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TERMS OF SERVICE Welcome to Swap My Whip.com, a Krause Capital, LLC. By using this website, you accept the terms of this agreement. This is a legally binding agreement between you and SwapMyWhip.com, so please read it carefully. 1. General Provisions Swap My Whip.com respects your privacy. Please take a moment to review our privacy statement. We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to us at service@swapmywhip.com, along with an explanation of your objection. 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 by sending email to service@swapmywhip.com. Swap My Whip.com reserves the right to change the terms of this agreement at any time. By continuing to use this website following our posting of such changes, you agree to continue to be bound by this agreement, as modified. Additionally, Swap My Whip.com reserves the right to change, restrict access to, suspend, or discontinue this website, or any portion thereof, at any time. The material that appears on Swap My Whip.com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing a vehicle or other goods or services you've discovered on Swap My Whip.com, you should confirm with the owner/vendor any information that is important to your purchasing decision. As Swap My Whip.com is strictly a vehicle listing and information service, Swap My Whip.com is not responsible for, nor guarantees any such vehicles or goods or services in any manner, including, but not limited to, the Implied Warranty of Merchantability or the Implied Warranty of Fitness for a Specific Purpose. 2. Buying and Selling Vehicles Swap My Whip.com is a vehicle listing and information service that brings together buyers and sellers. Information about a particular vehicle is supplied by the seller, not by Swap My Whip.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on Swap My Whip.com are determined by the sellers and may or may not include regulatory taxes or surcharges, including but not limited to sales tax, finance charges, title fees, license fees, dealer documentary fees, emission testing or any other regulatory fees. Swap My Whip.com is not an advisory service for which regulatory fees may or may not apply to a particular sales transaction. Therefore, it is the sole responsibility of both the seller and the buyer to ensure the mutually agreed upon sales price for any vehicle or goods and services sold utilizing the services of Swap My Whip.com include any and all governmentally mandated fees. Swap My Whip.com can not verify nor guarantee the information provided by the seller is accurate. Additionally, Swap My Whip.com is not a guarantor of the funds promised to the seller by the buyer. Therefore, it is mutually incumbent upon both the seller and the buyer that all details associated with their transaction are independently verified. As such, Swap My Whip.com is not responsible for any misrepresentations, misunderstandings, failure of either the seller or buyer to consummate the sale, or any other false or misleading information provided by either the seller or the buyer of any particular sales transaction. Swap My Whip.com encourages all users of their services to do so with healthey skepticism and report any sellers or buyers that provide false or misleading information. Swap My Whip.com reserves the right to screen some, or all listings and email exchanges before posting the information publicly. This screening may result in delays of publicly posting your information. When offering a vehicle for trade/sale through Swap My Whip.com, the seller guarantees that he or she is prepared to sell that vehicle at the price and the terms listed. Additionally, when posting a vehicle or goods and services on Swap My Whip.com, the seller also guarantees that he or she has legal possession of the actual vehicle listed and the ability to legally transfer title. Swap My Whip.com ads are available only to private traders/sellers who want to list their vehicles for trade/sale. To list a vehicle for sale on Swap My Whip.com, traders/sellers are required to provide currently accurate identifying and contact information. Additionally, neither seller or buyer shall charge any potential trader/buyer for information about any vehicle listed for sale on Swap My Whip.com, nor shall any sellers or buyers use this website to promote, without Swap My Whip.com's prior written permission, any other website, product or service. Swap My Whip.com ads shall not be used to advertise more than one vehicle per ad purchased, regardless of ad duration. For this reason, sellers cannot edit their vehicle's Year, Make, Model or VIN once they have purchased their ad. Sellers who seek to list more than three vehicles on the Swap My Whip.com website simultaneously, must contact Swap My Whip.com at service@swapmywhip.com. Additionally, any party wishing to inquire about advertising opportunities on Swap My Whip.com, please contact us at service@swapmywhip.com. By listing your vehicle on the Swap My Whip.com website, you represent that you are not a motor vehicle dealer, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and that neither you, nor anyone acting on your behalf will list more than three vehicles for sale simultaneously. Swap My Whip.com reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses our website in an inappropriate manner. Because we can't monitor every transaction originating through a listing on Swap My Whip.com, we reserve the right to perform random quality assurance tests to confirm the accuracy of the information and terms provided by sellers and buyers. As such, if Swap My Whip.com determines that a seller is engaging in 'bait and switch' or other unfair or deceptive practices, Swap My Whip.com reserves the right to deny that seller use of the Swap My Whip.com service indefinitely. By placing an ad through Swap My Whip.com, you explicitly agree to pay Swap My Whip.com all fees specified, regardless of whether or not you successfully sell or trade the vehicle specified. It is the responsibility of both the seller and the buyer to verify the accuracy of the posting information when inputting the ad information. 3. Links to Other Sites For your convenience, Swap My Whip.com provides numerous links to other websites that are not under Swap My Whip.com's direct or indirect control. Such links may include, but are not limited to automotive related products and services, insurance information, warranties, financing and inspection services. Although we encourage you to consult such websites, Swap My Whip.com does not guarantee the prices, terms, quality, reliability or performance of the products or services provided by any third party vendors. As such, both sellers and buyers are solely responsible for verifying that the terms of any potential business conducted with any of these third party vendors meet with their satisfaction. Additionally, by using this website, you indemnify Swap My Whip.com and Krause Capital, LLC against any liability or damages incurred by you as a result of any transaction conducted with any third party vendor that provides information on this website. 