Read This Terms of Use Agreement Before Accessing Website.
The GoCars website (with all subdomains and sub sites thereof, the "Website") is owned, operated and hosted by Secondary Protocol LLC, P.O. Box 1588, Higley, Arizona 85236-1588.
The Website, including the services and features contained herein, is offered to you, the user ("You," "User" or "Customer"),
conditioned on your acceptance of, and agreement in the manner set forth herein to be bound by, without modification,
all the terms and conditions contained within these GoCars terms of use (the "Terms of Use"). The Terms of Use also apply to any co-branded or framed version of the Website.
By accessing, browsing and/or using the Website, You acknowledge that You have read, understood, and agree,
to be bound by the Terms of Use and the terms of the Policy, which is incorporated by reference into the Terms of Use,
and to comply with all applicable laws, rules and regulations associated with Your use of the Website.
If You do not agree to the Terms of Use, You are not authorized to use the Website. The material provided on the Website is protected by law,
including, but not limited to, United States Copyright Law and international treaties.
The Website is controlled and operated by Secondary Protocol from its offices within the United States.
Secondary Protocol makes no representation that materials available on the Website are appropriate or available for use in other locations,
and access to them from territories where their contents are illegal is prohibited.
Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
Please return to the Website home page and review the Terms of Use from time to time, as they may be amended without notice,
in Secondary Protocol's sole discretion. Any changes to the Terms of Use will be effective immediately upon the posting of the revised Terms of Use on the Website.
Please note that Your use of certain materials and features of the Website may be subject to additional terms and conditions.
By using those materials and features, You also agree to be bound by such additional terms and conditions.
Website Features
In order to use certain features of the Website, You may be required to install or use equipment and software (such as software plugins).
You are responsible for obtaining and maintaining all telephone, computer hardware,
software and other equipment needed for access to and use of the Website and its features and all charges,
including telecommunications charges, related thereto. You are further responsible for ensuring that your equipment
and/or software do not disturb or interfere with the operation of the Website or any other website or service.
Any user, equipment or software causing interference shall be immediately disconnected and we shall have the right
to immediately terminate the right to use and access the Website. Unless explicitly stated otherwise,
any new or additional feature that augments or enhances the current Website, including the release of new products and services, shall be subject to the Terms of Use.
Registration
In order to access certain features at the Website, You may be required to register for a Website account ("Account").
If you opt to register for an Account, You agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form;
and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Website.
If Secondary Protocol has reasonable grounds to suspect that the information You provided on the registration form or otherwise is untrue,
inaccurate or incomplete or your use of the Website is improper, all as determined by Secondary Protocol in its sole discretion,
Secondary Protocol may suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof).
You are responsible for all use of your Account under any screen name or password by any person or entity
and for ensuring that your Account complies fully with the provisions of the Terms of Use.
You will be responsible for protecting the confidentiality of your password. You acknowledge and agree that Secondary Protocol may send You important information
and notices regarding Your account and the Website by email, text messaging (if you opted in to receive this service)
or other means based on the information You provided. You acknowledge and agree that Secondary Protocol
will have no liability associated with or arising from Your failure to maintain accurate information about Yourself,
including, but not limited to, Your failure to receive important information and updates about the Website.
You may be able to access some features of the Website without registering for an Account and in each such case Your identification
may be based on an automated means of identification as Secondary Protocol may determine, in its sole discretion.
Secondary Protocol shall have the right at any time to change or discontinue the Website, and any aspect or feature hereof,
including, but not limited to, available Content (as defined below), features, services and content providers,
hours of availability, equipment needed for access or use and any other capability(ies) of the Website.
Secondary Protocol is Not a Dealer or Seller of Vehicles; Secondary Protocol is an Information Service for Vehicle Data, Condition, Warranty, Price and Payment Quotes
The Website is an informational automotive resource. Most of the Content available at the Website is provided by third party content providers
that have agreed to make their Content available at or through the Website. In no way does Secondary Protocol expressly give
or imply any representations or warranties regarding such third party resources and services.
Such representations are made by those third party content providers, not Secondary Protocol.
The Content and features on the Website is provided for informational purposes, only.
Secondary Protocol is an information service and distributor of Content, not a dealer ("Dealer") or seller ("Seller") of vehicles,
or provider of auto financing or insurance. Secondary Protocol provides an online venue for its users to obtain automobile price
and payment quotes from participating Dealers and independent Sellers and related services through other third party service providers.
Secondary Protocol plays no part in the actual sales transaction and has no control over the quality or safety of the vehicles advertised,
nor the truth or accuracy of the vehicle descriptions (including condition or installed options or equipment),
nor the actual availability of any specific vehicle listed. All quotes are estimates based on information provided by the Dealer or Seller
and may exclude items such as state and local taxes, any state and local governmental charges, registration, license and title fees,
documentary fees, emissions certification fees and any added accessories that You may choose to place on a vehicle.
On occasion, unintentional, but material, errors may occur in the entry of the condition, warranty, pricing
and/or payment data that forms the basis of such quotes or other information about a specific vehicle furnished through the Website.
Because Secondary Protocol is only a distributor of Content, in the event of any type of dispute over a vehicle listed on the Website,
You agree that any reliance on Content provided on the Website is at your own risk, and unconditionally release Secondary Protocol,
its affiliated companies, and each of their respective officers, directors, employees, agents, service providers,
content providers and licensors (the "Secondary Protocol Parties") from any and all claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease, as a Dealer or Seller
is not prohibited from independently negotiating all of the terms and conditions of the final sale or lease.
Any terms, conditions, warranties or representations in a written contract with the Dealer or Seller are legally binding upon You,
and not Secondary Protocol, which is not a party to the purchase or lease and makes no representations or warranties,
implied or otherwise, with respect to any vehicles, including, without limitation, the condition of vehicles listed on the Website.
Vehicle Listings
Vehicle listing is a service made available by GoCars. Those who offer vehicles for sale at the Website must have a bona fide intention,
and must be prepared to sell the vehicles they advertise at the prices and upon the terms they advertise in connection with such vehicles.
Sellers must have possession of the actual vehicles listed and the ability to transfer title.
To list a vehicle for sale on GoCars, Sellers are required to provide certain identifying and contact information.
This information must accurately identify the Seller and the method of contact must permit buyers to communicate directly with the Seller
without any alteration to the content of their communications. These vehicle listings are available to those who want to list their vehicles for sale.
Secondary Protocol reserves the right to deny use of the vehicle listing service to anyone who it believes has violated these Terms of Use or any vehicle listing terms and conditions.
Modifications and Interruption to Service
GoCars reserves the right to modify or discontinue the Service with or without notice to the Member.
GoCars shall not be liable to Member or any third party should GoCars exercise its right to modify or discontinue the Service.
Member acknowledges and accepts that GoCars does not guarantee continuous, uninterrupted or secure access to our website
and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third Party Content, Services and Websites
The Website may contain Content, advertising and information about third party products and services, and hyperlinks to other third party websites,
products and services that are not controlled or maintained by us, including, without limitation, auto financing lenders, DMV kits, Dealers and Sellers.
You agree that Secondary Protocol is not responsible for such Content, advertising, information, privacy policies, products, services,
or other materials on the Website or available from such hyperlinked websites. Secondary Protocol inclusion of such Content at the Website and hyperlinks
to such websites does not imply any endorsement of the Content or materials on such websites. Use of any products and services advertised
or promoted on the Website and the websites linked to the Website is at Your own risk.
We encourage You to note when You leave the Website and to read the terms of use of such other websites.
With respect to most of the Content available at the Website, Secondary Protocol is a distributor (and not a publisher) of such Content since the Content is supplied by third parties.
Accordingly, Secondary Protocol has no more editorial control over such Content than does a public library, bookstore, or newsstand.
Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties,
are those of the respective content providers and not of Secondary Protocol. Neither Secondary Protocol nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose.
Secondary Protocol neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
Under no circumstance will Secondary Protocol be liable for any loss or damage caused by any user's reliance on information obtained through the Website.
It is the responsibility of each Website user to evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other Content available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information,
opinion, advice or other Content.
User Material Submission Guidelines
Eligibility: Secondary Protocol may permit written, photographic, video or other material to be submitted by You and other users,
including but not limited to user-generated audiovisual content and blog, chat room and forum postings (collectively,
"User Submissions") through the Website via email or via any other means, and Secondary Protocol may also permit the hosting, sharing,
and/or publishing of such User Submissions. In order to submit a User Submission on the Website,
You must be a legal resident of the 50 United States, or the District of Columbia or the foreign country who is of legal age of majority
in Your jurisdiction of residence (and at least 18 years of age). You understand that whether or not such User Submissions are published or otherwise used,
Secondary Protocol does not guarantee any confidentiality with respect to any submissions to the Website.
Submission Specifications: By making a submission to the Website (including, without limitation, any video submissions),
You agree and represent that such User Submission is original with You and accurate and that You own all right,
title and interest in any User Submission You submit to us and any elements You include in the User Submission (such as photographs,
footage and the like). You may be required to provide documentation in a form acceptable to us evidencing such rights.
You also agree that Your User Submission: (i) does not violate, and its use will not violate,
the rights of any third party or any applicable law or ordinance; (ii) is not pornographic, obscene, indecent, profane, threatening,
harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way,
and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national
or foreign law, including any right of publicity, right of privacy or any other proprietary right of another;
(iii) does not promote any activities that may appear unsafe or dangerous; (iv) does not promote alcohol,
illegal drugs, tobacco, firearms/weapons (or the use of the foregoing); (v) does not post advertisements or solicitations of business;
(vi) does not contain copyrighted materials or trademarks, logos, or trade dress owned by others;
and (vii) does not contain materials embodying the names, likenesses, voices, or other indicia identifying any person including,
without limitation, celebrities and/or other public or private figures (or using look-alikes of the same), living or dead.
You agree not to: (i) use the Website, the Content (including, without limitation, the User Submissions),
or any products or services included on or available through the Website for any unlawful purpose;
(ii) restrict or inhibit any other user from using and enjoying the Website, including by means of disrupting the normal flow of dialogue,
causing a screen to "scroll" faster than other users of the Website are able to type, hacking or defacing any portion of the Website,
introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file,
or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment,
or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;
(iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes
or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity,
or misrepresent Your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce
or circumvent the navigational structure or presentation of the Website or any Content on the Website. You agree not to solicit,
for commercial purposes, any users of the Website with respect to their User Submissions.
Secondary Protocol may reject any User Submission it determines does not to meet any of the criteria set forth above.
Also, Secondary Protocol reserves the right not to accept any User Submission for any reason, or no reason at all,
in its sole discretion, including but not limited to a determination by that the User Submission is appropriate for the Website.
Secondary Protocol will not advise You as to the reason why Your User Submission has not been accepted.
Secondary Protocol may elect to post User Submissions that Secondary Protocol believes do not violate the intent or purpose
of the Terms of Use (e.g., incidental or insignificant uses of trademarks, logos, or copyrighted items)
and/or other otherwise make use of User Submissions as provided under these User Submission Guidelines.
Secondary Protocol reserves the right, but undertakes no duty, to review, edit, move or delete any material (including,
without limitation, the User Submissions) provided for display or placed on the Website, in Secondary Protocol sole discretion.
Ownership and Use of User Submissions: If You submit a User Submission to the Website,
You hereby grant to Secondary Protocol and its designee a perpetual, irrevocable, non-exclusive, fully-paid up, royalty free,
sublicenseable and transferable license to use the User Submission for all purposes, in any and all media now
or hereafter known throughout the universe without restrictions of any kind or any approvals or consents required from You
or any third party. For example, the above license grant permits Secondary Protocol and its designees to use all
or only certain portions of Your User Submission, modify any audio tracks or visual images You provide,
and/or incorporate other materials, either created by Secondary Protocol or licensed from others, with Your User Submission.
If Secondary Protocol creates other works using Your User Submission, those works will be owned by us
and may be used in accordance with the Terms of Use, and shall not be subject to Your further approval
or give rise to any obligation on the part of Secondary Protocol to account to you or pay you for use.
You also hereby grant each user of the Website a non-exclusive license to access Your User Submissions through the Website,
and to display and perform such User Submissions as permitted through the functionality of the Website and under the Terms of Use.
You will not have any claim against us with respect to such use of the User Submissions, and to the extent,
a claim is made against us or any of our licensees by any third party with respect to the User Submissions,
You agree to indemnify and hold the Secondary Protocol Parties harmless with respect to any such claims, including,
without limitation, attorneys' costs and expenses incurred in connection therewith.
You may request removal of a User Submission that has been posted on the Website by following the "Take-Down Procedure" below.
After receipt of Your request for removal, Secondary Protocol will endeavor to remove the User Submission; however,
Secondary Protocol will have no liability to You or anyone else resulting from our failure or refusal to remove a User Submission.
If it is determined that You have, at any time, violated any of the foregoing provisions,
You may thereafter be barred from submitting or posting any further material on the Website or using
or accessing our interactive communication tools, and Secondary Protocol may pursue any remedies available under the Terms of Use or at law.
