Visitor Agreement

Visitor Agreement

By visiting or using the web site www.ListingAllCars.com and any associated web pages (collectively, the “Site”), you signify your agreement with and understanding of the following Visitor Agreement (“Agreement”) pertaining to both this Site and any material contained herein. We suggest printing and retaining a copy of this Agreement for your future reference, but please be aware that we may revise this Agreement at any time. Notification of changes to this Agreement will be posted on the Site. Please check this page periodically for changes in this Agreement. By your continued use of the Site, you agree to be bound by future revisions. If you are under the age of eighteen (18), you may use the Site only with the involvement of a parent or guardian.

Nature of Site

The Site is owned and maintained by Exit Solutions, Inc., doing business as ListingAllCars.com (the “Company”). You acknowledge that transmissions to and from the Site are not encrypted and, as with other online communications, such transmission may be read or intercepted by others. Persons contacting the Company through the Site should not send sensitive information. You acknowledge that by submitting communications to the Company, no fiduciary, contractual, or other relationship is created between you and the Company.

Access to the Site

The Company may alter, suspend, or discontinue this Site at any time for any reason, without notice to you. Similarly, the Site may become unavailable at any time due to maintenance or malfunction of computer equipment or other reasons, without notice to you. Further, you agree that the Company, at its sole discretion and without prior notice, may terminate your access to or use of the Site at any time and for any reason, including a determination by the Company that you have violated or acted inconsistently with this Agreement. The Company is not liable to you or any third party for any termination of your access to the Site.

Links on the Site

Any links to other web sites are included on the Site solely as a convenience for our visitors. Any linked sites are not under the control of the Company and THE COMPANY ASSUMES NO RESPONSIBILITIES FOR THE CONTENT OR MAINTENANCE OF ANY SUCH SITE AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUCH SITE. The inclusion of any link does not imply endorsement or warranty by the Company of the linked site, information contained on the linked site, or the providers of such site. You hereby agree that Company shall not be responsible for the accuracy or completeness of any third party site or for any dealings you may have with third parties associated with sites linked to this site.

Inventory Availability and Accuracy of Third Party Information

The Company aggregates inventory listed on the Site from various third-party sources. For many reasons, although the Company makes every effort to ensure that listings are accurate, up-to-date, and complete, the Company does not guarantee that vehicles listed on the Site are available at the time of viewing or that any other information provided by the third party is complete or accurate. Reference to a product on this Site does not imply endorsement by Company.

Notice to Dealers and Customers Regarding Listings

Because the Company obtains data for many of its listings from a third-party source, the Company may not be able to quickly or completely remove an unwanted listing from the Site. Information provided to the Company by a third party is not located in the Company’s database, but rather in the third-party’s database, and is thus out of the control of the Company. The Company will make every effort to remove unwanted listings, however, the Company is not responsible for removal of listings provided to us by a third-party source. The Company does not guarantee that individual listings will be deleted in a timely manner from the Site. Furthermore, the Company does not guarantee that a dealer’s listing(s) will be given any particular precedence in the search results on the Site, as search results may vary depending on various circumstances.

ListingAllCars.com is Not a Dealer or Seller of Vehicles

The Company offers this Site solely as a listing and research service for vehicle consumers and dealers/sellers. The Company does not sell, stock, or deliver vehicles, and should not be considered a party to any transactions and/or contracts between a consumer and a dealer/seller. The Company makes no representations, warranties, or guarantees regarding the conduct, actions, business methods, or reputations of dealers or sellers whose vehicles are listed for sale on the Site. The Company is not responsible for advertisements or other offers by dealers or sellers on the Site. Any errors or content in contravention of applicable laws in such advertisements or offers are the sole responsibility of the dealer or seller, and not the Company. In particular, the Company is not responsible for false or misleading figures provided in the “Price” field of any listing (e.g., the “Price” is listed as $1,500, but in reality this is the down payment being requested by the dealer or seller). Because the Company does not create the listings on the Site and because we obtain much of our data from a third-party source, it is not possible for the Company to monitor or eradicate all misleading information. If you have a question or issue about the terms of any advertisement or offer contained on the Site, you should contact the dealer or seller directly.

