DREAMCARXCHANGE.COM

Terms of Use

Last Modified: November 13, 2018

Introduction and Agreement 

These terms of use are entered into by and between you and DreamCarXchange, LLC (”Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), constitutes an agreement between you and the Company which will govern your access to and use of: (i) this website, located at www.dreamcarxchange.com, including any content, functionality, and services offered on or through www.dreamcarxchange.com (the “Website”), and (ii) our online and/or mobile services, and software provided on or in connection with the services offered on or through the Website (collectively, and together with the Website, the “Service”). Please read these Terms of Use carefully before you start to use the Service. For the avoidance of doubt, notwithstanding anything in these Terms of Use to the contrary, the parties acknowledge and agree that these Terms of Use, including, without limitation, with respect to the provisions set forth under the headings “Governing Law” and “Dispute Resolution; Arbitration”, are solely a contract between you and the Company and expressly do not govern any sale, transaction, or other relationship between you and any other user of the Service (each, a “User,” and collectively, the “Users”). These Terms of Use and our Privacy Policy (as defined below) apply to all Users, including visitors and others who access the Service for any reason. By accessing or using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you signify that you have read, understood and agree to be bound and abide by these Terms of Use and our privacy policy, found at https://dreamcarxchange.com/privacy-policy/, which is incorporated herein by reference and made a part hereof (our “Privacy Policy”). If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Service.

PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU ARE ENCOURAGED TO READ THESE TERMS OF USE CAREFULLY TO ENSURE THAT YOU UNDERSTAND AND ACCEPT EACH PROVISION.

Changes to the Terms of Use 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set out in the sections titled “Governing Law” and “Dispute Resolution; Arbitration” will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website. Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

About DreamCarXchange.com

The Company, through the Service, provides an online market for the listing, auction and trade of vehicles and other automotive items as well as for the exchange of related information by its Users, which include, among others, Users who submit vehicles or other automotive items for listing on the Service for auction or trade as a seller (in such capacity, a “Seller”) and Users who submit bids for the purchase or trade of vehicles or other automotive items posted for auction or trade on the Service as a buyer (in such capacity, a “Buyer”). THE COMPANY IS NOT A BROKER OR DEALER OF VEHICLES. AS SUCH, IT DOES NOT BUY, TRADE, EXCHANGE, SELL OR OFFER FOR SALE ANY VEHICLES AND IT DOES NOT ACT AS A NEGOTIATOR FOR THE PURCHASE, SALE, TRADE OR EXCHANGE OF ANY INTEREST IN ANY VEHICLE THAT IS LISTED FOR AUCTION OR TRADE ON THE SERVICE. IN ADDITION, THE COMPANY DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR AUCTION OR TRADE ON THE SERVICE. THE COMPANY IS NEVER A PARTY TO ANY TRANSACTION BETWEEN A BUYER AND A SELLER AND IT DOES NOT PROVIDE ANY OTHER ANCILLARY PRODUCTS OR SERVICES RELATED TO THE BUYING OR SELLING OF VEHICLES, SUCH AS VEHICLE FINANCING, REGISTRATION/TITLING, TRANSFER, ESCROW OR OTHER SIMILAR SERVICES.

Eligibility

The Service is offered and available to users who are 18 years of age or older and is solely directed to individuals, companies, or other entities located in the United States or any of its territories or possessions and who have not been suspended or removed from the Service by the Company for any reason. The Service is controlled and operated from facilities located in the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. By accessing or using the Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

Limited License

Subject in all respects to the terms and conditions set forth in these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferrable, freely-revocable license to use the Service as permitted by the features of the Service. The Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason.

Company Account and Account Security

By registering to use the Service, an account (“User Account”) will be established for your personal use, which User Account will give you access to some or all of the services and functionality that we may offer from time to time and in our sole discretion as part of the Service. We may maintain different types of User Accounts for different types of Users. For Users establishing an account on behalf of a company, organization or other legal entity, then for all purposes of these Terms of Use, (i) the term “you” will be deemed to include you and that legal entity, (ii) you represent and warrant that you are an authorized representative of such entity with the authority to bind such entity to these Terms of Use, and (iii) you agree to these Terms of Use on behalf of such entity.

