YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL THE MATERIALS, INFORMATION, SERVICES, FACILITIES AND OTHER CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, cashforcarsnear EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
cashforcarsnear DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. cashforcarsnear DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. cashforcarsnear MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. cashforcarsnear ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless cashforcarsnear and cashforcarsnear’s subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, agents, representatives and approved and permitted licensees and assigns from any and all loss and damage (including, without limitation, reasonable fees and disbursements of counsel incurred by cashforcarsnear in any action or proceeding between cashforcarsnear and an affiliate or between any third party and cashforcarsnear or otherwise) from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or the Services, including but not limited to your breach of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision.
You understand and agree that we may, in our sole discretion and at any time, terminate your account and discard and remove any content posted or submitted by you for any reason. You understand and agree that we may take any one or more of these actions without prior notice to you. Should we take any of these actions, we may, in our sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information and submitted content. You understand and agree that we shall not have any liability to you or any other person for any termination of your access and/or the removal of information concerning your account. cashforcarsnear may also suspend or terminate your account or rescind the Offer if a suspicion arises that you engaged in any fraudulent activity in conjunction with our Website.
If cashforcarsnear becomes aware that you willfully and intentionally violated any of our rules or manipulated the Website, sale process, or communications, we may pursue damages against you in any forum we deem appropriate.
These Terms and any access to or use of the Website will be governed by the laws of the State of New York, excluding its conflict of law provisions. Except for claims for injunctive or equitable relief in aid of arbitration or claims regarding cashforcarsnear’s intellectual property rights (which you hereby consent are subject to the exclusive jurisdiction of the federal or state courts located in the State of New York, County of New York and which may be brought without the posting of a bond), any dispute arising under these Terms shall be heard and resolved in accordance with the JAMS Streamlined Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by one arbitrator appointed in accordance with such Rules. The arbitration shall take place in New York, NY in the English language, and the arbitral decision may be enforced in any court of competent jurisdiction. A waiver by cashforcarsnear of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Change in Control
In the event of a change of control of cashforcarsnear or the sale of substantially all of cashforcarsnear’s assets or other corporate event, all rights of cashforcarsnear hereunder shall be transferable without notice to you.