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- Terms & Conditions
The AutoBoro.com website (the “Site”) is owned and operated by AutoBoro, Inc. (or "AutoBoro"). By using this Site, you explicitly agree to comply with and be bound by the following terms and conditions (“Terms and Conditions” or “Agreement”), and all policies, rules, and instructions, and additional terms posted on or through the Site, all of which are incorporated into this Agreement. By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand, intend to be legally bound by, and accept these Terms and Conditions. AutoBoro may change these Terms and Conditions at any time. Your continued use of the Site following appropriate notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. At all times, you are bound by the then-current version of these Terms and Conditions and all applicable laws. Please review these Terms and Conditions periodically for changes.
You may receive an offer on the Site (together with any communication and any access to the Site or other AutoBoro technology in connection therewith, the “AutoBoro Offer Services”) from our affiliate CarOffer, LLC (“CarOffer”) to purchase your vehicle (an “Offer”). Offers, any vehicle purchase and sale transaction in connection therewith, and any access to a CarOffer platform, communication or other technology in connection therewith shall be governed by CarOffer’s Offer Terms. By accepting an Offer, you (i) agree that any vehicle-related information or information about you that you provide to AutoBoro in connection with a vehicle listing or a potential vehicle sale transaction may be shared with CarOffer, and (ii) agree to CarOffer’s Offer Terms as applicable to any Offer, resulting vehicle sale transaction, or matter relating thereto. For avoidance of doubt, any Offer is made by CarOffer and not AutoBoro, and any vehicle sale transaction in connection with the AutoBoro Offer Services is between CarOffer and you (and AutoBoro is not party to any such transaction). CarOffer shall be a third party beneficiary of these Terms and Conditions with respect to the AutoBoro Offer Services.
AutoBoro includes a vehicle listing and information service on private listing portion of the site, sometimes referred to as the "Platform", that brings together buyers and sellers, and offers a secure private vehicle sales platform (“Platform”) through which buyers and sellers can conduct vehicle sales transactions. The information on vehicles provided through these services and on the Site is supplied by the seller or other third parties; AutoBoro is not responsible for the accuracy of such information. AutoBoro provides these services and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. AutoBoro is not a party to any transaction between vehicle buyers and sellers that occurs through the Site or that originates from information found on the Site. Vehicle prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing.
You may pay a fee for access to certain AutoBoro services related to the Platform. All such fees are payable in advance of the provision of any such service are nonrefundable. We may change these fees at any time in our sole discretion. You shall be solely responsible for the payment of any taxes applicable to its payment for and/or use of such services, other than taxes on AutoBoro’ income. Your obligation to pay the fees is unconditional and not dependent on level of promotion, number of ad impressions or exposures, sales, leads, or inspection outcomes. With respect to the Featured listing services offered on the Platform, you acknowledge that your vehicle will only be eligible for promotion as a featured listing if (i) it receives a FAIR, GOOD, or GREAT AutoBoro Deal Rating or does not receive a AutoBoro Deal Rating, and (ii) your listing contains a valid VIN for vehicle. Following payment, you will receive such Platform services for the period of time specified at the time of purchase unless your listing is removed by you for any reason or by AutoBoro due to an issue with your listing.
FOR ALL PLATFORM-RELATED SERVICES, AutoBoro IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SITE. AutoBoro does not hold or possess title for any vehicle listed for sale on our Site and AutoBoro is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Site.
All buyers and sellers must be at least 18 years old to use the Site and by using the Site, you represent that you are at least 18 years old.
Information about a particular vehicle is supplied by the seller, not by AutoBoro, and the buyer is solely responsible for reading the full vehicle listing before making a commitment to buy. The price and other terms of any sale are arranged after negotiation between the buyer and the seller. AutoBoro is not responsible for incorrect information given by buyers or sellers, including (i) information regarding vehicles, including but not limited to vehicle mileage, condition, history, or photos of vehicles, and (ii) information about the identity, reliability or suitability of a buyer or seller. AutoCheck Vehicle History reports are provided for informational purposes only from an unaffiliated third-party vehicle report provider, and AutoBoro is not responsible for any incorrect information or mistakes. We cannot verify the information/photos that sellers supply or guarantee the vehicles they offer.
