BY ACCESSING THIS SITE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (the “Terms and Conditions”).
- “LDV” means LDV, Inc., its employees, officers, directors, and all other persons or entities affiliated with LDV responsible for creating, maintaining, and publishing the Site.
- “Content” means all information or images contained on the Site, including but not limited to, trademarks, copyrights, advertisements, data, text, graphics, photos, software and video.
- “Site” means the Internet site located at the URL address www.ldvusa.com
- “User” means any person or entity that accesses or uses the Site in any manner.
- This Site is a vehicle listing and information service that brings together buyers and sellers. Except in those cases where LDV is the seller of a listed vehicle, LDV is not a party to any transactions between vehicle buyers and sellers that originate on or through the Site. Information about a particular vehicle is supplied by the seller, not by LDV. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. LDV cannot verify the information that other sellers supply or guarantee the vehicles they offer. Nor can LDV assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. When using this 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.
- Limited License for Personal and Non-Commercial Use Only; Printing of Site Content. The Content of the Site is copyrighted by LDV or other persons and entities that provide information to the Site. Users of the Site are granted a limited nonexclusive license to use the Site and its Content for personal use but not for any other use including political or commercial use. User’s may not use any Content which identifies LDV or other persons, their mailing addresses, telephone numbers or e-mail addresses except for the sole purpose of seeking or generating referrals or initiating relationships for the purpose of obtaining brokerage or related services without advance written approval of LDV. Subject to the restrictions above, Users may print or copy Content from the Site that is copyrighted or owned by LDV provided that such copies are not modified or revised in any manner and include proper notices indicating that the Content is copyrighted or owned by LDV (such as “Copyright© [Insert Year] South Central Wisconsin Multiple Listing Corporation”). In addition, any Content which comes from pages of the Site that contain disclaimers must be printed or copied with the disclaimer included in its entirety. In the event a User wishes to print Content from the Site, or other sites linked to or from the Site, that is copyrighted or owned by a person or entity other than LDV, the User must obtain permission from the appropriate owner to do so. Except as permitted in These Terms and Conditions, Content may not be reproduced, sold, transferred, modified, redistributed, retransmitted, published, or exploited for any purpose without the express written permission of LDV or appropriate owner of the information.
If you would like to use or reprint Content from the Site for purposes other than those permitted in the Terms and Conditions, please send a request to LDV. Please include in your request as much information as possible including your intended use of the Content. If you would like to republish the content in an article or publication, please indicate the title and byline of the article and the publication it will appear in. In order for requests to be considered, all requests must include your name, address, phone number and email.
- Linking to and Framing the Site. Users who create links to any page of the Site may not “frame” any page of the Site for any purpose without the express written consent of LDV.
- Posting Material To Site.
- By posting material to the Site, you warrant and represent that you either own or otherwise control all of the rights to the material, including without limitation, all the rights necessary for you to provide, post, upload, input, or submit the material, or that your use of the material is a fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the material you supply does not violate these Terms and Conditions, and that you will indemnify LDV, its subsidiaries, affiliates, officers, employees, and agents, harmless for any and all claims resulting from material you supply.
- By posting material to the Site, you grant LDV, its subsidiaries, affiliates, partners and third party licensees a nonexclusive, perpetual, irrevocable, worldwide sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate your material with other content, create derivative works of and publicly perform that content for any purpose on and through each of the services provided by the Site. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed.
- Additional Terms and Conditions Regarding Information and Advice. Due to the rapidly changing nature of the vehicle marketplace and the law, and our reliance on information provided by outside sources, we make no representation, warranty or guarantee that the accuracy of the Content has been verified by LDV or that the Content at the Site, or at other sites to which we link, is accurate or reliable. Any legal or other information found at the Site, or at other sites to which we link, should be verified before it is relied upon.
- Modification of Terms and Conditions. LDV reserves the right, in its sole discretion, to modify or revise these Terms and Conditions at any time without giving notice. The modifications shall be effective immediately upon posting of the modified Terms and Conditions. Accordingly, User agrees to review the Terms and Conditions periodically, and User’s continued access or use of Site shall be deemed User’s acceptance of the modified Terms and Conditions.
- Disclaimer Regarding Warranties. The Site and the information, software and other material available on or accessible from the Site is provided on an “AS IS” and “AS AVAILABLE” basis and, to the maximum extent permitted by applicable law, without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement or implied warranties of merchantability or fitness for a particular purpose. LDV does not warrant that the site service will be uninterrupted or error free, that any information, software or other material available on or accessible through the site is free of viruses or other harmful components, or that any defects will be corrected. LDV does not guarantee access to or uninterrupted and error free operation of the site.
- Suspension or Termination of Access. LDV reserves the right, in its sole discretion, to suspend or terminate a User’s access to the Site for any reason, including but not limited to, a User’s breach of these Terms and Conditions.
- Indemnification. User agrees to defend, indemnify and hold harmless LDV from any and all liabilities, losses, claims, costs, and expenses including, but not limited to, reasonable attorney’s fees, related to the User’s violation of any term or condition set forth herein or alleged illegal use of the Site.
- Limitations on Liability. EXCEPT AS TO SALES OF LDV OWNED VEHICLES AND TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LDV, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
EXCEPTION: If for any reason the law does not allow LDV to limit or exclude liability for these incidental or consequential damages, it is agreed by the user and LDV that LDV's liability to the user for all losses, damages, injuries, and claims of every kind (whether the damages are claimed under the terms of a contract, or they're claimed to be caused by negligence or other wrongful conduct, or they're claimed under any legal theory) will not be greater than the amount the user paid to access the site, either express or implied, including but not limited to, implied warranties of merchantability, title, noninfringement of intellectual property, security and fitness for a particular purpose.
- Reservation of Rights. All rights not expressly granted or addressed herein are reserved by LDV.
- DISPUTE RESOLUTION
- MANDATORY ARBITRATION AND CLASS ACTION WAIVER ARBITRATION AGREEMENT. YOU AND LDV AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE VISITOR AGREEMENT, THE LDV SITES, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
- CLASS ACTION WAIVER: YOU AND LDV AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor LDV may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or LDV. To be clear, you and LDV both waive any right to participate in any class action involving disputes between us. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in Section 9 of the Visitor Agreement will remain in full force and effect.
- ARBITRATOR AUTHORITY: The arbitrator's authority is governed by this arbitration agreement. You and LDV agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by the Visitor Agreement (including the limitations of liability set forth in Section 10), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with LDV. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
- ARBITRATION PROCEDURES: You and LDV agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS Endispute under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at http://www.jamsadr.comor by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. LDV will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. If you bring an arbitration against LDV, the arbitration hearing will be held in a mutually convenient location.
- User’s Consent To Be Legally Bound To Terms and Conditions. In consideration of being allowed to use the Site, you agree to be bound by the terms and conditions of these Terms and Conditions. Use of the Site in any manner shall constitute your acceptance of these Terms and Conditions and your assent to be legally bound by these Terms and Conditions. If you do not agree to be legally bound by all the terms and conditions of these Terms and Conditions, you are strictly prohibited from accessing and/or using the Site in any manner.
- Severability. If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
- Designated Copyright Agent. If you believe that your intellectual property rights have been violated by LDV or by a third party who has uploaded Content on our Site, please providing the following information to LDV-designated copyright agent listed below:
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of where the material (including URL if possible) that you claim is infringing is located on the site.
- Your address, telephone number and an e-mail address.
- A statement from you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property rights owner, by its agent or by law.
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
- Your electronic or physical signature.