Deals On Wheels Visitor Agreement

Welcome to DealsonWheels.com, a service of AutoTrader.com, Inc. In this Visitor Agreement, the terms "we," "us," or "our" refer to DealsonWheels.com and the terms "you" and "your" refer to you as a user of this website.

1. General Provisions

By using this website, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and DealsonWheels.com; please read it carefully. When using this website, you may be subject to other posted guidelines or rules applicable to certain services available on the website. All such guidelines and rules, and all policies and guidelines that are referenced herein, are part of this Visitor Agreement. Accessing this website in any manner, even through automated means, constitutes your use of the website and your agreement to be bound by this Visitor Agreement.

We respect your privacy. Please take a moment to review our Privacy Statement.

We invite you to bring to our attention any material on our website that you believe to be inaccurate. Please forward a copy of the material to our Operations Manager, along with an explanation of your objection.

DealsonWheels.com may change the terms of this Visitor Agreement from time to time. By continuing to use this website following our posting of such changes, you agree to be bound by this Visitor Agreement, as modified. DealsonWheels.com may change, restrict access to, suspend, or discontinue this website, or any portion of this website at any time.

The material that appears on the DealsonWheels.com website is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing a vehicle or other goods or services you have read about on DealsonWheels.com, you should confirm with the seller any information (including the price) that is important to your purchasing decision. DealsonWheels.com is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services.

2. Buying and Selling Vehicles

DealsonWheels.com is a vehicle listing and information service that brings together buyers and sellers. Information about a particular vehicle is supplied by the seller, not by DealsonWheels.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 DealsonWheels.com often exclude sales tax, finance charges, title, license, and regulatory 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 DealsonWheels.com will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that payment he or she receives from the buyer is legitimate. When using this website to find a buyer for your vehicle or a vehicle to purchase, we urge you to use the same common sense and good judgment you would use in selling a vehicle through, or responding to, a classified ad in the newspaper.

Please read our fraud awareness tips before you buy or sell a vehicle through our website, whether on DealsonWheels.com or anywhere else. There is no substitute for healthy skepticism and your own good judgment.

In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing. We may also screen some email messages sent to sellers about vehicles listed on DealsonWheels.com. If it appears that your email message has not reached the seller of the vehicle you are inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.

In order for you to offer a vehicle for sale through DealsonWheels.com, you must agree to the Terms of Sale for the Sell It service, which will be presented to you at the time you purchase your ad. The Terms of Sale require, among other things, that you be prepared to sell that vehicle at the price at which, and the terms on which, you have listed it. You must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on DealsonWheels.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 DealsonWheels.com, nor may you use our website to promote, without our prior written permission, any other website, product or service. Private sellers who want to list their vehicle for sale may do so by purchasing a listing on DealsonWheels.com.

Listings are not to be used to advertise more than one vehicle, regardless of a listing's duration. For this reason, you cannot edit your vehicle's Year, Make, Model or VIN once you have purchased a listing. Always double-check this information before purchasing a listing.

Individuals who seek to list more than five vehicles on the DealsonWheels.com website simultaneously, and all commercial sellers, must make other arrangements with us. To find out more about listing and advertising opportunities on DealsonWheels.com, visit www.classicsdrivesresults.com. By using our website to sell your vehicle as a private seller, you represent that you are not a motor vehicle dealer, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and that neither you, nor anyone acting on your behalf will list more than five vehicles for sale simultaneously. DealsonWheels.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.

DealsonWheels.com offers a variety of ad packages to private sellers, with combinations of features that may vary. For information about the ad packages available to private sellers, click the "Sell It" tab or button on our website. DealsonWheels.com offers a variety of ad packages to dealers, with combinations of features that may vary, and which are distinct from private seller ad packages. Please visit www.classicsdrivesresults.com for more information.