4. Ownership and Permissions Swap My Whip.com is made available for your personal, non-commercial use only. The materials on this site are the property of Krause Capital, LLC dba Swap My Whip.com, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on Swap My Whip.com should be sent to our service@swapmywhip.com You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Swap My Whip.com or Krause Capital, LLC. However, without the prior written permission of Krause Capital dba Swap My Whip.com, you may not frame any of the content of Swap My Whip.com, nor incorporate into another website or other service any intellectual property of Swap My Whip.com or its owner. Requests for permission to frame our content may be sent to service@swapmywhip.com. Swap My Whip™ and the Swap My Whip logo, which are trademarks of Krause Capital, LLC, are used by Swap My Whip.com. The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on Swap My Whip.com without the prior written consent of the owner of the mark. All contents of this site are: Trademarked 2009 Swap My Whip by Krause Capital, LLC. All rights reserved. You may post listings, ratings, reviews, comments and other content, so long as the content is not false, misleading, illegal, obscene, threatening, defamatory, invasive of privacy rights, infringing of copyright, trademark or other intellectual property rights, or otherwise injurious to Swap My Whip.com or third parties. By submitting content to Swap My Whip.com you agree to abide by the terms of this Terms of Service and any rules or policies established by Swap My Whip.com for the area of our site in which you post your content. By submitting listings, ratings, reviews, comments or other content to Swap My Whip.com, you represent and warrant that your submission does not contain any computer viruses, worms, or other damaging computer files or code and that you own or otherwise control all of the rights (including any copyright, trademark, trade secret, patent or other intellectual property right) to the content that you submit.You further represent that the content is accurate, that the use of the content you submit does not violate this Terms of Service, any applicable laws or regulations or the intellectual property rights of any third parties and will not cause injury to any person or entity, and that you will indemnify and hold harmless Swap My Whip.com, its owner, Krause Capital, LLC, and all of their respective officers, directors, employees and representatives) from all claims, demands, damages and costs (including attorneys' fees) resulting from content you submit. If you submit a vehicle rating and/or review, you represent that your submission is based on your own honest opinion, finding and/or experience, that you are not employed by the manufacturer of the vehicle you are rating or writing about and that you have not received and will not receive any compensation for your submission. By submitting any content to Swap My Whip.com, you are permanently granting Swap My Whip.com and its owners, all rights to the material, including a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, distribute, and display such content throughout the world in any media without compensation to you, and to maintain the material in an archive. Among other things, Swap My Whip.com uses listings data to derive other useful information (such as vehicle valuation information) for display, sale and distribution. You further grant to Swap My Whip.com and its owner and successors the perpetual right to use your name, image and likeness in connection with such content, if they choose, without compensation to you. Although Swap My Whip.com cannot monitor all the listings and content posted to our website, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to Swap My Whip.com. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Terms of Service, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or Swap My Whip.com and its owner, Krause Capital, LLC.. Notwithstanding the foregoing, Swap My Whip.com, and its owner, Krause Capital, LLC, takes no responsibility and assumes no liability for any content posted to our website by you or other third parties. 5. Disclaimer of Warranties, Limitation of Liability, and Indemnification IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, 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 OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU 'AS IS.' SWAP MY WHIP.COM AND ITS OWNER, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KRAUSE CAPITAL LLC DBA SWAPMYWHIP.COM AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO OUR WEBSITE BY YOU OR ANY OTHER THIRD PARTY. UNDER NO CIRCUMSTANCES WILL SWAP MY WHIP.COM OR ITS OWNER, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF SWAP MY WHIP.COM AND ITS OWNER, AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SWAP MY WHIP.COM,, ITS EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING YOU PLACE THROUGH OUR SELL YOUR CAR SERVICE. 6. Registration To obtain access to certain Swap My Whip.com services, you will be given an opportunity to register with Swap My Whip.com. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing Swap My Whip.com through any username/password assigned to you. You will notify Swap My Whip.com of any known or suspected unauthorized use of your account, by emailing us at service@swapmywhip.com. 7. Miscellaneous No spamming or data scraping. We want potential buyers visiting Swap My Whip.com to feel free to share their email addresses with those listing vehicles for sale on our site. By listing a vehicle for sale on this site, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that vehicle. By using this website, you agree not to use information concerning other users of Swap My Whip.com, or the vehicles they've listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential trade/purchase of a listed vehicle. This Terms of Service has been made in, and will be construed in accordance with the laws of, the State of Georgia. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Cobb County, Georgia in all disputes arising out of or relating to this Agreement or use of this website.
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