USER AGREEMENT AND TERMS OF SERVICE
OnlyUsedTesla.com or, the “Site”, is an interactive online service that offers users information services and content provided by individual buyers, sellers, and other information providers (“hereinafter referred to as the “Service”) through a website, mobile and other online applications.
In order to protect the interests of all of our users, as well as those of our information providers, we ask that you abide by the following rules. By registering as a user on the Site or by using the Site in any capacity, users hereby agree to be bound by all of the following terms and conditions (“Terms of Service” or “TOS”).
By using the Site and Service, you accept the terms of the TOS. This is a legally binding agreement between you and the Site. Please read it carefully. When using the Site, you may be subject to other posted terms and guidelines applicable to certain services available on or through the Site.
You may be subject to other posted terms and guidelines applicable to certain services available on or through the Site. All terms and guidelines on the Site, including our Privacy Statement, are part of this TOS and incorporated herein by reference. Unless explicitly stated otherwise, any features or services available at any time on the Site, are subject to this TOS. Accessing the Site in any manner, even through automated means, constitutes your use of the Services and your agreement to be bound by this TOS. Only Used Tesla may change the terms of the TOS from time to time and will revise the effective date when it does so. Your continued use of the Site after the posted effective date constitutes your agreement to be bound by the TOS as modified, except that modifications do not apply to any dispute arising prior to their effective date. Only Used Tesla may change, restrict access to, suspend, or discontinue the Site, or any portion thereof.
The material that appears on the Site is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the Site may, from time to time, contain errors. The Site includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the Site, and you should not rely on it without independent verification.
We invite you to bring to our attention any materials or information on the Site that you believe to be inaccurate. Please forward a copy of the materials or information to us along with an explanation of the inaccuracies.
COPYRIGHT NOTICE AND LIMITATIONS ON USE
All of the information, content and services (collectively, the “Content”) within this Site are protected by copyright and other intellectual property laws. The Content is owned by OnlyUsedTesla and its affiliated companies, licensors and suppliers. The Content is provided to users for their personal, non-commercial use only. The materials on the Site are the property of OnlyUsedTesla.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in these TOS, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the Site. You may display and occasionally print a single copy of any page of the Site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Site without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on the Site, in any form (including electronic form), without prior written permission from the owner of such materials. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to contact@OnlyUsedTesla.com.
You acknowledge that the Content on the Site includes certain trademarks and service marks owned by OnlyUsedTesla and/or Adam Qureshi, including the name “OnlyUsedTesla.com” and certain logotypes, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content without the prior written consent of the owner of the mark.
If you operate a web site and wish to link to the Service, so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by Only Used Tesla or any of our Partners. However, without our prior written permission, you may not frame any of the content of the Site, nor incorporate into another website or service any intellectual property of Only Used Tesla or its licensors.
Associated Press (“AP”) text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to the User or to any third party or to any other person who may receive information in the Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
Ownership and Permissions of Material on the Site
By placing material on or communicating with the Site and the Service, you hereby grant to the Site and its partners and their affiliates and related entities (collectively, “the Partners”) the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. You will not receive any compensation of any kind for the use of any material you transmit or post via the Only Used Tesla Site. Among other uses of user materials, the Only Used Tesla Site uses listings data to derive useful information (such as vehicle valuation information) for display, sale and distribution. You also agree to indemnify, defend and hold the Site and the Partners harmless against any claims or costs, including attorneys’ fees, arising from the use or distribution of those materials. You further grant the Site and the Partners the right to use your name in connection with the reproduction or distribution of such material.
The Site allow users to publish listings, ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this TOS and to the policies of their third-party providers. You assume total responsibility and risk for your use of any interactive areas of the Only Used Tesla Site. You acknowledge that any of the user-generated content posted or transmitted through the Site represents the views of the author, and not of Only Used Tesla. You also acknowledge that your use of or reliance on such content is at your own risk.
OnlyUsedTesla.com, does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these forums, message boards, bulletin boards or chat rooms. Please use your best judgment, and be respectful of other individuals using these forums.