When you list a vehicle for sale through our website, we may obtain additional distribution for your listing through our relationships with other websites. We may also promote your listing on or through third-party websites or services. Neither DealsonWheels.com nor any website through which we distribute or promote your listing will charge you any additional fee for this additional exposure. It is simply added value from DealsonWheels.com. Further, none of our distribution or promotional partners will directly contact you regarding your advertising unless you expressly grant them the right to do so. If you ever receive a call or email from a third party company offering add-on advertising services, they have likely the DealsonWheels.com website and violated our Visitor Agreement to exploit your listing information. Additionally, they may be in violation of federal telemarketing law and other law, and they may not even be a legitimate company. If they claim that they are a DealsonWheels.com partner, that is false advertising.

Responsibility for the information contained in each listing lies with each seller. You alone are responsible for material you post and for the content of all email messages you transmit through DealsonWheels.com. Nothing will undermine a user's confidence in the vehicle you are 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 other DealsonWheels.com users fairly and honorably.

Though we cannot monitor every transaction that originates through a listing on DealsonWheels.com, we may perform random quality assurance tests to confirm that those who offer vehicles for sale over DealsonWheels.com are prepared to sell the vehicles they advertise at the prices at which, and the terms on which they advertise them. By using our website, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in "bait and switch" or other unfair or deceptive practices, DealsonWheels.com reserves the right to deny that seller use of our website.

By using DealsonWheels.com to sell your vehicle, you agree to pay the fees specified for the package you select, regardless of whether your vehicle sells as a result of the listing. Take care in selecting your ad package and inputting your ad information; listing fees are generally not refundable, even if you provide erroneous information or fail to sell your vehicle.

3. Third-Party Services

For your convenience, we make available a variety of links to other websites that we do not 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. DealsonWheels.com is not responsible for the products or services these vendors provide.

You may choose to purchase an inspection through such a third-party website for a vehicle that you are interested in buying. Remember that an inspection is not a warranty, however. Although inspections can be of significant value in the purchase of a pre-owned vehicle, an inspection is not a guarantee that the inspected vehicle 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 DealsonWheels.com, AutoTrader.com, Inc., and their respective affiliates from any damages that you may incur, and agree not to assert any claims against any of them, arising from your purchase or use of third-party supplied products and services.

For your convenience, we make available links to websites operated by dealers that list their vehicles on our website. Although we or our affiliates may power some of these dealer websites, we are not responsible for any of the content that appears on these websites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our website, or that may be accessible through a link from our website, and you release DealsonWheels.com, AutoTrader.com, Inc., and all of our affiliates from any damages that you may incur, and agree not to assert any claims against any of them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.

4. Ownership and Permissions

DealsonWheels.com is made available for your personal, non-commercial use only. The materials on this website are the property of DealsonWheels.com, AutoTrader.com, Inc. and their respective licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Visitor Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this website. You may display and occasionally print a single copy of any page on the website for your personal, non- commercial use, but you may not otherwise reproduce any material appearing on this website without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on this website, in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on DealsonWheels.com should be sent to our Operations Manager, DealsonWheels.com, 3003 Summit Blvd, Atlanta, Georgia 30319 or to Customer Service.

You are free to establish a hypertext link to this website so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by DealsonWheels.com or any of its affiliates. However, without the prior written permission of DealsonWheels.com, you may not frame any of the content of DealsonWheels.com, nor incorporate into another website or other service any intellectual property of DealsonWheels.com or its licensors. Requests for permission to frame our content may be sent our Operations Manager, either by email or at the address above.

DealsonWheels.com and the DealsonWheels.com logo are property of AutoTrader.com, Inc. The names of other products and services referred to on the website may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on DealsonWheels.com without the prior written consent of the owner of the mark. All contents of this website are: Copyright 1997-2012 AutoTrader.com, Inc. and/or its licensors. All rights reserved.

You may post listings, ratings, reviews, comments and other content to DealsonWheels.com, so long as the content is not false, misleading, illegal, obscene, threatening, defamatory, invasive of privacy rights, infringing of copyright, trademark or other intellectual property rights, or otherwise injurious to DealsonWheels.com or third parties. By submitting content to DealsonWheels.com you agree to abide by the terms of this Visitor Agreement and any rules or policies established by DealsonWheels.com for the area of our website in which you post your content.

