Welcome to TCB The Car Buyer Terms and Conditions. Please read the below documents carefully before using our site, services, applications or products (“Services”).
TERMS & CONDITIONS
Please read this carefully before using our site, services, applications or products (“Services”). This is a legally binding contract between you and TCB The Car Buyer. By using the Services you agree to the following Terms and Conditions, as well as TCB The Car Buyer Privacy Notice. Your use of the Services constitutes acceptance the Terms and Conditions. If you do no accept these Terms, please do not use the Services.
TCB The Car Buyer TERMS OF USE AND LEGAL RESTRICTIONS (“TERMS”).
USE OF SERVICES
TCB The Car Buyer, authorizes you to view and download the materials from our website, services, app, applications or products, (“Services”) which contain, without limitation, information, data, text, photographs, videos, audio clips, written posts, comments, software, scripts, graphics (“Content”) only for your personal, non-commercial use, and only if you leave all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials from the Services in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website, application or networked computer environment for any purpose is prohibited. The materials contained within the Services are copyrighted. Any unauthorized use of any materials contained within the Services may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use the Services automatically terminates and you must immediately destroy any downloaded or printed materials.
SERVICES LICENSE
As a user of the Services you are granted a nonexclusive, non sublicensable, non transferable, revocable, limited license to access and use the Services and Content in accordance with these Terms. TCB The Car Buyer may terminate this license at any time for any reason.
LIMITATIONS ON USE
The Content on the Services is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from the Services or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Services or the Content without TCB The Car Buyer prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Services, except to the extent permitted above. You may not use or otherwise export or re-export the Services or any portion thereof, the Content or any software available on or through the Services in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Services or its Content is prohibited. You may not use data retrieved from this Services to solicit Users.
USER SUBMISSIONS
Other than personally identifiable information, which is covered under the TCB The Car Buyer Privacy Policy, any material, information or other communication you transmit or post to the Services will be considered public communications (“Communications”). Users retain ownership and/or other applicable rights to their Communications. You agree to grant TCB The Car Buyer and its designees an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, royalty-free license to your Communications. TCB The Car Buyer and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. TCB The Car Buyer has no obligations with respect to the use or disclosure of the Communications and TCB The Car Buyer has the right to remove any Communications at any time, with or without notice to you.
You also represent and warrant that you: hold all necessary right, title and license to any Communications to us; have not violated any rights of third parties; and, that your Communications are accurate, complete, up-to-date and not misleading. You are prohibited from posting or transmitting to or from the Services any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Agreement to Receive Electronic Communications: This disclosure provides important information required by rules governing electronic records and signatures and federal and state laws. Read this notice carefully. By using this website, contact forms, and the sell Car form submissions, it indicates that you accept all Terms and Conditions as stated herein and consent to receive electronic communications including but not limited to email, text messaging ( sms and mms ), telephone, etc. TCB The Car Buyer uses electronic communications means to communicate between you and the Company whether you have visited the site, sent us an email, submitted a form, or bought or sold a vehicle. For contractual purposes, you a) consent to receive communications from TCB in an electronically; and b) agree that all terms and conditions, disclosures, agreements, notices, and any other electronic communication that the Company provides or uses satisfy any and all legal requirements as if presented in written form. The preceding does not affect any of your non-waivable rights.
COUPONS, DISCOUNTS, RULES AND EXCLUSIONS
This important information below contains important information and disclaimers please take a minute and read it.
TCB The Car Buyer deserves the right to change, modify or amend these coupon rules and exclusions without prior notice. Your continued use of the site and all business communication and transactions with TCB The Car Buyer or any affiliate of TCB The Car Buyer shall be deemed to be your agreement to be bound by any such modifications, alterations or updated. Unless stated otherswise on a coupon, discount, deal, in an email or on our official website (www.thecarbuyer.com), all of our promotional coupons, discounts and deals expire 30 days from date you signed up for the newsletter or offer. Coupons have no cash value, may not be combined with any other coupons or discounts, are and are valid for website purchases only at www.thecarbuyer.com online checkout. These codes can be redeemed only at thecarbuyer.com for one-time use only. Code has no cash value, may not be combined with any other offers or promotions, will not be replaced if lost, and cannot be transferred or resold. If any fees included are more than maximum value of the Code, you must pay the remaining balance with a valid payment method. The price difference between purchased and maximum value of the Code will not be refunded.
LINKS TO OTHER WEBSITES
Links to third party Websites on the Services are provided solely as a convenience to you. If you use these links, you will leave the Services. TCB The Car Buyer has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, TCB The Car Buyer does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Services, you do this entirely at your own risk.
ADVERTISERS
The Services may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Services is accurate and complies with applicable laws. The Services will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials.
THIRD PARTY CONTENT
Third party content may appear on the Services or may be accessible via links from the Services. TCB The Car Buyer is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Services. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of TCB The Car Buyer.
COPYRIGHT
All design, images, audio clips, data and information, the selection and arrangement thereof as well as all software contained on the Services are, to the extent possible, copyrighted and/or otherwise proprietary to TCB The Car Buyer. You are authorized to download or print a hard copy of individual pages and/or sections of the Services, provided that you do not remove any copyright or other proprietary notices. This authorization is limited to use for information purposes only. Reproducing (in whole or in part), transmitting (by electronic means or otherwise), modifying, linking into or using for any public or commercial purpose any portion or all of the Services without prior written permission of TCB The Car Buyer is strictly prohibited.
