Terms of Use
Introduction and Agreement: This website (the "Site") is owned and operated by Motorshifter.com. These Terms of Service apply to www.motorshifter.com, as well as to any versions of the Site that Motorshifter.com co-brands with its newspaper and broadcast affiliates and other distribution partners (collectively, "Affiliates"). By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Service. Your privacy is governed through the Privacy Policy of site.
The Web is an evolving medium. Motorshifter.com may change the terms of this agreement from time to time. By continuing to use this website following our posting of such changes, you agree to be bound by this agreement, as modified. Motorshifter.com may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.
Motorshifter.com Is an Advertising Service. Motorshifter.com operates the Site as an online advertising service for car buyers, sellers and enthusiasts. Motorshifter.com does not sell vehicles directly and is never a party to any transaction between buyers and sellers. As a result, Motorshifter.com.com does not (a) guarantee or ensure any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any vehicles. No information contained on this website should be deemed to be an offer, counteroffer, or acceptance. Motorshifter.com shall not be held liable for any inaccuracies on said website or any information obtained as a result of using said website.
The User hereby agrees and accepts the terms and conditions as set forth from Motorshifter.com that the material and services as laid out are provided on an as-is basis, meaning that the material and services are provided without any express or implied warranty. Motorshifter.com does not claim any warranty with regards to the quality, accuracy, or content of the information as stated on this website or any information received as a result of using this website. Motorshifter.com also disclaims any warranty, either expressed or implied, as to title or warranties of merchantability or fitness for a particular purpose.
The User hereby acknowledges and agrees that Motorshifter.com does not and in no way can control the actions of consumers of this website. If at anytime a dispute between the User and one or more other consumers of this website arise as a result of using Motorshifter.com, the User hereby releases Motorshifter.com, its owners and employees from any claims, demands, causes of action, suits and damages arising from such dispute.
When you offer a vehicle for sale or lease transfer through Motorshifter.com, you must be prepared to sell or lease transfer 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 , 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 on MotorShifter.com, nor may you use our website to promote, without our prior written permission, any other website, product or service.
By submitting listings, ratings, reviews, comments or other content to MotorShifter.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 that the content is accurate, that the use of the content you submit does not violate this terms of service, any applicable laws or regulations or the intellectual property rights of any third parties and will not cause injury to any person or entity, and that you will indemnify and hold harmless MotorShifter.com, its affiliates and service providers (and all of their respective officers, directors, employees and representatives) from all claims, demands, damages and costs (including attorneys' fees) resulting from content you submit. If you submit a vehicle rating and/or review, you represent that your submission is based on your own honest opinion, finding and/or experience, that you are not employed by the manufacturer of the vehicle you are rating or writing about and that you have not received and will not receive any compensation for your submission.
Although MotorShifter.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 agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to MotorShifter.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 terms of service, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or MotorShifter.com. Notwithstanding the foregoing, MotorShifter.com takes no responsibility and assumes no liability for any content posted to our website by you or other third parties.
Site Content. All information and content available on this Site (collectively, "Content") is protected by copyright and other intellectual property laws. The Content is owned by Motorshifter.com.com, its Affiliates, and/or their respective licensors and suppliers (collectively, "Licensors"). The Content is intended for personal and noncommercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of Motorshifter.com.
Refund Policy: The service to sell your car or transfer car lease on Motorshifter.com adheres to the following policy with respect to requests for refunds of listing fees:
1. Motorshifter.com will not provide any refund, for any reason, if Motorshifter.com receives the request for refund more than 72 hours after an Ad has been ordered. If you contact us after 72 hours, we will correct any mistakes we have made in the Ad, but will not offer a refund. 2. If you call within 72 hours of ordering an Ad, Motorshifter.com will provide a refund only for the following reasons: (i) Your Ad has not been posted and you wish to cancel the Ad (but you must first allow 24 hours for vehicle listing and photos to post); or (ii) You mistakenly ordered and paid for duplicate Ads through Motorshifter.com and seek to cancel, and obtain a refund on, the duplicate(s) only. We will not provide a refund on the original Ad. 3. Motorshifter.com cannot provide a refund for any other reason, even if you call within 72 hours of ordering an Ad. We will not provide a refund if Motorshifter.com has made mistakes in the content or enhancements of the Ad. In any such cases, we will make appropriate corrections to the Ad.
Software. Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by Motorshifter.com and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
Linking. If you operate a website and wish to link to the Site, you must link to the Site's home page unless permission otherwise has been granted in writing by Motorshifter.com. Motorshifter.com reserves the right to reject or terminate any links to the Content or the Site.
User Materials. By submitting ads, content, photos, data or other materials ("Materials") to the Site, you hereby grant to Motorshifter.com and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to Motorshifter.com and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.
The User acknowledges that Motorshifter.com, its owners and employees do not verify information provided by its clients and/or business partners. Therefore, Motorshifter.com cannot and shall not be held responsible for any inaccuracies contained in this website or from any information derived from use of this website. By using this website, the User hereby agrees that such information is believed to be accurate, but that the accuracy of said information is not guaranteed whether expressed or implied.
Interactive Forums. This Site may offer message boards, bulletin boards, chat rooms or other forums (collectively, "Forums") to give Users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Motorshifter.com and its Affiliates do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. By posting a message in the Forum, you agree to abide by these Terms of Service. You may not use the Site's Forums to engage in any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary Material of any kind on the Site without the express permission of the owner of that Material is prohibited and may result in civil and/or criminal liability.
Motorshifter.com Rights. Given the nature of the Site and the volume of messages and postings, Motorshifter.com cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. Motorshifter.com reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that Motorshifter.com (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.
Unsolicited Materials. Motorshifter.com does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the Forums, chat rooms and bulletin boards on the Site. Motorshifter.com and the Affiliates shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the Site.
Representations/Indemnity. You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold Motorshifter.com, its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
Prohibited Activities. The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to Motorshifter.com Users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site's lead forms and/or toll-free numbers to advertise or promote products and services to Motorshifter.com advertisers; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on Motorshifter.com's hardware and software infrastructure (collectively, "Prohibited Activities").
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. MOTORSHIFTER.COM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND MOTORSHIFTER.COM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. MOTORSHIFTER.COM AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. MOTORSHIFTER.COM CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. MOTORSHIFTER.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT YOURSELF TERMS AND CONDITIONS, MOTORSHIFTER.COM DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU.
Void where prohibited.
Limitation of Liability. MOTORSHIFTER.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF MOTORSHIFTER.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU.
Void where prohibited.
Miscellaneous. This Site includes links to other websites not established or supervised by Motorshifter.com or any Affiliate. Motorshifter.com and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Michigan, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Michigan, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof , to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Motorshifter.com to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.
If any provision of this Notice is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination will not affect the validity of the remaining provisions of this Notice. Except as specifically permitted in the Notice, no provision of the Notice can be, nor will be deemed to be waived, altered, modified or amended unless agreed to in writing signed by an authorized representative of Motorshifter.com.
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