Intellectual Property

The Site is provided to you for personal, non-commercial use only. Subject to your full compliance with this Agreement, the Company authorizes you to view the Content on your device, make a single copy of it, and print that copy, but only for your own lawful, personal, non-commercial use. You must maintain all copyright, trademark and other intellectual property notices contained in such Content, and the Content, or any part thereof, may not be modified. The Site and all the information it contains, or may in the future contain, including, but not limited to: text, listings, photographs, illustrations, trademarks, trade names, service marks, and logos (collectively, the “Content”), is the property of the Company or its Content suppliers. You have the limited right to view and use information on this Site for personal purposes, such as selecting a personal vehicle for purchase. The Content is protected from unauthorized copying and dissemination by U.S. and international copyright law, trademark law, international conventions, and other intellectual property laws. Some of the trademarks and logos displayed on the Site may be owned by third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any Content displayed on the Site except as authorized in this Agreement or pursuant to the prior written permission of the Company. Without limiting the generality of the foregoing, you are expressly prohibited from scraping, exporting, copying, extracting, or capturing, data on this site without the prior written permission of the Company or such third party that may own the trademark or copyright of material displayed on the Site. You do not acquire any ownership rights in materials you download or copy from the Site for your personal non-commercial use. The Company values the intellectual property rights of others, and will investigate notices of alleged infringement of such rights. Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(2), claims of alleged copyright infringement should be sent to our designated agent. For claims of alleged copyright or other intellectual property infringement on the Site, please submit a notice to: Exit Solutions Inc. dba ListingAllCars.com 12912 Shelbyville Rd. Louisville, KY 40243 To be effective under the DMCA, a notification of claimed copyright infringement must be in writing and include substantially the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. With respect to claims of trademark infringement or infringement of rights other than copyright, the Company reserves the right to remove the allegedly infringing material or to refrain from taking action in Company’s sole discretion in best interest of the Company.

Prohibited Uses of the Site

In connection with your use of the Site, you may not post, email, transmit or otherwise distribute: (i) information infringing on the intellectual property or privacy rights of others; (ii) information that is unlawful, harmful, obscene, defamatory, harassing, abusive, or slanderous, in our sole opinion; (iii) information that harms minors in any way; (iv) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware; or (v) confidential information belonging to any other person.

In addition, you may not engage in any conduct to: (i) interfere with the Site, the servers, or other hardware or software used by the Company; (ii) inhibit others from using the Site; (iii) violate any applicable law or regulation; or (iv) otherwise to violate any law or any third party’s rights.

User Names and Passwords

Any user names, passwords, or other login information used with this Site is for individual use only. You are solely responsible for the security of your user name, password, or other login information. Company reserves the right to monitor passwords for security purposes, and may require that you change a password that it deems insecure. In connection with creation of an account, you agree that you will not provide false information or create an account for anyone other than yourself.

Disclaimer of Warranties

IF YOU RELY ON THE SITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE SITE. INFORMATION CONTAINED ON THE SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, OR THE INFORMATION CONTAINED ON THE SITE. THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Indemnification

YOU AGREE TO INDEMNIFY THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THIS AGREEMENT.

Arbitration

THE PARTIES AGREE THAT ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SITE WILL BE SETTLED BY BINDING ARBITRATION INSTEAD OF IN A COURT OF LAW.

Jury Trial Waiver

In the event a court declares the preceding arbitration provision invalid and any claim or dispute proceeds to a court of law, by using the Site, you expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY.

Class Action Waiver

By using this site, you acknowledge that you give up your right to participate in a class action. This means that you may not be a representative or member of any class of claimants in court or in arbitration with respect to any claim or dispute. Further, unless both you and the Company agree otherwise, the arbitrator or judge may not consolidate more than one person’s claim or claims.

Consent to Jurisdiction; Governing Law

You consent to personal jurisdiction and agree to exclusive venue in the Commonwealth of Kentucky in any proceeding arising out of, or relating to, this Agreement or your use of the Site. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, notwithstanding any conflict of law principles of that state.

Entire Agreement

This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof. No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter of this Agreement, unless specifically referenced herein.

Waiver and Severability

The failure by the Company to enforce any provision of this Agreement shall not constitute a waiver of any provision or right. If any of the provisions of this Agreement are found or deemed by a court to be invalid or unenforceable, they shall be severable from the remainder of the Agreement and shall not cause the invalidity or unenforceability of the remainder of the Agreement.