To create or access your User Account or to access the Service or some or all of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide to the Service is correct, current, and complete. You agree that all information you provide to register with the Service or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your User Account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password, or other security information. When creating a password to access the Service through your User Account, we encourage you to use passwords that use a combination of upper and lower case letters, numbers and symbols. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security relating to your User Account or the Service. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR USER ACCOUNT. You also agree to ensure that you exit from your User Account at the end of each session. You should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

We reserve the right to withdraw, amend or terminate the Service or any features or functionality of the Service, and any service or material we provide as part of the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered Users.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT, AND UNDER NO CIRCUMSTANCES WILL BE, A PARTY TO ANY AGREEMENT OR CONTRACT BETWEEN A BUYER AND A SELLER FOR THE SALE OR TRADE OF ANY VEHICLE LISTED FOR AUCTION THROUGH THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. THE COMPANY WILL HAVE NO LIABILITY FOR YOUR INTERACTIONS WITH OTHER USERS, OR FOR ANY USER’S ACTION OR INACTION.

By registering for the Service and providing the Company with your email address, you consent to our using your email address to send you notices concerning the Service, including any notices required by law, in lieu of sending communications by postal or other parcel delivery or courier service. You also consent to our use of your email address to send you other messages, including changes to the Service, special offers, and newsletters. You may unsubscribe to any such messages using the link provided at the bottom of the email message.

Our Proprietary Rights

Except for User Content (as defined below), the Service, including the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Company Content”) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Service for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Service, including any materials provided on the Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material made available through the Service, including on the Website, other than that set out in this section, please address your request to: notify@dreamcarxchange.com. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service, including the Website or any content on the Website, is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term DREAMCARXCHANGE, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans used in the Service or on the Website are the trademarks of their respective owners.

The Listing Process

     Auction Listings

A Seller seeking to list a vehicle for auction through the Service (an “Auction Listing”) must submit the vehicle (the “Auction Vehicle”) for consideration by clicking here https://dreamcarxchange.com/auction-your-dreamcar/ and provide the Company with a minimum price at which the Seller will agree to a sale or trade, as applicable, for the Auction Vehicle (the “Reserve Amount”). If the Seller is willing to accept the highest bid, regardless of the amount, the Seller can set the Reserve Amount to be zero dollars ($0.00) or “no reserve”. If the Seller’s submission is accepted for listing on the Service, they will be charged a listing fee determined in accordance with our Pricing and Payment Terms, which can be reviewed by clicking here https://dreamcarxchange.com/pricing-and-payment-terms/. Once the listing submission has been accepted, the Seller will work with us to prepare and approve the auction ad for listing on the Service. At the time of submission of an Auction Listing, the Seller will have the option to receive (i) only cash bids for the Auction Vehicle (a “Cash Listing”), or (ii) if the Seller is willing to consider a trade of another vehicle in full or partial satisfaction of the purchase price for the Auction Vehicle, bids that are either cash or some combination of cash and/or a trade vehicle (a “Trade-Eligible Listing”).

     Cash Listing Auctions

Each Cash Listing auction will be open for bidding for a fixed number of days as determined by the Company at the time the Cash Listing is accepted (the “Cash Auction Period”). During the Cash Auction Period, any User who has provided their payment information to the Service (a “Registered User”) will be eligible to bid on the Auction Listing as many times as they choose throughout the Cash Auction Period, as long as each new bid is more than the current bid plus the minimum bid increment listed in the bidding area for that Auction Listing.

     Trade-Eligible Listing Auctions

Each Trade-Eligible Listing auction will be open for bidding for a fixed number of days as determined by the Company at the time the Trade-Eligible Listing is accepted (the “Trade-Eligible Auction Period,” and, together with the Cash Auction Period, the “Auction Period”). During the Trade-Eligible Auction Period, Registered Users will have the opportunity to submit bids that may, but are not required to, include the offer of one or more vehicle(s) in full or partial payment for the Auction Vehicle. In order for a Registered User to submit a bid that includes a vehicle that they would like to offer (a “Trade-Offered Vehicle”) in full or partial satisfaction of the purchase price for the Auction Vehicle, they must first provide us with the same information about the Trade Offered Vehicle that would be required of a Seller offering a vehicle through an Auction Listing. In order to be considered as a valid Trade-Offered Vehicle, we must receive all required information concerning the Trade-Offered Vehicle no later than seven (7) days prior to the end of the Trade-Eligible Auction Period (the “Trade Offer Deadline”). Once the information concerning the Trade-Offered Vehicle has been provided to us, we will provide the details of the Trade-Offered Vehicle, the bid and the Registered User making the bid (the “Trade Bidder”) to the Seller for their consideration.