When You submit a User Submission, You understand that Secondary Protocol will have the right, but not the obligation,
to use, display and publish Your name, photograph, likeness, voice, performance, biographical information and/or statements,
throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising
and promotional purposes by Secondary Protocol and its related entities. If Secondary Protocol makes use of any of the foregoing rights,
You understand and agree that You shall not receive any other consideration, or payment, notification or credit,
nor will You have any approval over how Secondary Protocol uses the foregoing rights.
Regulatory Compliance and Take Down Procedure
Secondary Protocol cooperates with any law enforcement authorities and complies with any judicial order requesting
or directing Secondary Protocol to disclose any information we have about the identity of anyone uploading, downloading, or posting materials,
or otherwise using the Website in violation of any applicable federal, state, or local laws. Secondary Protocol respects the intellectual property of others.
If You believe that Your work has been copied in any way without Your permission (including as part of a User Submission),
please provide the following information (i.e. invoke the "Take Down Procedure") to our Agent to Receive Notification
of Claimed Copyright Infringement identified below. Your notice must contain the following:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work You claim has been infringed;
- A description of the work You claim has been infringed;
- Identification of the work You claim infringes the copyrighted work and a description of where it is located on the Website;
- Your address, telephone number and email address;
- A statement by You that You have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
- A statement by You, under penalty of perjury, that the above information in Your notice is accurate
and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached by emailing support@gocars.org.
Discontinuation and Modification of Acceptance of User Submissions: Secondary Protocol reserves the right at any time
and from time to time to discontinue, temporarily or permanently, the acceptance of User Submissions
and/or Your ability to access User Submissions with or without notice in its sole discretion.
You agree that Secondary Protocol shall not be liable to You or to any third party for any suspension or discontinuance of acceptance of User Submissions.
Monitoring
Secondary Protocol shall have the right, but not the obligation, to monitor the content and user traffic of the Website,
including chat rooms and forums, to determine compliance with the Terms of Use and any other terms and conditions
established by Secondary Protocol and to satisfy any law, regulation or authorized government request.
Secondary Protocol shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to
or posted on the Website. Without limiting the foregoing, Secondary Protocol shall have the right to remove any material that Secondary Protocol,
in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Privacy
Secondary Protocol is committed to respecting Your privacy and protecting Your personally identifiable information.
Any information Secondary Protocol may collect through Your use of the Website is subject to the GoCars Privacy Policy.
Proprietary Rights and License
The Website is for Your personal and non-commercial use, only. The right to use the Website is not transferable to any other person or entity.
You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate Content received through the Website to anyone,
including but not limited to others in the same company or organization without Secondary Protocol's express prior written consent.
You also agree that You will not use any robot, spider, software, routine, meta-search, automated query or device,
or manual process to bypass security measures or to monitor or copy content contained on the Website, or for any other unauthorized purpose,
without the prior expressed written permission of Secondary Protocol. You also agree that You will not interfere
or attempt to interfere with the proper working of the Website, including attempting to access data not intended for you
or for which you are not authorized to access; attempting to probe, scan or test vulnerabilities to breach security; attempting
to interfere with the Website by submitting viruses, forging TCP/IP packet or other header information; flooding, spamming,
mail bombing, or attempting to overload or crash the Website; or by taking any action that may impose an unreasonable
or disproportionately large load on the infrastructure supporting the Website.
All materials on or available through the Website, including, without limitation, names, logos, trademarks, images, text, columns,
graphics, photographs, illustrations, artwork, software, clips and other elements making up the Website (collectively, "Content")
are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us
or by other parties that have licensed or otherwise provided their materials to Secondary Protocol.
Certain of the Content available on the Website for your use are materials owned by Secondary Protocol
or under license to Secondary Protocol ("Secondary Protocol Materials"). You are hereby granted a license to use, display, perform, redistribute
and otherwise exploit the Secondary Protocol Materials, solely to the extent permitted hereunder, which license is granted on a royalty-free,
revocable, non-sublicensable, not-transferable and non-exclusive basis ("License") that is conditioned upon your complying with the following restrictions
and such other terms set forth in the Terms of Use. You may not alter or edit the Secondary Protocol Materials,
or combine the Secondary Protocol Materials with other materials in any way. You may not offer or impose any terms
on the Secondary Protocol Materials that alter or restrict the terms of the License or the Terms of Use.
You may not sublicense, assign or sell the Secondary Protocol Materials. You must keep intact all notices that refer to the License
and to any disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Secondary Protocol Materials
with any technological measures that control access or use of the Secondary Protocol Materials in a manner inconsistent with the terms of the License
or the Terms of Use. You must keep intact all copyright and other notices that appear on the Secondary Protocol Materials.
Certain of the other available Content on the Website (including User Submissions (as defined below))
are materials uploaded to the Website by third parties ("Restricted Materials"). You acknowledge and agree that the Restricted Materials
are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on the Website,
none of the Restricted Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way,
or otherwise used for any purpose, by any person or entity. Any rights not expressly granted in the Terms of Use are retained by Secondary Protocol or its respective licensors.
Trademarks
You have no right to use any names, marks, logos, copyright titles, trademarks, service marks or other property of a Secondary Protocol Party,
except as expressly provided herein. Any other trademarks or service marks and associated logos found herein are the trademarks
or service marks of their respective owners in which You likewise have no rights. All rights not granted herein are hereby expressly reserved by Secondary Protocol and its licensors.
Select Disclaimers Regarding Certain Features Available at the Website
Vehicle Inventory: None of the vehicles listed on the Website are offered by Secondary Protocol and Secondary Protocol offers no express
or implied warranty on any vehicle. Vehicles displayed for sale on the Website should be assumed to be sold with
or without warranty from the Dealer or Seller. Unless stated otherwise, all vehicles should be assumed to be sold "as-is",
with all faults and without warranty, express or implied. All express or implied representations regarding a vehicle
are that of the dealer or seller and not Secondary Protocol. The Dealer or Seller is solely responsible for ensuring each vehicle
meets minimum state and federal standards applicable for the model and year of vehicle prior to its sale, including all local,
state and federal emissions and safety standards applicable for the model and year of vehicle.
Vehicle Availability and Prices: Secondary Protocol does not guarantee vehicle prices or availability.
All vehicle descriptions and prices provided to You either on our Website or via separate contact following your submission of
a purchase request are made by the participating Dealer or Seller possessing the desired vehicle and not by Secondary Protocol.
All vehicle prices and descriptions listed as available on our Website are established and electronically placed
there by the participating Dealer or Seller who owns the vehicle and not by Secondary Protocol.
All vehicles are subject to prior sale and may not be available when your request is processed.
All prices and terms are believed to be accurate on date of publication, only. All data and information used in our research tools for
configuring vehicle information, selecting options, determining pricing, invoice or incentives on the Website are supplied
by third party vendors for informational and educational purposes only and are not intended to be binding on Secondary Protocol or the participating Dealer.
All tools appearing on the Website that allow for configuring vehicles with different options do so with such items that are
typically available from the manufacturer and are typically available at local dealerships and may not be indicative
of all of the configurations and equipment available on the vehicle being configured or the exact price(s) for
a vehicle so equipped. Secondary Protocol will attempt to locate a vehicle based on your request by searching through inventories
provided by participating Dealers. All vehicles are subject to availability and final pricing from the Dealer and not Secondary Protocol.
Any discrepancies or mistakes made regarding vehicle availability, condition or pricing are not the responsibility of
Secondary Protocol and should be directed to the Dealer or Seller responsible for providing the information.
We do not guarantee either expressly or by implication that we will find a vehicle that meets your specifications.
Exact matches can be extremely difficult to find because of geographic location, vehicle popularity, and limited production or factory-to-dealer allocations.
Credit Evaluation: You may have the option of obtaining information from and using a third party lender through the Website.
You acknowledge that Secondary Protocol does not provide auto financing. You may elect, in Your sole discretion, to apply for vehicle financing through such lender.
Please note that the information you supply as part of a credit application is in fact collected directly by the lender on
a form hosted by such lender or its service provider. Secondary Protocol does not receive such information.
Estimates of payment amounts, interest rates and other financing information provided to You on the Website is for informational
and educational purposes only and shall not be considered as final. Your actual payment will be based upon, among other things,
the results of an independent credit evaluation, current prevailing interest rates, the length and amount of the loan requested, and the sales tax rate applicable to You.
You are also not required to participate with the additional credit services that are offered on the Website. As an informational Website,
Secondary Protocol may also have hyperlinks to outside companies to help You understand your own credit situation.
Any representations made on behalf of those credit resources on the Website are made by those respective companies and not by Secondary Protocol.
By using those services, You are subject to the terms and conditions that those companies have in place.
It is your responsibility to read and understand their privacy policies, terms and conditions and other policies
those companies practice before giving personal information and/or participating in their programs.
Insurance Representations: You may have the option of obtaining information regarding insurance products and representations that appear on the Website,
which is provided to Secondary Protocol from independent third party providers and republished for educational benefit.
Secondary Protocol is not an insurance broker acting on behalf of any consumer, nor is Secondary Protocol acting as an agent for a particular insurance company.
Secondary Protocol is an information service where consumers may review a number of different automobile products on the market today.
The insurance coverage presented by participating insurers are designed to meet the insurance needs of a majority of consumers.
Your particular circumstances may differ and thus may require additional information. By supplying these information resources,
Secondary Protocol is not making any recommendations or providing any advice as to whether or not any particular insurance coverage
is suitable for your individual circumstance. Secondary Protocol does not endorse or recommend any specific insurance company or coverage plan.
Your decision to select any particular insurance company and coverage plan should be based upon your own assessment
of your individual needs and the amount of insurance coverage that meets those needs. All premiums displayed are estimates and not guaranteed.
Limitations of Liability; Disclaimers
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NO SECONDARY PROTOCOL PARTY MAKES ANY REPRESENTATIONS
OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE, THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE.
SECONDARY PROTOCOL AND/OR ITS CONTENT AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT,
SOFTWARE, PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH CONTENT, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED
ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. SECONDARY PROTOCOL AND/OR ITS CONTENT
AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT, SOFTWARE, PRODUCTS AND SERVICES,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE CONTENT, SOFTWARE, PRODUCTS AND SERVICES DISTRIBUTED ON OR THROUGH THE WEBSITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN ADDITION, CHANGES ARE PERIODICALLY MADE TO THE CONTENT, SOFTWARE, PRODUCTS AND SERVICES.
IN NO EVENT SHALL SECONDARY PROTOCOL AND/OR ITS CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY
TO USE THE WEBSITE, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THE WEBSITE,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SECONDARY PROTOCOL OR ANY OF ITS CONTENT OR SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE SECONDARY PROTOCOL PARTIES EXCEED THE AMOUNTS PAID BY YOU TO SECONDARY PROTOCOL
TO ACCESS THE WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
YOU SPECIFICALLY ACKNOWLEDGE THAT SECONDARY PROTOCOL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE,
THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.
Termination
Either Secondary Protocol or You may terminate the Terms of Use at any time. Without limitation of the foregoing, Secondary Protocol
may immediately terminate Your account and use of the Website in the event of any of Your conduct which Secondary Protocol,
in its sole and absolute discretion, considers to be unacceptable or in breach of the Terms of Use or any applicable law
or regulation or which does or may tend to expose Secondary Protocol, a content or service provider or licensor to any liability.
The provisions of the Terms of Use shall survive any termination of the Terms of Use for any reason, including, without limitation,
indemnification obligations, disclaimers and limitations of liability.
Secondary Protocol may terminate Your access to or terminate in general any content, features, and/or services on the Website, in whole or in part, at any time with or without notice to You.
Rufund
Due to the nature of the services we provide all sales are final and no refunds will be issued.
Indemnification
You agree to defend, indemnify and hold any and all Secondary Protocol Parties harmless from and against any and all claims, demands,
liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from Your use
of the Website and/or Your breach of any warranties, representations and agreements set forth in the Terms of Use, including,
without limitation, any unauthorized use of Content (including the User Submissions).
Infringement and Regulatory Complaints
The Terms of Use are governed by the laws of the State of Arizona, USA. You hereby consent to the exclusive jurisdiction and venue of courts
in Maricopa County, Arizona, USA, in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Secondary Protocol as a result
of the Terms of Use or use of the Website. Secondary Protocol‘s provision of the Website is subject to existing laws and legal process,
and nothing contained in the Terms of Use are in derogation of Secondary Protocol's right to comply with law enforcement requests
or requirements relating to your use of the Website or information provided to or gathered by Secondary Protocol with respect to such use.
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use will continue in full force and effect.
The Terms of Use constitute the entire agreement between the User and Secondary Protocol with respect to the Website
and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written,
between the User and Secondary Protocol with respect to the Website. A printed version of the Terms of Use and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use
to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Questions regarding the GoCars Terms of Use and GoCars Privacy Policy can be sent to: support@gocars.org.