Prohibited Activities and Content
The following is a partial list of the kinds of activities and content that are prohibited on or through the Site:
- Posting or transmitting any material:
- That is subject to a copyright unless you own or control the copyright in and to such material;
- That violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
- That is knowingly false and/or misleading, defamatory, inaccurate, libelous, promotes illegal activities or tortuous or in violation of any applicable law, rule, or regulation;
- Patently offensive to the online community including abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented,
- That is invasive of a person’s privacy (e.g., containing phone numbers, addresses, or other personal information);
- Engaging in activities or submitting content that could be harmful to minors;
- Engaging activity or submitting content that harasses or advocates harassment of another person;
- Engaging in the gathering and collection of any material from the Site and activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam”;
- Obtaining personal information of Buyers and Sellers who have used the Site for the purpose of solicitation;
- Submitting content that contains restricted or password only access pages, or hidden pages or images;
- Submitting content that displays pornographic or sexually explicit material of any kind;
- Submitting content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Engaging in activities or submitting content that solicit passwords or personally identifiable information for commercial or unlawful purposes from other users; and
- Engaging in commercial activities and/or sales without our prior written consent such as advertisements, commercial solicitations, contests, sweepstakes, barter, advertising, and pyramid schemes.
You further agree that you will not attempt or do any of the following:
- Interfere with or disrupt the Site or our computer systems, servers, or networks;
- Attempt to gain unauthorized access to any part of the Site, to accounts that belong to other users, or to computer systems or networks connected to the Site;
- Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise;
- Collect information about others without their consent;
- Interfere with the use of the Site by any other individual or party;
- Impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
- Share any user name and/or password you have on the with any other persons
- Take any action that imposes an unreasonable or disproportionately large load on OnlyUsedTesla.com’s hardware and software infrastructure.
Without limiting any of or Adam other rights or remedies, a violation of any of the prohibited activities listed above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the Site or on our affiliated webSite and services, and/or a ban from creating new accounts.
Given the nature of the Service and the volume of messages and postings, The Site cannot and does not consistently monitor all of the material posted or transmitted by users and third-party information providers. While you agree that the Site will not be liable for such third-party content, the Site reserves the right to delete, move or edit any communications or content that it deems in its sole discretion to be violative of the TOS; harmful to individuals or communities; obscene; defamatory; in violation of the Site’s or any third-party’s rights; or otherwise unacceptable. We retain the right to deny access to anyone who we believe has violated these terms or any other term of the TOS. Notwithstanding the foregoing, Only Used Tesla takes no responsibility and assumes no liability for any content posted to the Only Used Tesla Site by you or by third parties.
OnlyUsedTesla.com does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the forums, chat rooms and bulletin boards on the Service. OnlyUsedTesla.com shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Service.
Termination of Service.
Users understand and agree that in the Site’s sole discretion, and without prior notice, we may terminate your access to the Site or exercise any other remedy available and remove any unauthorized user content, if your use of the Site, Service and/or any user content you provided:
- Has violated or is inconsistent with these TOS or other incorporated terms or guidelines;
- Has violated the rights of OnlyUsedTesla.com, another user;
- Has violated any law or otherwise constitutes fraud, illegal or unethical activity;
- Results in a request be law enforcement or other governmental or regulatory agency to terminate your use.
All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Site or any part of the Site. You agree that monetary damages may not provide a sufficient remedy to the Site for violations of these TOS and you consent to injunctive or other equitable relief for such violations. OnlyUsedTesla.com is not required to provide any refund to you if you are terminated as a User because you have violated these TOS.
INFORMATION FOR BUYERS AND SELLERS
OnlyUsedTesla.com is a vehicle listing and information service that connects buyers and sellers of used Tesla vehicles.
OnlyUsedTesla.com is not a party to any transaction that occurs through the Site or that originates from information found on the Site. OnlyUsedTesla.com is not an automobile broker or dealer and does not sell, exchange, buy, or offer for sale, negotiate or attempt to negotiate, a sale or exchange of an interest in any vehicle listed for sale on our site.
OnlyUsedTesla.com does not hold or possess title for any vehicle listed for sale on our site.
All buyers and sellers must be at least 18 years old to use the site and by using the Site, represent that they are at least 18 years old.
The information on vehicles provided on this Site is supplied by the seller or third parties, and not the Site. Any information contained on the Site is provided on an “as is,” “as available” basis. As such, oOnlyUsedTesla.com CANNOT AND DOES NOT, MAKE, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE, GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED regarding:
- the accuracy or completeness of any information provided on the Site,
- the existence or ownership of any vehicle listed on this Site,
- the condition or performance of any vehicles on the Site,
- any other information pertaining to any vehicle contained on the Site.
Prices reflected on the Site do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing. Before purchasing a vehicle, Buyers should confirm with the Seller any information, including the price.
OnlyUsedTesla.com does not own, hold or possess title, inspect, buy, or sell, any vehicles listed for sale on our site. Any dispute about the condition of a vehicle sold through the site is between the buyer and seller only. Buyers are solely responsible for reading the full vehicle listing before making a commitment to buy. Any reliance upon any information posted on the Site shall be at Buyer’s sole risk.