If the Seller is willing to accept the Trade-Offered Vehicle in full or partial payment for the Auction Vehicle, the Seller and the Trade Bidder will negotiate privately through the Service in an effort to reach an agreed trade value of the Trade-Offered Vehicle (the “Trade Value”). If the Seller is willing to accept the Trade-Offered Vehicle in full or partial payment of the purchase price for the Auction Vehicle and the Seller and the Trade Bidder reach an agreement as to the Trade Value of the Trade-Offered Vehicle, then the aggregate value of the Trade Bidder’s bid for the Auction Vehicle will be equal to the agreed upon Trade Value of the Trade-Offered Vehicle plus the amount, if any, of additional cash consideration that the Trade Bidder is offering to the Seller in exchange for the Auction Vehicle. If the Seller and Trade Bidder cannot agree on the Trade Value of the Trade-Offered Vehicle or if the Seller is unwilling to accept the Trade-Offered Vehicle in full or partial payment for the Auction Vehicle, then the Trade Bidder is still free to make an all-cash bid for the Auction Vehicle or offer a different vehicle to serve as the Trade-Offered Vehicle in the auction.

Registered Users wishing to bid on an Auction Vehicle offered through a Trade-Eligible Listing that do not have a Trade-Offered Vehicle to offer in full or partial satisfaction of the purchase price for the Auction Vehicle are free to make all-cash bids for the Auction Vehicle.

     Bidding

Subject to the requirements described above for Trade-Eligible Listings, Registered Users are eligible to bid on any Auction Listing as many times as they choose throughout the Auction Period, as long as each new bid is more than the current bid plus the minimum bid increment listed in the bidding area for that Auction Listing.

     Completing the Auction Transaction

Subject to the requirements described above for Trade-Eligible Listings, Registered Users will be free to place bids for the Auction Vehicle at any time until the end of the Auction Period. In the event a new bid is received during the last two (2) minutes of the Auction Period, the auction will be automatically extended for an additional two (2) minutes to allow any other bidders an opportunity to place another bid. This process will continue until there are no more bids made within the last two (2) minutes of the Auction Period. Once the auction clock reaches zero (0:00) the auction is complete.

Once the auction is complete, if the highest bid meets or exceeds the Reserve Amount, we will invoice the winning bidder for the Buyer’s Fee (as described under “Buyer’s Fee” below) applicable to the Auction Listing, and provide the Seller with the contact information of the winning bidder so that the Seller and the winning bidder may complete the sale transaction. If, at the end of the Auction Period, the highest bid is lower than the Reserve Amount, we will contact the three highest bidders and ask them to provide a best and final offer (each, a “Final Bid”) for the Seller’s consideration within twenty-four (24) hours (the “Final Bid Period”). Once the Final Bid Period expires, the Seller will have another twenty-four (24) hours (the “Consideration Period”) to decide whether or not to accept the highest final bid. During the Consideration Period, we reserve the right, in our sole discretion, to reduce the amount of the Buyer’s Fee that would be payable to us by the winning bidder in the auction in order to reduce or eliminate any remaining gap between the highest Final Bid and the Reserve Amount. SELLER AND BUYER EACH HEREBY ACKNOWLEDGE AND AGREE THAT THE OFFERING OR PROVISION OF SUCH A REDUCTION IN FEES PAYABLE TO THE COMPANY BY THE BUYER IS AN INDEPENDENT TRANSACTION AND DOES NOT IN ANY WAY MAKE THE COMPANY A PARTY TO THE SALE TRANSACTION BETWEEN THE SELLER AND THE BUYER WITH RESPECT TO ANY AUCTION VEHICLE OR ANY OTHER TRANSACTION BETWEEN THE SELLER AND THE BUYER. If, after the Consideration Period, the Seller elects to accept the highest Final Bid, we will invoice the winning bidder for the applicable Buyer’s Fee and provide the Seller with the contact information of the winning bidder, so that the Seller and the winning bidder may complete the sale transaction. If, after the Consideration Period, the Seller elects not to accept the highest Final Bid, the vehicle will go unsold, the related Auction Listing will be removed from the Service and no Buyer’s Fee will be assessed for that auction.