If we believe a user may be infringing upon someone’s intellectual property right, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights. If you believe someone has posted on the Services a work that you own without your authorization, please send a notice of copyright infringement containing the following to our Designated Agent (whose contact information is below:
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- Your contact information, including address, telephone number and, if available, e-mail address;
- A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law;
- A statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringe.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for TCB The Car Buyer at: 4609 W Century Blvd Suite 200, Inglewood, CA 90304.
LIMITATION OF LIABILITY
TCB The Car Buyer DOES NOT PROMISE THAT THE SERVICES OR ANY CONTENT, SERVICE OR FEATURE OF THE SERVICES OR PRODUCTS SOLD THROUGH THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICES OR SERVICES OR PRODUCTS OFFERED THROUGH THE SERVICES WILL PROVIDE SPECIFIC RESULTS. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SERVICES, ITS CONTENT AND THE PRODUCTS AND SERVICES OFFERED ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TCB The Car Buyer CANNOT AND SHALL NOT BE HELD RESPONSIBLE FOR ERRORS, OMISSIONS, OR FAILURES OF ITS OWN TECHNOLOGY OR THE TECHNOLOGY OF ITS USERS. TCB The Car Buyer 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 SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
IN NO EVENT SHALL TCB The Car Buyer BE LIABLE FOR ANY LOST REVENUE OR PROFIT OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF TCB The Car Buyer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT ALLOWED BY LAW, TCB The Car Buyer’ LIABILITY TO YOU, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT PURSUANT TO WHICH THE LIABILITY ARISES. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE TERMS ABOVE MAY NOT BE APPLICABLE TO YOU.
USAGE
Usage by Children under 18 TCB The Car Buyer cannot prohibit minors from visiting the Services. TCB The Car Buyer must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view the site. TCB The Car Buyer requires that all purchases be made by individuals 18 years of age or older.
EXPORT
You shall abide by all applicable export laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act. You shall not transfer, by electronic transmission or otherwise, any Content derived from the Services to either a foreign national or a foreign destination in violation of such laws.
INDEMNITY
You agree to indemnify and hold harmless TCB The Car Buyer and all of its officers, directors, owners, shareholders, partners, , employees, agents, successors and assigns against and from any and all claims, actions, damages, fines, penalties, liabilities, losses, costs and expenses (including without limitation reasonable attorney’s fees) arising out of, relating to or in connection with: (i) your use of the TCB The Car Buyer Services; (ii) your purchase, ownership or sale of products through the Services ; or (iii) shipment of any property under these Terms.
UNLAWFUL ACTIVITY
TCB The Car Buyer reserves the right (but has no obligation) to investigate complaints or reported violations of these Terms and to take action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
REMEDIES FOR VIOLATIONS
TCB The Car Buyer reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular Internet address to the Services.
APPLICABLE LAWS
The Services are administered by TCB The Car Buyer from its offices in California. TCB The Car Buyer makes no representation that materials or information at the Services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or information at the Services or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access the Services from outside the United States, you do so of your own initiative and you are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.
DISPUTE RESOLUTION California law governs these Terms.
If there is any dispute related to any subject of these Terms (except as noted below), we agree that the dispute shall be resolved by binding arbitration in Los Angeles, California in accordance with the Comprehensive Rules and Procedures of JAMS Arbitration, Mediation, and ADR Services (www.jamsadr.com) or its successor then in effect. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, you and TCB The Car Buyer will attempt to resolve the claim or dispute informally. If you and TCB The Car Buyer do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.
The decision of the arbitrator shall be final and binding on the parties. The arbitrator shall render the award in writing, explaining the factual and legal basis for decision as to each of the principal controverted issues. The parties and each of them expressly agree that any petition to confirm, modify or enforce the arbitral award shall be resolved by the Los Angeles County Superior Court, to which jurisdiction the parties hereby submit. To the maximum extent permitted by law, the proceedings and results of the same shall be kept confidential.
The parties and each of them agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration all parties waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
PRIVACY
Your use of the Services is subject to TCB The Car Buyer’ Privacy Policy, available through this link.
SEVERABILITY OF PROVISIONS
If any part of these Terms is deemed invalid or unenforceable, the remainder shall remain in full force and effect.
INTERNATIONAL BUYERS
Notice: All international buyers assume any and all responsibility for all applicable VAT, taxes, duties, tariffs or customs due. It is the buyer’s responsibility for shipping in the event of a customs issue or return.
GENERAL
TCB The Car Buyer may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Services. You are responsible for regularly reviewing the Terms of Use. Continued use of the Services after any such changes constitutes your consent to such changes.
DUTIES & TAXES
All transactions on the Services are in U.S. Dollars ($).Your order total is set at the exchange rate when your order is placed. International taxes, tariffs and value-added tax (VAT) are the responsibility of the customer. Duty, customs tariffs and VAT are set by the destination country. They are determined based on the purchased merchandise’s country of origin or manufacturing and the classification of that merchandise in accordance with a harmonized system adopted. The amount of applicable duty, tariffs, taxes and VAT will vary by country and are the sole responsibility of the customer.
WAIVER
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms will be effective only if in writing signed by an officer of TCB The Car Buyer.
