Terms of Use - Road2Autos.com

This page contains the User Agreement ("Agreement") between you and Road2Autos, LLC, Road2Autos.com and the Road2 make specific web sites (the "Site"). You may wish to print this page for reference.

This Agreement sets forth the terms and conditions for your use of this Site. Your access to and continued use of the Road2Autos.com web site constitutes your acceptance of, and is conditional upon your continued acceptance of and compliance with, the following terms and conditions.

Privacy Policy
Please review our Privacy Policy which is a part of this Agreement and describes how Road2Autos, LLC treats your personal information. By using the Site, you consent to the terms and conditions of this Privacy Policy and are aware that our policies may evolve in the future. If there is a conflict between our Terms of Use governing your use of the Site and this Privacy Policy, the Terms of Use control.
Your Rights
Road2Autos, LLC grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials provided hereon, and to download or print content displayed on our Site provided that you comply fully with this Agreement. However, it is illegal to reproduce any of the content on our site without our written permission and agree not to interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way.
Acceptance of Terms
Road2Autos.com provides a collection of online automotive classified ads, online automotive tools and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TERMS OF USE"). By using the Service in any way, you are agreeing to comply with the TERMS OF USE. In addition, when using particular Road2Autos, LLC services, you agree to abide by any applicable posted guidelines for all Road2Autos, LLC services, which may change from time to time. Should you object to any term or condition of the TERMS OF USE, any guidelines, or any subsequent modifications thereto or become dissatisfied with Road2Autos, LLC in any way, your only recourse is to immediately discontinue use of Road2Autos.com. Road2Autos, LLC has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, site moderation, active investigation, litigation and prosecution.
Service Charges and Payment
Road2Autos, LLC charges fees to new and used car dealers to access some areas of the site. Each party posting Content to the Service is responsible for said content and compliance with the TERMS OF USE. All fees paid to access these areas will be non-refundable in the event that content is removed from the service for violating the Terms of Use.

Road2Autos, LLC charges fees for the Premium Dealer service offerings and is available only through the purchase of a Premium Dealer subscription and renews automatically at the end of the applicable subscription period at the rate then in effect.

(a) You (the dealer) agree to pay, using a check or valid payment method which Road2Autos, LLC accepts, all fees and charges, including applicable taxes, you have incurred through your account, including the monthly or annual subscription charges to access the Premium Dealer Services. Road2Autos, LLC reserves the right to increase fees, or to institute new fees at any time. Fees are subject to change at Road2Autos’ sole discretion on the anniversary date and any such change will take effect thirty (30) days after the anniversary date.

(b) Unless you take action to cancel your auto-renewing subscription through one of the methods described below, Road2Autos, LLC will automatically renew your Premium Dealer Services Account and invoice you with payment due upon receipt. Road2Autos, LLC may send a reminder about the renewal, which will contain the current applicable subscription rate, to the email address provided in your account before your invoiced. In the event the Road2Autos, LLC invoice is not paid, we reserve the right to terminate your access to the Premium Dealer Services purchased through our Site.

(c) You may cancel your Premium Site subscription services at any time with a thirty (30) day written notice. Send your email to support@Road2Autos.com and type “cancel subscription” in the subject line. Upon cancellation, Road2Autos, LLC will NOT REFUND any remaining balance of your subscription fees. Your access to any Premium Dealer Service will terminate on the next monthly anniversary of your paid subscription date.

(d) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Road2Autos.com, including the Premium Dealer services.

(e) For purposes of identification and billing, you agree to provide Road2Autos, LLC with accurate, complete, and updated information required when when receiving a Free or purchasing a Premium Service on our Site, including registering for a Free or Premium Dealer service ("Registration Data"). Registration Data includes your name, address, telephone number(s) and valid email. Failure to keep information current may cause you TO NOT RECEIVE LEADS. You may check your “Account” page to determine whether your Registration Data is current and accurate. You may update your Registration Data at any time through the My Account feature by clicking the My Account link located at the top of the Road2Autos.com home page and logging in with your username and password. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at Road2Autos, LLC ' option, result in immediate suspension or termination of you’re right to use our Site, including the Premium Dealer services.