The Reserve Amount established for an Auction Vehicle may be reduced or waived by the Seller at any time during the Auction Period by providing notice to the Company via email or, if available, any other web-based communication method made available to Seller through the Service.

     Trade-Only Listings

A Seller seeking to list a vehicle only for trade through the Service (a “Trade-Only Listing”) must submit the vehicle (the “Trade-Only Vehicle”) for consideration by clicking here https://dreamcarxchange.com/trade-your-dreamcar/. Each Trade-Only Listing will be open for trade offers for a fixed number of days as determined by the Company at the time the Trade-Only Listing is accepted (the “Trade Offer Period”). During the Trade Offer Period, Registered Users (“Trade Offerors”) will have the opportunity to submit offers that must include the offer of one or more Trade-Offered Vehicle(s) in exchange for the Trade-Only Vehicle. For the avoidance of doubt, trade offers on Trade-Only Listings may also include additional cash consideration in addition to the Trade-Offered Vehicle(s). In order for a Registered User to submit an offer on a Trade-Only Listing, they must first provide us with the certain minimum information about their Trade-Offered Vehicle, including photos and, if available, videos. Once this basic information concerning the Trade-Offered Vehicle is received from the Trade Offeror, we will provide this basic information for the Trade-Offered Vehicle to the Seller for their consideration. If the Seller is interested in the Trade-Offered Vehicle, the Trade Offeror will be required to provide the same information about the Trade-Offered Vehicle that would be required of a Seller offering a vehicle through an Auction Listing. In order to be considered as a valid Trade-Offered Vehicle, we must receive all required information concerning the Trade-Offered Vehicle prior to the Trade Offer Deadline. Once the more detailed information concerning the Trade-Offered Vehicle has been provided to us, we will provide the details of the Trade-Offered Vehicle, the offer and the Trade Offeror to the Seller for their consideration.

The Seller and each Trade Offeror that submits an offer, including the detailed information concerning their Trade-Offered Vehicle, prior to the Trade Offer Deadline will then negotiate privately through the Service in an effort to reach an agreed Trade Value of the Trade-Offered Vehicle. If the Seller is willing to accept an offer from a Trade Offeror, including the related Trade-Offered Vehicle and all other related economic terms for the trade, then we will invoice the winning Trade Offeror for the applicable Buyer’s Fee (determined based on the total dollar value of the Trade Offered Vehicle and any additional cash consideration to be paid by the Trade Offeror to the Seller in exchange for the Trade-Only Vehicle) and provide the Seller with the contact information of the winning Trade Offeror, so that the Seller and the winning Trade Offeror may complete the sale transaction. If, after the Trade Offer Period, the Seller elects not to accept any of the offers submitted by Trade Offerors, the Trade-Only Vehicle will go unsold, the related Trade-Only Listing will be removed from the Service and no Buyer’s Fee will be assessed for that listing.

     Exclusivity of Listing

EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT, FOLLOWING OUR PUBLICATION ON THE SERVICE OF AN AUCTION VEHICLE OR A TRADE-ONLY VEHICLE AND FOR THE PERIOD THAT SUCH LISTING IS OFFERED FOR AUCTION OR TRADE THROUGH THE SERVICE, SELLER MAY NOT LIST, OFFER OR OTHERWISE MAKE AVAILABLE FOR SALE OR TRADE SUCH VEHICLE ON ANY OTHER AUCTION, TRADE, DEALERSHIP, OR OTHER SIMILAR SALE, AUCTION OR LISTING SERVICE; PROVIDED, HOWEVER, THAT THE FOREGOING RESTRICTION SHALL NOT LIMIT THE ABILITY OF THE SELLER TO PROMOTE THE AUCTION LISTING OR TRADE-ONLY LISTING ON THIRD PARTY WEBSITES OR SERVICES IF, AND ONLY IF, SUCH POSTED DETAILS INCLUDE A LINK TO, OR INSTRUCTIONS DIRECTING ANY INTERESTED PARTIES TO, THE AUCTION LISTING OR TRADE-ONLY LISTING ON THE SERVICE. FURTHERMORE, EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT, FOLLOWING PUBLICATION OF THEIR AUCTION LISTING OR TRADE-ONLY LISTING ON THE SERVICE AND FOR THE DURATION OF THE PROCESS RELATIVE TO SUCH AUCTION LISTING OR TRADE-ONLY LISTING, SUBJECT TO THE TERMS OF OUR PRIVACY POLICY, SUCH AUCTION LISTING OR TRADE-ONLY LISTING MAY BE REMOVED FROM THE SERVICE SOLELY AT THE COMPANY’S DISCRETION.

