Terms of Use
Welcome to VipCarSales.com, a service of Uncommon Creativity, LLC. By using
this website, you accept the terms of this Agreement. This is a legally binding
agreement between you and VipCarSales.com; please read the following terms
carefully. If you do not agree to these terms, you should not review
information or obtain goods or services from this website.
General Provisions
VipCarSales.com respects your privacy. Please take a moment to review our
Privacy Policy,
as it may change from time to time, it is a part of this Agreement.
We encourage you to bring to our attention any material on our site that you
believe to be inaccurate. Furthermore, if you are an owner of intellectual
property who believes your intellectual property has been improperly posted or
distributed via this website, please notify us via email at
info@vipcarsales.com.
The Web is a fast-paced evolving medium. VipCarSales.com may amend the terms of
this agreement from time to time. By continuing to use this website following
our posting of such changes, you agree to be bound by this agreement, as
modified. VipCarSales.com may change, restrict access to, suspend, or
discontinue this website, or any portion of this website, at any time without
specific notice to you.
The material that appears on VipCarSales.com is for informational purposes
only. Despite our efforts to provide useful and accurate information, errors
may appear from time to time. Before purchasing goods or services you've read
about on VipCarSales.com, you should confirm with the vendor any information
(including the price) that is important to your purchasing decision.
VipCarSales.com is not responsible for, and does not guarantee the performance
of, any such goods or services.
Services
VipCarSales.com is an online unbiased new car dealership and sales professional
national directory and information service that bring together consumers,
dealerships, sales professionals. We absolutely do not charge dealerships any
listing, referral, or commission fees. Information about a particular
dealership is supplied by the dealership, not by VipCarSales.com. The price and
other terms of any sale remain subject to direct negotiation between the
consumer, dealership and sales professional. We simply provide consumers with
free easy access dealerships and sales professional information on-demand. We
simply provide dealerships and sales professionals a great opportunity to
connect with you the consumers, minus the big referral and commission fees.
While many services at VipCarSales.com are available free of charge, we also
offer premium services that require a paid yearly subscription fee. The term
"yearly subscription" is defined as one 365 day period. A yearly subscription
terminates automatically at the conclusion of each 365 period. All fees are
strictly non-refundable, unless within the first 30 days of service (in which
case, VipCarSales.com 30 day money back guarantee offer will be active).
You may pay for yearly subscription services by credit card or check. To make
your payments by check, please call 888.681.9840 (toll free). You represent and
warrant that if you are purchasing something from VipCarSales.com that (i) any
credit information you supply is true and complete, (ii) charges incurred by
you will be honored by your credit card company, and (iii) you will pay the
charges incurred by you at the posted prices, including any applicable taxes.
30 Day Money Back Guarantee
If you decide you're not 100% satisfied within the first 30 days of your
purchase of any VipCarSales.com service, simply cancel your service within that
time, as described below, request a refund under this guarantee and you'll
receive a refund of your purchase price, less any charges for additional
services and setup fees, all of which are non-refundable.
30-day Money Back guarantee is limited to one purchase per customer and per
account. You may cancel anytime within the first 30 days of when the initial
order was placed by calling 1-888-681-9840. To receive any refund under this
guarantee, you must request a refund when you call in to cancel.
If paid by credit card, refunds will be issued to the original credit card
provided at the time of purchase. No Refund will be issued for accounts that
are terminated by VipCarSales.com in accordance with the VipCarSales.com Terms
of Use.
Copyright
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to VipCarSales.com website are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of
VipCarSales.com website, except as allowed by Limited Right to Use, is strictly
prohibited. You do not acquire ownership rights to any content, document or
other materials viewed through VipCarSales.com website. The posting of
information or materials on the VipCarSales.com website does not constitute a
waiver of any right in such information and materials.
Limited Right to Use
VipCarSales.com is made available for your personal, non-commercial use only.
No spamming or data scraping. By using VipCarSales.com website, you agree not
to use information obtain from VipCarSales.com website (including listing
information, user names, email addresses, telephone numbers, and/or other
information), for any purpose other than to explore the potential purchase of a
vehicle. The viewing, printing or downloading of any content, graphic, form or
document from VipCarSales.com website grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale, preparation of
derivative works or other use. You may not use any automated processes of any
sort to query, access or copy content presented on VipCarSales.com websites. No
part of any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale or redistribution).
Not to Provide Inaccurate, Deceptive or Misleading Information
As a condition of your use of VipCarSales.com websites, you agree that you will
not provide inaccurate or deceptive information when completing forms provided
to enable you to enquire about goods or services.
VipCarSales.com reserves the right to monitor email enquiries.
Nontransferable
Your right to use VipCarSales.com website is not transferable. Any password or
right given to you to obtain information or documents is not transferable.
Use of Information
VipCarSales.com reserve the right, and you authorize us, to the use and
assignment of all information regarding website uses by you and all information
provided by you in any manner consistent with our
Privacy Policy.
Indemnification
You agree to indemnify, defend and hold us and our partners, attorneys, staff
and affiliates (collectively, “Affiliated Parties”) harmless from any
liability, loss, claim and expense, including reasonable attorney’s fees,
related to your violation of this Agreement or use of VipCarSales.com website.
Disclaimer and Limits
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,”
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. VIPCARSALES.COM
WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
VIPCARSALES.COM WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE
WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR
MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE
PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
Links to other Web Sites
For your convenience, we make available a variety of links to other websites
that we don't operate where you can obtain automotive related products and
services. Although we encourage you to consult such websites, we cannot
guarantee the prices, terms, quality, reliability or performance of the
products or services provided by these vendors. VipCarSales.com is not
responsible for the products or services these vendors provide. We are not
responsible for the content, accuracy or opinions express in such websites, and
such websites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked website on our VipCarSales.com does
not imply approval or endorsement of the linked website by us. If you decide to
leave our VipCarSales.com and access these third-party sites, you do so at your
own risk.
Miscellaneous
This Agreement shall be treated as though it were executed and performed in
Birmingham, Alabama, and shall be governed by and construed in accordance with
the laws of the State of Alabama (without regard to conflict of law
principles). Any cause of action by you with respect to VipCarSales.com website
(and/or any information, products or services related thereto) must be
instituted within one (1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations set forth in
this Agreement. The language in this Agreement shall be interpreted as to its
fair meaning and not strictly for or against either party. All legal
proceedings arising out of or in connection with this Agreement shall be
brought solely in Birmingham, Alabama. You expressly submit to the exclusive
jurisdiction of said courts and consents to extra-territorial service of
process. Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and the
remaining portions shall remain in full force and effect. To the extent that
anything in or associated with VipCarSales.com website is in conflict or
inconsistent with this Agreement, this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision.