall be construed and enforced in accordance with the laws of the State of California, without regard to its principles of the conflicts of law. Any action to enforce this agreement shall be brought in the federal or state courts located in the State of California, and you hereby waive any objections to such action. Any cause of action you may have with respect to the Website or these Terms of Use must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Copyright Violations

OpenCarPrice.com, pursuant to 17 U.S.C. Section 512, OpenCarPrice.com has implemented procedures for receiving notification of claimed infringements and for processing such claims in accordance with the Act. Notification of claimed infringement should be sent to: legal@opencarprice.com.

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the Company-designated agent, listed above, and must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

B. 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. Similarly, for other types of infringing materials, a list of such materials.

C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.

D. Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and/or electronic mail address.

E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

CONTACT US

If you have any questions about these Terms of Use, please E-mail us at: legal@opencarprice.com and insert only the words "Re: Terms of Use" in the subject line header of the email.