     “Questions Concerning a Listed Vehicle

Registered Users with questions concerning a vehicle listed for auction or trade through the Service are encouraged to submit questions to the Seller through the “Ask the Seller” feature for that listing. Questions posed to the Seller through the “Ask the Seller” feature will be added to the “Comment” section of that listing and will be viewable by other Users. Registered Users with questions concerning a listed vehicle that they do not wish to make public can contact the Seller privately through the “Contact Seller Privately” feature, which will allow the Registered User to contact the Seller directly via email.

For certain listings, we may also offer, as a courtesy to our Users, our “Ask an Expert” feature, through which each Registered User will be allowed to submit a single question concerning the listed vehicle for review and response by a member of our network of industry experts. Once received, an individual with the requisite expertise concerning the make of the listed vehicle will promptly reply to the question. All questions submitted through the “Ask an Expert” feature and all related responses will be added to the “Comment” section of that listing and will be viewable by other Users. We endeavor to post responses to questions submitted through the “Ask an Expert” feature within 24 hours after submission by the Registered User. EACH USER HEREBY AKNOWLEDGES AND AGREES THAT THE EXPERT PROVIDING RESPONSES TO QUESTIONS SUBMITTED THROUGH THE “ASK AN EXPERT” FEATURE FOR A LISTED VEHICLE WILL NOT HAVE THE BENEFIT OF EXAMINING THE :LISTED VEHICLE IN PERSON AND, AS SUCH, THE RESPONSE PROVIDED BY SUCH EXPERT WILL BE LIMITED BY THE PHOTOGRAPHIC AND OTHER INFORMATION PROVIDED BY THE SELLER IN THE RELATED LISTING, WITHOUT SEPARATE RESEARCH, EXAMINATION OR INVESTIGATION BY SUCH EXPERT OF ANY KIND WHATSOEVER.

EACH USER HEREBY ACKNOWLEDGES AND AGREES THAT NEITHER THE COMPANY NOR ANY EXPERT (IN THE CASE OF INFORMATION PROVIDED THROUGH THE “ASK AN EXPERT” FEATURE) SHALL HAVE ANY RESPONSIBILITY FOR ANY INFORMATION PROVIDED BY (A) OTHER USERS THROUGH THE “COMMENT” FEATURE, (B) THE SELLER THROUGH THE “COMMENT” OR “ASK THE SELLER” FEATURES, OR (C) AN EXPERT THROUGH THE “ASK AN EXPERT” FEATURE. THESE FEATURES ARE PROVIDED AS A COURTESY TO ALL USERS AND ALL USERS ARE ENCOURAGED TO CONDUCT THEIR OWN EXAMINATION OF THE LISTED VEHICLE PRIOR TO BIDDING, INCLUDING THROUGH THE CONDUCT OF AN INDEPENDENT INSPECTION OF THE LISTED VEHICLE.

