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Your use of this Website constitutes your agreement to all the terms, conditions and notices contained herein. This Website is offered to you, the user ("You," "User" or "Customer"), conditioned on your acceptance without modification of the terms, conditions and notices contained herein. If You do not agree to be bound by the terms, conditions and notices herein, do not use or access our services.
eVehicleSearch is an advertising company providing information services for vehicle data, condition, price, payment quotes and insurance. We are not a dealer or seller of vehicles. The information on the www.eVehicleSearch.com ("eVehicleSearch") Website is being provided for informational purposes only. eVehicleSearch provides an online venue for Users to obtain automobile price and payment quotes from participating Dealers and independent Sellers, NOT from eVehicleSearch. eVehicleSearch plays no part in the actual sales transaction and has no control over the quality or safety of the vehicles advertised, nor the truth or accuracy of the vehicle descriptions (including condition or installed options or equipment), nor the actual availability of any specific vehicle listed. Instead, all vehicles are as actually displayed at the Dealer's or Seller's location and not as described on this Website. All quotes are estimates only and may exclude items such as state and local taxes, any state and local governmental charges, registration, license and title fees, documentary fees, emissions certification fees and any added accessories that You may choose to place on a vehicle. On occasion, unintentional, but material, errors may occur in the entry of the condition, warranty, pricing and/or payment data that forms the basis of such quotes furnished through the eVehicleSearch Website. Because eVehicleSearch is only a venue, in the event of a dispute over the purchase or lease of a vehicle listed on this Website, You release eVehicleSearch from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such purchase, lease or dispute. KNOW WHAT YOU ARE SIGNING AT THE TIME OF PURCHASE OR LEASE, as a Dealer or Seller is not prohibited from independently negotiating all of the terms and conditions of the final sale or lease. Your acceptance of and execution of a contract for the purchase or lease of a vehicle and/or your purchase or lease of any vehicle is on an "as-is" or "implied warranty only" basis, except as otherwise specified in such written contract. Any terms, conditions, warranties or representations in a written contract with the Dealer or Seller are legally binding upon You, and NOT eVehicleSearch, which is not a party to the purchase or lease and makes no representations or warranties, implied or otherwise, as to the condition of vehicles listed on this Website. If you do not understand the agreement, you should have an attorney or other representative review the agreement and explain it to you. EvehicleSearch does not provide legal advise.
eVehicleSearch PRE-OWNED VEHICLE INVENTORY TERMS AND CONDITIONS
General Warranty Standards Applicable to All Pre-Owned Vehicles: NONE OF THE VEHICLES LISTED ON THIS WEBSITE ARE OWNED BY eVehicleSearch AND eVehicleSearch OFFERS NO EXPRESS OR IMPLIED WARRANTY ON ANY VEHICLE. Vehicles displayed for sale on this Website may be sold with or without warranty from the Dealer or Seller. UNLESS STATED OTHERWISE, ALL VEHICLES ARE SOLD "AS-IS", WITH ALL FAULTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED REPRESENTATIONS REGARDING A VEHICLE ARE THAT OF THE DEALER OR SELLER AND NOT eVehicleSearch. The Dealer or Seller is solely responsible for ensuring each vehicle meets minimum state and federal standards applicable for the model and year of vehicle prior to its sale, including all local, state and federal emissions and safety standards applicable for the model and year of vehicle. Pre-owned vehicles may be identified as “certified’ or” “non-certified” eVehicle search does not make any representations or warranties as to what constitutes a certified or a noncertified vehicle. The Dealer or Seller is responsible for all representations regarding the vehicles.
VEHICLE AVAILABILITY AND PRICES
EVEHICLESEARCH DOES NOT GUARANTEE VEHICLE PRICES OR AVAILABILITY. All transactions are conducted by and fulfilled through state licensed, franchised and non-franchised vehicle Dealers and/or individual Sellers. All vehicle descriptions and prices provided to You either on our Website or via separate contact following your submission of a purchase request are made by the participating Dealer or Seller possessing the desired vehicle and not by eVehicleSearch. ALL PRICES AND TERMS ARE BELIEVED TO BE ACCURATE ON DATE OF PUBLICATION ONLY. All data and information used in our research tools for configuring vehicle information, selecting options, determining pricing, invoice or incentives on this Website are supplied by third party vendors for informational and educational purposes only and are not intended to be binding on eVehicleSearch or the participating Dealer. All tools appearing on this Website that allow for configuring vehicles with different options do so with such items that are typically available from the manufacturer and are typically available at local dealerships and may not be indicative of all of the configurations and equipment available on the vehicle being configured or the exact price(s) for a vehicle so equipped. eVehicleSearch will attempt to locate a vehicle based on your request by searching through inventories provided by participating Dealers. All vehicles are subject to availability and final pricing from the Dealer and not eVehicleSearch. Any discrepancies or mistakes made regarding vehicle availability, condition or pricing are not the responsibility of eVehicleSearch and should be directed to the Dealer or Seller responsible for providing the information.
We do not guarantee either expressly or by implication that we will find a vehicle that meets your specifications. Exact matches can be extremely difficult to find because of geographic location, vehicle popularity, and limited production or factory-to-dealer allocations.
FINANCING
Estimates of payment amounts, interest rates and other financing information provided to You on this Website is for informational and educational purposes only and shall not be considered as final. Your actual payment will be based upon, among other things, the results of an independent credit evaluation, current prevailing interest rates, the length and amount of the loan requested, and the sales tax rate applicable to You.
You are also not required to participate with the additional credit services that are offered on this Website. As an informational Website, eVehicleSearch has provided hyperlinks to outside companies to help You understand your own credit situation. Any representations made on behalf of those credit resources on the eVehicleSearch Website are made by those respective companies and NOT by eVehicleSearch. By using those services, You are subject to the terms and conditions that those companies have in place. It is YOUR RESPONSIBILITY TO READ AND UNDERSTAND THEIR PRIVACY POLICIES, TERMS AND CONDITIONS AND OTHER POLICIES THOSE COMPANIES PRACTICE BEFORE GIVING PERSONAL INFORMATION AND/OR PARTICIPATING IN THEIR PROGRAMS.
SELL YOUR CAR
Those who offer vehicles for sale over eVehicleSearch should be prepared to sell the vehicles they advertise at the prices at which, and the terms on which, they advertise them. They must have possession of the actual vehicles listed and the ability to transfer title. To list a vehicle for sale on EVEHICLESEARCH.com, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller without any alteration to the content of their communications. Sell Your Car listings are available those who want to list their vehicles for sale, consistent with the Sell Your Car terms and conditions. eVehicleSearch reserves the right to deny use of this service to anyone who it believes has violated these Terms and Conditions or those of the Seller's Agreement.
INSURANCE REPRESENTATIONS
Information regarding insurance representations as they appear on this Website are provided to eVehicleSearch from independent third party providers and republished for educational benefit. eVehicleSearch is not an insurance broker acting on behalf of any consumer, nor is eVehicleSearch acting as an agent for a particular insurance company. eVehicleSearch is an information service where consumers may review a number of different automobile products on the market today. The insurance coverages presented by participating insurers are designed to meet the insurance needs of a majority of consumers. Your particular circumstances may differ and thus may require additional information. By supplying these information resources, eVehicleSearch is not making any recommendations or providing any advice as to whether or not any particular insurance coverage is suitable for your individual circumstance. eVehicleSearch does not endorse or recommend any specific insurance company or coverage plan. Your decision to select any particular insurance company and coverage plan should be based upon your own assessment of your individual needs and the amount of insurance coverage that meets those needs. All premiums displayed are estimates and not guaranteed.
OTHER THIRD PARTY RELATIONS
eVehicleSearch is an informational automotive resource located at http://www.eVehicleSearch.com/. Its purpose is to help consumers find value in automotive and related content provided. Much of the content is provided by third party companies that have agreed to work with eVehicleSearch to bring its users helpful information. eVehicleSearch agrees to maintain good and legal relations with these companies. In doing so, the format and representations of the content these companies provide is done so to be in compliance with their terms and conditions. In no way does eVehicleSearch expressly give or imply any warranties on this content. Such errors or representations are made by those companies, NOT EVEHICLESEARCH. By using such services You agree to hold harmless eVehicleSearch from any misrepresentations given in regards to the content found on the eVehicleSearch Website.
eVehicleSearch does not charge a fee to You to use its services except as otherwise specified. For instance, for a User to place a vehicle for sale on the eVehicleSearch Website, there is a charge to utilize this service. But in most cases, eVehicleSearch does not charge a fee to the Customer to use its services.
Absent a specific agreement between You and the Dealer or Seller, a Dealer or Seller is not required to hold any vehicle off the market and is free to sell any vehicle at any time before You have executed a contract to purchase such vehicle. The act of submitting a purchase request through our Website does not place a hold on any specific vehicle in a Dealer or manufacturer's inventory. A monetary deposit made by You to the Dealer is not a guarantee that a specific vehicle will be available for You to purchase unless You and the Dealer specifically agree to such term and the vehicle is clearly identified on a deposit receipt by the Vehicle Identification Number or Dealer Stock Number. It is your responsibility to confirm with the Dealer that the vehicle will be held off the market until You can arrive at the dealership to complete the purchase and whether or not an additional deposit is necessary as a condition of the Dealer holding the vehicle for You.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. The content available through this Website is the sole property of eVehicleSearch or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, EVEHICLESEARCH-owned content received through this Website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by eVehicleSearch licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Website to anyone, including but not limited to others in the same company or organization without eVehicleSearch's express prior written consent. You also agree that You will not use any robot, spider, software, routine, meta-search, automated query or device, or manual process to bypass security measures or to monitor or copy content contained on this Website, or for any other unauthorized purpose, without the prior expressed written permission of eVehicleSearch. You also agree that You will not interfere or attempt to interfere with the proper working of the Website, including attempting to access data not intended for you or for which you are not authorized to access; attempting to probe, scan or test vulnerabilities to breach security; attempting to interfere with the Website by submitting viruses, forging TCP/IP packet or other header information; flooding, spamming, mailbombing, or attempting to overload or crash the Website; or by taking any action that may impose an unreasonable or disproportionately large load on the infrastructure supporting this Website.
LIABILITY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER eVehicleSearch.COM, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. ALL CONTENT PROVIDED ON THIS WEBSITE (OTHER THAN THESE TERMS AND CONDITIONS) IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN eVehicleSearch AND YOU. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. eVehicleSearch AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. eVehicleSearch AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. eVehicleSearch AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL eVehicleSearch AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EVEHICLESEARCH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
eVehicleSearch.COM, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF eVehicleSearch.COM, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, You warrant to eVehicleSearch that You will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than eVehicleSearch. Such hyperlinks are provided for your reference only. eVehicleSearch does not control such websites, and is not responsible for their contents. eVehicleSearch's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites.
MODIFICATION OF THESE TERMS AND CONDITIONS
eVehicleSearch reserves the right to change the terms, conditions, and notices under which this Website is offered at any time without notice.
GENERAL
This agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Fresno County, California, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between You and eVehicleSearch as a result of this agreement or use of this Website. eVehicleSearch's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of eVehicleSearch's right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by eVehicleSearch with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. This agreement constitutes the entire agreement between the User and eVehicleSearch with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and eVehicleSearch with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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