By submitting listings, or other content to DealsonWheels.com, you represent and warrant that your submission does not contain any computer viruses, worms, or other damaging computer files or code and that you own or otherwise control all of the rights (including any copyright, trademark, trade secret, patent or other intellectual property right) to the content that you submit. You further represent and warrant that the content is accurate, that the use of the content you submit does not violate this Visitor Agreement, any applicable laws or regulations or the intellectual property rights of any third parties and will not cause injury to any person or entity. You will indemnify and hold harmless DealsonWheels.com, AutoTrader.com, Inc., and their respective affiliates and service providers (and all of their respective officers, directors, employees and representatives) from all claims, demands, damages and costs (including reasonable attorneys' fees) resulting from content you submit. By submitting any content to DealsonWheels.com, you are permanently granting DealsonWheels.com, AutoTrader.com, Inc. and our affiliates, successors and licensees all rights to the material, including a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, distribute, and display such content throughout the world in any media without compensation to you, and to maintain the material in an archive. Among other things, DealsonWheels.com uses listings data to derive other useful information (such as vehicle valuation information) for display, sale and distribution. You further grant to DealsonWheels.com, AutoTrader.com, Inc. and its affiliates and successors the perpetual right to use your name, image and likeness in connection with such content, if they choose, without compensation to you.

Although DealsonWheels.com cannot monitor all the listings and content posted to our website, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Visitor Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to DealsonWheels.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 this Visitor Agreement, or to protect the rights, property or safety of visitors to our website, our advertisers, the public, DealsonWheels.com, AutoTrader.com, or our affiliates. Notwithstanding the foregoing, DealsonWheels.com takes no responsibility and assumes no liability for any content posted to our website by you or other third parties.

5. Disclaimer of Warranties, Limitation of Liability, and Indemnification

IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS WEBSITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." DEALSONWHEELS.COM, AUTOTRADER.COM AND THEIR RESPECTIVE AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THIS WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEALSONWHEELS.COM AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS WEBSITE BY YOU OR ANY OTHER THIRD PARTY.

UNDER NO CIRCUMSTANCES WILL DEALSONWHEELS.COM OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF DEALSONWHEELS.COM, AUTOTRADER.COM AND THEIR RESPECTIVE AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DEALSONWHEELS.COM, ITS EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING YOU PLACE THROUGH OUR WEBSITE.

6. Registration

To obtain access to certain DealsonWheels.com services (for instance, to manage your private seller listing on our site), you may be required to register with DealsonWheels.com. As part of the registration process, you will be required to select a username and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of another person. We reserve the right to disallow use of a username that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing DealsonWheels.com through any username/password assigned to you. You will notify DealsonWheels.com's Operations Manager of any known or suspected unauthorized use of your account.

7. Notice of Copyright Infringement

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending email to dmca@autotrader.com or by sending a notice by U.S. Mail to: DealsonWheels.com, 3003 Summit Boulevard, Suite 200, Atlanta, Georgia 30319, Attn: Legal Department/Copyright. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the DealsonWheels.com website the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

8. Miscellaneous

We want potential buyers visiting DealsonWheels.com to feel free to share their email address with those listing vehicles for sale on our website. By listing a vehicle for sale on this website, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that vehicle. By accessing this website, you agree not to use information concerning other users of DealsonWheels.com, or the vehicles they have listed or searched for on this website (including listing information, usernames, email addresses, telephone numbers, and/ or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle.

By accessing this website, you agree that you will not use any automated mechanism (such web robots, crawlers, or spiders) to access, query or otherwise collect information or scrape data from DealsonWheels.com or any other service or website owned or operated by DealsonWheels.com, except in strict conformance with the Robots Exclusion Protocol. You agree not to access or attempt to access any service or website owned or operated by DealsonWheels.com under the name of, or using the password of, any other person or entity.

This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of Georgia. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia in all disputes arising out of or relating to this Agreement or use of this website.