     Buyer’s Fee

Every Auction Listing and Trade-Only Listing offered through the Service will be subject to the payment by the winning bidder or Trade Offeror, as applicable, to the Company of a “buyer’s fee” applicable to such listing (the “Buyer’s Fee”). The amount of the Buyer’s Fee applicable to an Auction Listing will be an amount determined in accordance with our Pricing and Payment Terms, which are incorporated into and made a part hereof and can be reviewed by clicking here https://dreamcarxchange.com/pricing-and-payment-terms/ (our “Pricing and Payment Terms”). The Buyer’s Fee applicable to a listing will be payable by the winning bidder or Trade Offeror, as applicable, immediately following the closing of the related Auction Period or Trade Offer Period, as applicable, in accordance with the winning bidder’s or Trade Offeror’s selected payment method, as established with the Company prior to bidding or submitting an offer, as applicable. The amount of the Buyer’s Fee applicable to a listing will be an amount determined by multiplying the Seller’s [PRESTIGE LEVEL TITLE] percentage by either (i) the total dollar value of the winning bidder’s highest bid for that Auction Listing, in the case of an Auction Listing, or (b) the total dollar value of the Trade Offered Vehicle and any additional cash consideration to be paid by the Trade Offeror to the Seller in exchange for the Trade-Only Vehicle, in the case of a Trade-Only Listing. The [PRESTIGE LEVEL TITLE] percentage of the Seller for a given listing can be found in the “Key Specifications” on the listing and is determined based on the number of vehicles that Seller has listed for auction or trade through the Service during the then-current calendar year. Without taking into account the foregoing available discounts, the maximum amount of the Buyer’s Fee payable with respect to any single listing will not exceed five thousand dollars ($5,000.00), regardless of total dollar amount of the winning bid or offer.

Any Registered User submitting a bid or an offer on a listing hereby acknowledges and agrees that:

  • each bid or offer submitted through the Service is binding on the Registered User with respect to the applicable Buyer’s Fee, and

  • the Registered User is responsible for all applicable government fees and taxes for applicable vehicles purchased through the Service.

Sellers are not responsible for any shipping or delivery fees. We recommend that an in-person inspection take place, however you acknowledge and agree that the Company bears no risk associated with purchasing of a vehicle listed through the Service, whether or not any inspection is performed and we make no warranties and bear no risk or responsibility whatsoever with respect to any recommended third party inspection services provided to you.

     Payment Terms

Certain aspects of the Service require fees paid to the Company, including with respect to the Buyer’s Fees and Seller listing fees. If you elect to use paid aspects of the Service, you agree to our Pricing and Payment Terms, as we may update them from time to time. Our Pricing and Payment Terms may be viewed by clicking the following link https://dreamcarxchange.com/pricing-and-payment-terms/. The Company may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. The prices listed by Sellers on the Service exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. All amounts listed on the Service are in U.S. dollars.

You may cancel your User Account at any time; however, there are no refunds for or in connection with the cancellation of your User Account. In the event that the Company suspends or terminates your User Account or these Terms of Use as they relate to you and your User Account, you understand and agree that you shall receive no refund, including in any content or data associated with your User Account or for anything else. Notwithstanding the foregoing, any Seller’s fees previously paid by a Seller may be refundable solely in the event that the listing for which such Seller’s fees were paid is withdrawn by the Seller prior to the listing ad for such listing being prepared by us.

All payments made by you to the Company shall be facilitated through Authorize.net, the Company’s third party payment processing service. Authorize.net’s terms of service can be found at https://www.authorize.net/about-us/terms/. All information that you provide in connection with a monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Offers to Buy, Sell or Trade Outside the Service

We don’t allow our Users to use the Service to contact each other for the purpose of buying, selling or trading vehicles outside of the Service. Also, Users may not use information obtained from the Service to contact each other about buying, selling or trading vehicles outside of the Service. Any User offering a vehicle for sale or trade will be liable to us for the listing fees for any offer, sale or trade made with respect to such vehicle using some or all of the Services, including the contact information of any other User to whom such offer, sale or trade is made, even if the terms of such offer, sale or trade are finalized outside of the Service and even if the vehicle that is the subject of such offer, sale or trade does not sell or trade. In addition, any User making a bid or offer or who buys or trades a vehicle will be liable to us for the Buyer’s Fees payable in respect of any sale or trade made using some or all of the Services, including the contact information of any other User offering a vehicle for sale or trade through the Service, even if the terms of such sale or trade are finalized outside of the Service and even if the vehicle that is the subject of such offer, sale or trade does not sell or trade. If you receive an offer to buy, sell or trade a vehicle that is listed for sale, auction or trade through the Service from a User or other person outside of the Service, please report it by emailing us at notify@dreamcarxchange.com.