OnlyUsedTesla.com reserves the right, in its sole discretion, to correct any error or omission in any portion of the Site. Any and all concerns, differences or discrepancies must be addressed with the seller prior to the sale of the vehicle. Buyers agree to release, hold harmless and indemnify OnlyUsedTesla.com from any and all liability arising from incorrect or incomplete information regarding any vehicle.
All Vehicles Are Subject To Prior Sales.
Buyers are encouraged to read the section on fraud awareness (INSERT LINK TO FRAUD AWARENESS SECTION) before buying a vehicle listed on the Site.
Sellers of vehicles represent and warrant and agree to the following:
- By offering a vehicle for sale through the Site you agree to the TOS;
- That all information submitted to OnlyUsedTesla.com about a particular vehicle and their contact information is accurate and true;
- To approve listing descriptions as complete and accurate before publication;
- That all relevant vehicle information is included in the listing submission;
- They are prepared to sell the listed vehicle at the price at which it is listed, and
- They have possession of the actual vehicle listed and the proper authority to transfer title.
Sellers acknowledge, understand and accept that they may be asked to provide proof of ownership of their vehicles prior to or at any time after a vehicle is listed on OnlyUsedTesla.com.
The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any vehicle listed for sale on the Site, nor may you use the to promote, without our prior written permission, any other website, product, or service.
Sellers agree to provide such information promptly when requested and understand that failure to provide such information entitles OnlyUsedTesla.com, in its sole discretion, to remove the Seller’s listing without a return of any listing fees paid by the Seller.
Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your vehicle, and for the content of all email messages you transmit through the Only Used Tesla Site.
Sellers of vehicles listed on OnlyUsedTesla.com acknowledge that they understand that listing their vehicle with OnlyUsedTesla.com does not guarantee a sale and that any Tesla listed with OnlyUsedTesla.com that does not result in a sale or that is sold through other means, does not and will not, entitle the Seller to a refund of any amounts paid to OnlyUsedTesla.com.
Sellers acknowledge that OnlyUsedTesla.com that in the event that OnlyUsedTesla.com is forced to incur additional fees or charges related to the processing or listing of the Seller’s vehicle, Sellers may be liable for the payment of those additional amounts above and beyond any listing fees paid.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY AND INDEMNIFICATION.
ONLYUSEDTESLA.COM, INC. MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITEITES CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITEITES, ALL SITEITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITEITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND ONLYUSEDTESLA.COM, INC. EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. ONLYUSEDTESLA.COM, INC. ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITEITES, ALL SITEITES CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITEITES. ONLYUSEDTESLA.COM DOES NOT GUARANTEE THAT THE SITEITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITEITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITEITES, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITEITES CONTENT, YOUR INABILITY TO ACCESS THE SITEITES AT ANY GIVEN TIME, OR ALLEGATIONS THAT ONLYUSEDTESLA.COM, INC. HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITEITES.
Limitation Of Liability
PARTIES USING THE SITEITES DO SO AT THEIR OWN RISK AND ONLYUSEDTESLA.COM, INC., SHALL BE NOT BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM THE USE OF OR INABILITY TO USE THE SITEITESOR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITEITES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, ONLYUSEDTESLA.COM ALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITEITES AND THE SITEITECONTENT. IF ONLYUSEDTESLA.COM IS FOUND TO BE LIABLE UNDER THIS AGREEMENT, INCLUDING FOR DIRECT OR ANY TYPE OF DAMAGES, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (B) $100.
USERS TO INDEMNIFY ONLYUSEDTESLA.COM AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITEITES OR ANY BREACH OF THESE TERMS AND CONDITIONS.
DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
You and the Site agree that any claims or disputes (“claims”) that arise out of or relate in any way to the terms of the TOS, the Site, or any service (including but not limited to billing disputes) shall be resolved by final and binding arbitration or in small claims court. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
Class Action Waiver
You and the Site agree that all claims between us will be resolved in an individual arbitration. Both parties agree that there will be no class, representative, or consolidated actions in arbitration. In addition, neither you nor the Site may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or the Site. You and the Site both waive any right to participate in any class action involving disputes between us. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in this TOS will remain in full force and effect.
The arbitrator’s authority is governed by this arbitration agreement. You and the Site agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by the TOS, but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with the Site. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
You and the Site agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. You will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law.
This arbitration agreement survives the termination of this Visitor Agreement between you and the Site.
Jury Trial Waiver
You and the Site expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in this TOS is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
The Site reserves the right at its discretion to change these TOS and will notify users of any such changes by online postings. Your continued use of the Service after the posting of any amended TOS shall constitute your agreement to be bound by any such changes. The Service may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of the Content at any time, without notice or liability.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY.