LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access IM in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from IM, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with IM, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI").
MODERATION. You agree we may moderate IM access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to IM, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and IM is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your IM use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("IM ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) IM ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
CLAIMS. You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your IM use is governed by California ("CA") law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in San Francisco, CA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against IM Entities; (6) (except government agencies) to indemnify IM Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your IM use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
PRICING. You agree that all price information displayed on any vehicle you may list on instamotor is the full cash price available to any prospective buyer. Prices cannot (1) require certain conditions to be met, (2) be deceitful or harmful to consumers, or (3) violate any local, state, or federal laws, rules and regulations. Examples of (1) conditions, include but are not limited to; qualifying for dealer financing, requiring a large down payment, or qualifying for incentives, such as loyalty, military, or student rebates. Examples of (2) deceitful pricing include, but are not limited to listing the down payment amount only or displaying the monthly payment amount only. Failure to comply with these guidelines may result in modification, deletion, or suspension of vehicle listings or user accounts.
ACCURACY. You agree that all information you provide pertaining to (1) any vehicle you are offering for sale or (2) the dealership which you are representing is accurate to the best of your knowledge. If you are registered with instamotor as a “Dealer” type seller, you must use the legal entity name of the dealership you are representing, provide the physical address where you conduct official dealership business, and maintain a proper, active, and valid dealership, business, and/or tax license(s) required in your state. Examples of inaccurate information include using photos of a vehicle other than the actual vehicle being offered for sale, intentionally editing or cropping photos to hide a vehicle’s true condition, or misrepresenting or falsifying dealership credentials such as name or address. Failure to comply with these guidelines may result in modification, deletion, or suspension of vehicle listings or user accounts.
CONTENT. By posting a vehicle for sale on instamotor, you agree to have your post’s content reviewed and moderated by instamotor. Your free-text inputs, photos, or other information may be modified, redacted, deleted, or censored. We discourage any content that we may deem harmful to instamotor’s business or users, such as (1) asking users to contact you initially using any method other than the “Contact Seller” button on the vehicle’s instamotor posting, (2) offering products other than the vehicle itself. Examples include photos containing a “watermark” or frame, or placing a phone number or other contact information in any free text field on a vehicle’s posting.
ELECTRONIC DOCUMENTS, CREDIT INQUIRY ELECTRONIC DOCUMENT CONSENT.
You understand that by clicking any button indicating acceptance of these terms, you acknowledge and agree: (1) you can receive documents electronically, including e-mail messages sent to your e-mail address and (2) you can access and retain those documents provided electronically by Lending Partner. This Consent for Electronic Documents informs you of your rights when receiving Documents electronically. By agreeing to receive information from Lending Partner electronically, you will receive certain disclosures, notices, information and documents related to your credit inquiry, loan application and loan ("Documents") electronically through Lending Partner’s website(s), other web sites related to your loan application, in an e-mail message or as an attachment to an e-mail message to the email address you provide to us or to Lending Partner or otherwise. Your consent for electronic documents will apply to the credit product inquiry and transaction you have requested through us from Lending Partner which may give rise to the obligation to provide Documents and to any other transactions you may have with Lending Partner. You will not be able to submit a credit product inquiry or loan application unless you consent to the receipt of electronic Documents.
To access the Documents, you will need a working email address, Adobe Acrobat Reader, and a personal computer or other access device that can access the Internet using a web browser. To retain the Documents, your personal computer or access device must allow you to download and save Documents to your hard drive or external storage media, print web pages as well as embedded HTML files, or both. You can save and/or print this page to be sure you have the necessary hardware and software.
You may withdraw your consent to receive Documents electronically at any time by contacting Lending Partner by telephone at 1-844-267-1670. If you withdraw your consent prior to the funding of your loan, the loan process will be terminated. If you decide to withdraw your consent, any Document previously provided as an electronic Document will remain valid, enforceable, sufficient for its intended purpose, and unaffected by the withdrawal of your consent.
If you wish to obtain a paper copy of any of the Documents, you may call Lending Partner by telephone at 1-844-267-1670 and request a copy at no charge.
You can update your e-mail address or mailing address on the Lending Partner website.
CREDIT INQUIRIES. We seek to provide financing and may work with other lenders. (“Lending Partner”) to assist qualified buyers in obtaining financing for a vehicle purchase. You acknowledge and agree that information you provide to us is complete, accurate and correct and will be used by us and shared with Lending Partner to determine if you qualify for Lending Partner’s credit products and services. You authorize us to share your credit application information with Lending Partner for the purpose of considering your credit inquiry, and for Lending Partner to share with us the results of your credit inquiry and certain other loan information.
You understand that by clicking any button indicating acceptance of these terms and proceeding with our and Lending Partner’s process, you are providing written instructions to Lending Partner under the Fair Credit Reporting Act authorizing them to obtain information from your personal credit profile or other information from a credit reporting agency, and authorizing Lending Partner to evaluate and verify the information you have provided, for the purpose of determining if you qualify for Lending Partner’s credit products and services.
COMMUNICATION CONSENT. You consent to us and Lending Partner (including our respective affiliates, agents and service providers) contacting you at the phone numbers, including your cell phone number, that you have provided, using a live caller, an automated dialer, an artificial pre-recorded voice or text messages. You intend this consent even if your phone numbers are included in a do-not-call list or registry.
PARTNER AUTHORIZATION. By availing yourself of our process, and that of Lending Partner, and to maximize the support offered by us and Lending Partner, you authorize and consent to information sharing as described below.
In the case of a buyer obtaining financing:
In the case of a vehicle seller:
Please print and retain a copy of these consents for your records.