Make sure you follow these guidelines. If you don’t, you may be subject to a range of actions, including (without limitation):

  • We may limit, restrict, or suspend you from buying, selling, trading or using other features of the Service;
  • All of your listings and/or bids may be removed, without refunding any or all applicable fees;
  • You may forfeit special account status and any discounts; and
  • You may be subject to the application of fees and recovery of our expenses in policy monitoring and enforcement.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation, including any commercial solicitation not expressly authorized by the Company.

  • To collect or harvest any personally identifiable information, including account names, from the Service.

  • To impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the Service or the Website or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Website.

  • Copy, distribute, or disclose any part of the Service in any medium, including without limitation, by any automated or non-automated “scraping”.

  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Website (except that the Company grants the operators of public search engines revocable permission to use spiders to copy publicly available material from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

  • Use any manual or automated process to monitor, copy or decipher any of the material or information transmitted to or from, or made available on or through the Service or for any other unauthorized purpose.

  • Use any device, software, or routine that interferes with the proper working of the Service.

  • Use any means or technology other than those provided or authorized by the Service to access any content on the Service.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, bypass security measures, interfere with, damage, or disrupt any parts of the Service, the server on which the Website is stored, or any server, computer, or database connected to the Service.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with or compromise the proper working of the Service or the integrity or security of the system on which the Service operates.

Without limiting the foregoing, we reserve the right, in our sole discretion and without limiting any other available remedies, to limit, suspend, or terminate your User Account(s) and access to the Service and remove any hosted content, remove or demote any auction or trade listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Service in the event that we believe you are abusing the Service, in any way.

User Content 

Users may provide content and materials to us in connection with the Service (collectively, “User Content”), some or all of which may be included on the Website. All User Content must comply with the Content Standards set out in these Terms of Use. Any User Content you post to the Website will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferrable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media, or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i)  receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms of Use, or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. The Company retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or for no reason. Subject to the licenses granted in these Terms of Use, you retain ownership of any copyright and other rights you may have in the User Content.

By submitting User Content, you represent and warrant that:

  • You own or control any and all rights in and to the User Content and have the right to grant the rights and licenses granted in these Terms of Use to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, or, if you do not own or control such rights, the owner of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity.

  • You have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity.

  • You are 18 years of age or older.

  • The User Content does not:

  • contain false or misleading information,

  • infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party;

  • contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content,

  • contain any addresses, email addresses, phone numbers, or any contact information; or

  • contain computer viruses, worms or other harmful files.

  • All of your User Content does and will comply with these Terms of Use.

Upon the Company’s request, you hereby agree to furnish the Company any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You understand and acknowledge that you are solely responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Service. You hereby agree to indemnify and hold Company and its members, managers, officers, employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

The Company is not responsible for and does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting the User Content you fully and unconditionally release and forever discharge the Company and its members, managers, officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and a Buyer or one or more Users or any other person or entity, or (ii) the use by Company or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms of Use violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that the Company has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. The Company acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If the Company becomes aware of any User Content that allegedly may not conform to these Terms, the Company may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms of Use. The Company has no liability or responsibility to Users for performance or nonperformance of such activities.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.

  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.

  • Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review any material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Content and use of the Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Service, including the Website, infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

DMCA Designated Agent
DreamCarXchange, LLC
601 Jefferson Rd
Suite 206
Parsippany, NJ 07054
(973) 585-7255

notify@dreamcarxchange.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other User of the Service or visitor to the Website, or by anyone who may be informed of any of its contents. The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Service

We may update the content on the Service, including the Website, from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service, including the Website, may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Use of the Service and Visits to the Website

All information we collect on the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Service may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.

  • Send emails or other communications with certain content, or links to certain content, on the Website.

  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Link to any part of the Website other than the homepage.

