Terms of Use


Please read this Agreement carefully before accessing WiseGarage.com. As a condition to and in consideration of receiving and accessing WiseGarage.com, the User agrees to be bound by the terms of this Agreement. Use of or access to WiseGarage.com shall constitute acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS WiseGarage.com. If you have any questions about this Agreement, please contact us via e-mail at info@wisegarage.com.


WiseGarage.com Access Agreement


THIS AGREEMENT "Agreement" is entered into by and between WiseGarage.com and anybody who accesses or uses WiseGarage.com (the "User" or "you"). WiseGarage.com, which is provided without charge to you, is a World Wide Web site on the Internet (the “website”) that is designed to allow users to post vehicles and/or to view vehicles posted by other users. WiseGarage.com contains or may contain information, communications, opinions, text, graphics, links, photos, and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of WiseGarage.com that can be modified by Users, such as posting vehicles, uploading photos, and registering user profiles.



1. User Rights and Responsibilities


You agree to access and use WiseGarage.com only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations. By accessing WiseGarage.com, you agree that you will not:
  1. restrict or inhibit any other user from using and enjoying the Interactive Features;
  2. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, 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;
  3. post or transmit any information, software, or other material which violates in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
  4. post or transmit any information, software or other material which contains a virus or other harmful component;
  5. alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access WiseGarage.com;
  6. disrupt the normal flow of communication in an Interactive Area;
  7. claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
  8. violate any operating rule, policy or guideline of your Internet access provider or online service.


2. Intellectual Property Rights


2.1 Ads content.

  1. You acknowledge that Content on WiseGarage.com is generally provided by WiseGarage.com, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that WiseGarage.com permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that WiseGarage.com owns a copyright in the "look and feel," i.e., the selection, coordination, organization and presentation of such Content.
  2. You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "WiseGarage.com" and its URL address. You acknowledge that WiseGarage.com, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.


2.2 Content Provided by User.

You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through WiseGarage.com only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on WiseGarage.com, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to WiseGarage.com the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit WiseGarage.com to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.


3. Buying and Selling Vehicles


WiseGarage.com is a vehicle ad posting and information service that brings together buyers and sellers of vehicles. Information about a particular vehicle is supplied by the seller, not by WiseGarage.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 WiseGarage.com often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Though we hope that all who come to WiseGarage.com will act honorably and treat each other fairly, we can't verify the information that sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that the check he/she gets from the buyer isn't going to bounce. When using this website to find a buyer for your vehicle or a vehicle you can buy, we urge you to use the same common sense and good judgment you would use in selling a car through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and your own good judgment.

When you offer a vehicle for sale through WiseGarage.com, you must be prepared to sell that vehicle at the price at which, and the terms on which, you've listed it. You must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on WiseGarage.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. You may not charge any potential buyer for information about any vehicle listed for sale on WiseGarage.com, nor may you use our website to promote, without our prior written permission, any other website, product or service. Sell Your vehicle listings are available only to private sellers who want to list their vehicles for sale. WiseGarage.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 a manner we consider inappropriate.

Responsibility for the information contained in listings lies with each seller. You alone are responsible for material you post and for the content of all email messages transmitted through WiseGarage.com. Nothing will undermine a user's confidence in the vehicle you're looking to sell faster than inaccurate statements or misleading representations about the vehicle. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat WiseGarage.com users fairly and honorably.

Although WiseGarage.com cannot monitor all the listings posted to our website, we reserve the right (but assume no obligation) to delete, move, or edit any listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using WiseGarage.com you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy WiseGarage.com. 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 WiseGarage.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 Visitor Agreement, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or WiseGarage.com.

By submitting an ad through our service, you agree to pay the fees specified for the listing package you select, regardless of whether your vehicle sells as a result of the listing. Take care in selecting your listing package and inputting your listing information; there is a refund program that some sellers are entitled only if nobody contacted them for two months. See “Refund policy” for detail.

Our used vehicle ad posting include vehicles that have been "certified" as meeting certain standards established by manufacturers and/or dealers in connection with their pre-owned vehicle programs. The decision to certify any particular vehicle is made by the certifying manufacturer or dealer, and the vehicle information included in WiseGarage.com's certified vehicle listing is provided by the listing dealer. Neither WiseGarage.com nor the manufacturer is responsible for the accuracy of any information contained in a certified vehicle listing and only the manufacturer or dealer that certifies a vehicle is responsible for the decision to certify that vehicle. You should familiarize yourself with the terms of the applicable certification program before buying any certified vehicle.



4. Termination


The only right with respect to dissatisfaction with any policies, guidelines, or practices of WiseGarage.com in operating WiseGarage.com, or any change in Content, is for you to discontinue accessing WiseGarage.com. WiseGarage.com may terminate or temporarily suspend your access to all or any part of WiseGarage.com, without notice, for conduct that WiseGarage.com believes is a violation of this Agreement or any policies or guidelines posted by WiseGarage.com, or for other conduct which WiseGarage.com believes, in its sole discretion, is harmful to WiseGarage.com or other Users. WiseGarage.com may discontinue operating WiseGarage.com and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access WiseGarage.com, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from WiseGarage.com, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.



5. Links; Disclaimers Of Warranties; Limitations of Liability


5.1 Links.

For your convenience, we make available a variety of links to other websites that we don't operate where you can obtain automotive related products and services, including insurance, warranties, financing and inspection services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. WiseGarage.com is not responsible for the products or services these vendors provide. If you choose to purchase an inspection through such a third-party website, remember that an inspection is not a warranty. Although inspections can be of significant value in the purchase of a pre-owned car, an inspection is not a guarantee that the inspected car is free from defects or that the inspectors have identified all existing defects. Before you purchase inspection services, you should confirm with the inspector the location at which the inspection will be conducted, the scope and price of the inspection, and any other information you consider important to your decision. You are responsible for coordinating and arranging for the inspection. You release WiseGarage.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.


5.2 Disclaimer of Warranties.

Please use your best judgment in evaluating all information contained or opinions expressed on WiseGarage.com. It is the policy of WiseGarage.com not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF WiseGarage.com IS AT YOUR SOLE RISK. NEITHER WiseGarage.com NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT WiseGarage.com OR ANY INTERNET SITE LINKED TO OR FROM WiseGarage.com WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WiseGarage.com OR ANY INTERNET SITE LINKED TO OR FROM WiseGarage.com OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH WiseGarage.com OR ANY SITE LINKED TO OR FROM WiseGarage.com. WiseGarage.com IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


5.3 Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL WiseGarage.com BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, WiseGarage.com, OR ANY INTERNET SITE LINKED TO OR FROM WiseGarage.com, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.

UNDER NO CIRCUMSTANCES SHALL WiseGarage.com BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN WiseGarage.com OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM WiseGarage.com. THE CONTENT WITHIN WiseGarage.com AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM WiseGarage.com MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF WiseGarage.com AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. WiseGarage.com AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WiseGarage.com IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY WiseGarage.com’s SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF WiseGarage.com, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING WiseGarage.com.



6. Indemnity


You agree to indemnify and hold WiseGarage.com claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of WiseGarage.com or any Internet site linked to or from WiseGarage.com, or in connection with the transmission of any Content on WiseGarage.com.



7. Miscellaneous


This Agreement comprises the entire agreement between WiseGarage.com and you, and supersedes any prior agreements with respect to the subject matter herein. WiseGarage.com may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on WiseGarage.com. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing WiseGarage.com. Your continued accessing and use of WiseGarage.com following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of WiseGarage.com to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of WiseGarage.com, excluding its conflict of laws rules, and you and WiseGarage.com each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from WiseGarage.com have been done strictly for clarification and identification and does not constitute endorsement by WiseGarage.com of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of WiseGarage.com by such trademark, service mark or link owner.




Copyright 2008, 2009, 2010 © all rights reserved by WiseGarage.com
Built by Saturna Software Systems
 
You are not logged in.  [Login]