(f) You agree to promptly update your Registration Data in your “Account” page if you know of or suspect unauthorized use of your Premium Dealer service, or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your Premium Dealer service is subject to use without your authorization, go to your “Account” page to update your Registration Data or contact Customer Service.
Copyright and Trademarks
All materials on the Site, including without limitation text, images, software, databases, Premium Dealer services and other Site services and products (collectively, the "Content") are owned or controlled by Road2Autos, LLC or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Road2Autos, LLC. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You may not download, duplicate, copy, convert, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof, for any public and/or commercial use without the prior written permission of Road2Autos, LLC and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of Road2Autos, LLC or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of Road2Autos, LLC or the relevant Affiliate. In addition, you may not use our trademarks:

(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) in a manner likely to cause confusion; or
(c) in a manner that implies that Road2Autos, LLC sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
Communicating, Dealer Reviews and Ad Postings to the Site
Road2Autos, LLC, LLC is NOT RESPONSIBLE or liable for any Communication, Dealer Review or Ad Posting. Road2Autos, LLC cannot review all Dealer Reviews, Ad Postings and/or Communications made on or through the Site. Road2Autos, LLC reserves the right to reject, edit or remove any review for any reason, including that said review violates any of these terms and conditions or is objectionable (or portions thereof) which Road2Autos, LLC in its sole discretion deems inappropriate, offensive or contrary to any Road2Autos, LLC policy, or that violate this Agreement.

To help Road2Autos, LLC maintain a safe and civil environment, you agree that Road2Autos, LLC, LLC is not liable for content loaded by end users and you agree to not upload or distribute to, or otherwise publish through the Site any Communication which

(a) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, obscene, indecent, pornographic, profane, sexually explicit, abusive, or is harmful to anyone in any way;

(b) harasses, degrades, intimidates or is hateful toward an individual, company or group of individuals;

(c) impersonates any person or entity, including, but not limited to, a Road2Autos, LLC employee, dealership or falsely states or otherwise misrepresents your affiliation with a person or entity;

(d) includes personal or identifying information about another person or dealership without that person's explicit consent;

(e) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;

(f) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

(g) that includes links to commercial services or web sites, except as allowed in "services";

(h) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

(i) that employs misleading email addresses or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

(j) causes injury of any kind to any person or entity;

(k) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;

(l) violates any applicable laws, rules, or regulations;

(m) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(n) impersonates another person or entity, or that collects or uses any information about Site visitors.

Additionally, you agree not to:
(a) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

(b) "stalk" or otherwise harass anyone;

(c) collect personal data about other users for commercial or unlawful purposes;

(d) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Road2Autos, LLC ;

(e) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

(f) attempt to gain unauthorized access to Road2Auto's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Road2Autos.com website;

(g) use any form of automated device or computer program that enables the submission of postings on Road2Autos.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

(h) post, transmit or link to any untrue, abusive, unlawful, threatening, vulgar, libelous, defamatory, obscene, harassing, fraudulent, pornographic, abusive profanity, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

(i) restrict or inhibit users from posting a review;

(j) make a posting anonymously or under false or misleading user name or other identifier;

(k) post reviews within a dealership or using a dealership's internet connection;

(l) post reviews through a proxy connection in an attempt to obfuscate or anonymize your origin;

(m) post reviews that do not relate to a dealership experience;

(n) post duplicate or similar reviews based on the same experience, including that of another user;

Unsolicited E-Mail
You understand and agree that sending unsolicited email advertisements to Road2Autos.com email addresses or through Road2Autos.com computer systems is expressly prohibited. Any unauthorized use of Road2Autos.com computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
Limitations on Service
You acknowledge that Road2Autos.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of vehicle postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Road2Autos.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Road2Autos.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Road2Autos.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Access to the Service
Road2Autos.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Road2Autos, LLC. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

You may create a hyperlink to the home page of Road2Autos.com sites so long as the link does not portray Road2Autos, LLC, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Use of the Service beyond the scope of authorized access granted to you by Road2Autos.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Road2Autos, LLC.
Your password
As part of the registration process for the For Sale by Owner and Premium Paid services you will create a password. This password is for individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the For Sale by Owner and Premium Dealer services, and agree that Road2Autos, LLC will have no obligations with regard thereto.
Information Provided
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site, is at your sole risk. Road2Autos, LLC reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone acting in violation of this User Agreement at any time. You acknowledge and agree that Road2Autos, LLC is not responsible for any materials posted by users of the Site. Prior to purchasing any services described on the Site, you are advised to verify availability, pricing and other information. Neither Road2Autos, LLC nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.
Links to Other Sites
The Road2Autos, LLC site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Road2Autos, LLC, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Tranactions Between Sellers and Buyers
All transactions are between the Buyer and Seller and NOT Road2Auto. Your interactions with dealerships / organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such dealerships / organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate prior proceeding with any online or offline transaction with any and all third parties. You agree that Road2Autos, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Road2Autos, LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Road2Autos, LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Posting Agents
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Road2Autos, LLC ' resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Road2Autos, LLC. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Road2Autos, LLC.
Age Restrictions
You represent and warrant to Road2Autos, LLC that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
Financial Responsibility
You agree not to assign, transfer or sublicense your rights as a subscriber to the Any Dealer service. You agree to be financially responsible for all usage or activity on your Dealer services account.
Termination of Service
You agree that Road2Autos, LLC, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Road2Autos.com believes that you have acted inconsistently with the letter or spirit of the TERMS OF USE. Further, you agree that Road2Autos.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Indemnification
You hereby agree to indemnify, defend and hold harmless Road2Autos, LLC and its Affiliates from and against any and all liability and costs incurred by Road2Autos, LLC or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. Road2Autos, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Road2Autos, LLC.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, BASIC SERVICES, PREMIUM DEALER SERVICES OR OTHER PAID PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" AND "AS AVAILABLE." Road2Autos, LLC WILL NOT BE HELD LIABLE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE PREMIUM DEALER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED WHEN IDENTIFIED, THAT THE SITE OR PREMIUM DEALER SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Road2Autos, LLC AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, SECURITY, ACURRACY, OR NON-INFRINGEMENT.
Limitation of Liability
USE OF THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.

UNDER NO CIRCUMSTANCES SHALL Road2Autos, LLC OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR Road2Autos, LLC OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE PREMIUM DEALER SERVICES, EVEN IF Road2Autos, LLC, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.

THE TOTAL LIABILITY OF ROAD2AUTOS, LLC AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE PREMIUM DEALERSERVICES. YOU HEREBY RELEASE ROAD2AUTOS, LLC AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Termination
In addition to any other rights of the parties set forth herein, Road2Autos, LLC may cancel or terminate this Agreement at any time. Road2Autos, LLC also reserves the right to restrict, suspend or terminate your access to the Site and/or the Premium Dealer Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If Road2Autos, LLC terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, Road2Autos, LLC reserves the right to refuse to provide access to the Site or a subscription or any Premium Dealer services to you in the future.
Modifications
(a) To the Agreement.
Road2Autos, LLC reserves the right, at our sole discretion, to change, modify or otherwise alter this Agreement and any policies affecting the Site without limitation. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Road2Autos, LLC in providing the Site, including without limitation

You understand that all messages, text, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post whether through a data feed or by use of the site, email or otherwise make available via the Service. You understand that Road2Autos, LLC does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Road2Autos, LLC site and Content available through the Service may contain links to other websites, which are completely independent of Road2Autos, LLC. Road2Autos, LLC makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Road2Autos, LLC be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Road2Autos, LLC does not pre-screen or approve Content, but that Road2Autos, LLC shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Use or for any other reason.

(b) To the Site.
Road2Autos, LLC has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site and any Premium Dealer service. Road2Autos, LLC may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
General
The TERMS OF USE constitute the entire agreement between you and Road2Autos.com and govern your use of the Service, superceding any prior agreements between you and Road2Autos, LLC. The TERMS OF USE and the relationship between you and Road2Autos.com shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Road2Autos.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Denton County, Texas. The failure of Road2Autos.com to exercise or enforce any right or provision of the TERMS OF USE shall not constitute a waiver of such right or provision. If any provision of the TERMS OF USE is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TERMS OF USE remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS OF USE must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Violation of Terms and Liquidated Damages
Please report any violations of the TERMS OF USE to Road2Autos, LLC for review.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Road2Autos.com to pursue legal action to enforce these Terms, you will be liable to pay Road2Autos.com the following amounts as liquidated damages, which you accept as reasonable estimates of Road2Auto's damages for the specified breaches of these Terms:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Road2Autos.com one thousand dollars ($1,000) for each such message.

c. If you send unsolicited email advertisements to Road2Autos.com email addresses or through Road2Autos.com computer systems, you agree to pay Road2Autos.com twenty five dollars ($25) for each such email.

d. If you post Content in violation of the TERMS OF USE, other than as described above, you agree to pay Road2Autos.com one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Road2Autos.com may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the TERMS OF USE, in addition to any liquidated damages under clause (d), you agree to pay Road2Autos, LLC one hundred dollars ($100) for each and every Item you post in violation of the TERMS OF USE. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TERMS OF USE) agrees to pay Road2Autos.com an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TERMS OF USE.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Road2Autos, LLC express written permission, you agree to pay Road2Autos, LLC three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay Road2Autos, LLC actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Road2Autos.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

Subscribing to our Services or otherwise using our Site indicates your agreement to the terms and conditions set forth above.

Protecting Your Privacy
In various places on the Site, we collect "Personally Identifiable Information," such as your name, telephone number and e-mail address, or other information that can be used to identify you or contact you.

Road2Autos, LLC will not publicly post your Personally Identifiable Information on the site, except for the information you choose to publicly disclose in vehicle listings or vehicle inquiries.
Road2Autos, LLC does not list your email address to protect your identity and reduce spam.
Account information is password protected. Keep your password safe.
Road2Autos, LLC does not knowingly collect any Personally Identifiable Information from persons under the age of 18, and Road2Autos, LLC does not permit persons under the age of 18 to register on the Site. If Road2Autos, LLC learns that a listing is by a person under the age of 18, Road2Autos, LLC will remove that listing.

Dealers or individuals that place listings on Road2Autos, LLC, may provide links to third party web site(s), which may have different privacy policies than Road2Autos, LLC. We are not responsible for, nor have any control over, the privacy policies on these third party web site(s). We encourage all users to read the privacy policies of every web site you visit.

Registration is required to place listings or reviews through our service or to use other types of functionality that may require a fee. If you decide to register or sign up for certain services, you will need to give us certain Personally Identifiable Information, such as a valid e-mail address, physical address, zip code etc. This Personally Identifiable Information will be used to personalize and improve your Road2Autos, LLC experience.

You can review and change your Personally Identifiable Information or password at any time on the Edit My Info tab in the My Account section on Road2Autos, LLC.

Cookies
Like many web site(s), www.Road2Autos.com uses a standard technology called "cookies." A cookie is a small text file stored on your computer's hard drive that can be accessed by a specific web site to make your experience quicker and more convenient. Cookies help us understand how our users use the Site, which allows us to improve the service. We do not use cookies to retrieve any information from your computer other than the information we provide, such as a user code.

Data We Collect
In addition to Personally Identifiable you provide at registration or by using the service, we collect the following information:

When you place a listing or a review on www.Road2Autos.com, we collect a variety of information related to that listing (e.g., price, model). The public will see information that you include in your listing, and as such, Road2Autos.com has no control over how this information will be used. For that reason, please think carefully about what Personally Identifiable Information you disclose in your listing. You can always edit any of your listings.
"Anonymous Information" such as your IP address, the type of browser you use, the pages on our Site that you visit, the search terms that you enter and the advertisements that you click. This information is used to help us diagnose problems, administer the site and otherwise improve our service to you.

Data We Store
The following information is stored/archived in our database, even after the vehicle and account deletion, and may be used at our sole discretion:

Registration information
All listings and review content
Activity logs and other records
Name and email address
Vehicle information i.e. VIN number

Although we make good faith efforts to store information in a secure environment that is not made available to the public, we cannot guarantee complete security.

Circumstance in Which We Will Release Information
Road2Autos.com may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:

Respond to a legal process (e.g., subpoenas, court orders)
Respond to claims that a listing or content violates the rights of third parties
Enforce our Terms of Use
Protect the rights, property or personal safety of Road2Autos, LLC, its users or the general public

If we merge with or are acquired by another company, the resulting combined company may use the information you have provided as described in this Privacy Policy.

We reserve the right to modify this Policy at anytime.

©2011 Road2Autos.com, Inc. Last updated on July 17, 2010.