  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Service, including the Website, is based in the state of New Jersey in the United States. We provide the Service for use solely by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE, AND RELIANCE ON ITS CONTENT, IS AT YOUR OWN RISK. THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, INCLUDING THE WEBSITE, THE UNDERLYING SOFTWARE, THE CONTENT OR OTHER THE MATERIALS AVAILABLE THROUGH THE SERVICE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THORUGH THE SERVICE, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THE WEBSITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS 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 SERVICE, INCLUDING WITH RESPECT TO ANY INFORMATION PROVIDED THROUGH THE “COMMENT,” “ASK A SELLER,” OR “ASK AN EXPERT” FEATURES OF THE SERVICE. THE COMPANY CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SERVICE, INCLUDING ON THE WEBSITE. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING AN VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. THE COMPANY DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL OR TRADE YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE OR TRADE 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. FEDERAL LAW, SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS OF USE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

You understand that we cannot and do not guarantee or warrant that any content downloaded or otherwise obtained through the use of the service will be free of viruses or other destructive code. Any such content is downloaded at your own risk. you are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

WE WILL NOT BE RESPONSBLE FOR TYPOGRAPHICAL OR OTHER ERRORS THAT MAY APPEAR ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY INACCURATE PRICING OR OTHER INFORMATION PROVIDED RELATIVE TO A PARTICULAR VEHICLE. IF INACCURATE INFORMATION IS GIVEN ABOUT A VEHICLE, INCLUDING ITS PRICE, AVAILABILITY, DESCRIPTION, CONDITION OR MILEAGE DUE TO A TYPOGRAPHICAL ERROR, THE COMPANY IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION; BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR VEHICLES LISTED AT AN INCORRECT PRICE.

THE COMPANY CANNOT BE HELD LIABLE FOR ANY PERCEIVED OR ACTUAL DAMAGES ARISING FROM THE CONTENT, OPERATION, OR USE OF THE SERVICE, INCLUDING FOR ANY INACCESSIBILITY OR IMPROPER FUNCTIONALITY OF THE SERVICE WITH YOUR WEB BROWSER, MOBILE DEVICE, AND/OR OPERATING SYSTEM.

WE ARE NOT RESPONSIBLE FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES AND THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SUCH PRODUCT OR SERVICE.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR THIRD-PARTY LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FORM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY HEREUNDER IN THE PAST TWELVE (12) MONTHS. FOR PURPOSES OF THIS LIABILITY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The Service is controlled and operated from facilities in the United States. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, obligations, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term or terms of these Terms of Use, including, but not limited to, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account, including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

Governing Law

You and the Company each hereby agree that, for all purposes, the Service shall be deemed to be (i) solely based in New Jersey and (ii) a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New Jersey. All matters relating to the Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

Dispute Resolution; Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.

Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in a small claims court of competent jurisdiction if your claims qualify. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing (i) the Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other property rights, or (ii) you from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of your intellectual property rights. We each agree to submit to the personal jurisdiction of the federal and state courts located in Morris County, New Jersey for any actions for which you or we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction as described in the foregoing sentence, including any provisional relief required to prevent irreparable harm. Notwithstanding the provisions set forth above under the heading “Governing Law” with respect to the substantive law, the Federal Arbitration Act and federal arbitration law will govern any arbitration conducted pursuant to the terms of these Terms of Use. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that Morris County, New Jersey is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that this arbitration provision is found to be unenforceable.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at notify@dreamcarxchange.com. If we are unable to resolve the issue informally after sixty (60) days, we will then commence the arbitration process to resolve the issue. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration will be conducted in Morris County, New Jersey, unless otherwise agreed between you and the Company. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree that, by entering into the agreement as set forth in these Terms of Use, you and the Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceedings of any kind. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE USE OF THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation of this provision shall be null and void.

Notices

The Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Website, as determined by the Company in its sole discretion. The Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Use. The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide to us. The Company may, in its sole discretion, modify or update these Terms of Use from time to time, and so you should review this page periodically. When we change these Terms of Use in any material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms of Use. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

Entire Agreement

These Terms of Use and our Privacy Policy, together with any amendments and any additional agreements you may enter into with the Company in connection with the Service, shall constitute the entire agreement between you and DreamCarXchange, LLC regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Your Comments and Concerns

This website is operated by DreamCarXchange, LLC, with its principal offices at 601 Jefferson Rd Suite 206 Parsippany, NJ 07054. All feedback, comments, requests for technical support, and other communications relating to the Service or these Terms of Use should be directed to: notify@dreamcarxchange.com