When using this Site, please use common sense and good judgment. When dealing with prospective purchasers/sellers, we urge you to take the same precautions you would take if you were purchasing/selling a car through a classified ad in the newspaper or any other private sales transaction.
AutoBoro MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE OR SOLD ON OUR SITE. VEHICLE SALES ARE “AS IS”. VEHICLE SALES ARE BETWEEN THE BUYER AND THE SELLER ONLY. AutoBoro DOES NOT OWN, INSPECT, BUY, OR SELL, ANY VEHICLES LISTED FOR SALE ON OUR SITE. ANY DISPUTE ABOUT THE CONDITION OF A VEHICLE SOLD THROUGH THE SITE IS BETWEEN THE BUYER AND SELLER ONLY. AutoBoro DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SITE.
In addition, as a Platform seller you represent and warrant: (i) that you are not a motor vehicle dealer or broker, or acting in the capacity as an owner, employee or representative of a dealer or broker, (ii) that all information submitted to AutoBoro about a particular vehicle and your contact information are accurate and true. In addition, you agree to approve listing descriptions as complete and accurate before publication, (iii) that all relevant vehicle information is included in the listing submission, (iv) that you are prepared to sell the listed vehicle at the price at which it is listed, (v) that you have possession of the actual vehicle listed and the proper authority to transfer title.
All applications for credit and/or lending arrangements are through one or more unaffiliated third-party providers over whom AutoBoro has no control. Any application for credit or lending arrangement, terms, conditions, warranties, or representations associated with any application for credit or lending arrangement, is solely between you and any such third-party provider. AutoBoro is not responsible or liable for any loss or damage incurred as the result of such application for credit or lending arrangement.
The following terms also apply to vehicle purchases and sales through the Platform:
Certain vehicle sales transactions through the Platform may use AutoBoro’ online payment processing services, sometimes referred to as AutoBoro Pay, where AutoBoro manages receipt of payments on behalf of sellers (such management described herein as "managed payments" or similar references). For vehicles offered for sale on the Platform by sellers using managed payments accounts, such vehicles may be paid for using certain payment methods that AutoBoro may in its sole discretion make available, and AutoBoro will manage settlement of the payment to sellers. The contract for sale underlying the vehicle purchase is directly concluded between seller and the buyer in the same manner as for transactions for which AutoBoro does not manage payments.
AutoBoro may use different third party payment service providers to assist in providing the managed payments experience, including companies that process payments, perform risk assessments or compliance checks, verify identity and validate payment methods.
By completing purchases from sellers who use managed payments, buyers authorize AutoBoro to initiate payments using the buyers' selected payment method and collect the transaction amounts on behalf of sellers. BUYERS AGREE AND UNDERSTAND THAT AutoBoro HAS BEEN APPOINTED AS AN AGENT OF SELLERS WHO USE MANAGED PAYMENTS FOR THE LIMITED PURPOSE OF ACCEPTING SUCH PAYMENTS ON BEHALF OF SELLERS. Accordingly, payments received by AutoBoro from buyers satisfy buyers' obligations to pay sellers in the amount of payments received.
If you are a buyer completing a purchase from a seller that is using managed payments:
If you are a car dealer listing vehicles using AutoBoro’ Restricted listing services, you and your dealership’s access to and use of the Restricted services is subject to the Dealer Services Agreement.
Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, audio and video, footage, animations, podcasts, analyses, studies, reports, downloads, and other content contained herein ("Site Content") is owned by or licensed to AutoBoro, Inc., and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. The Site Content is Copyright 2021, AutoBoro, Inc., all rights reserved. AutoBoro also owns copyright rights in the Site Content as a collective work and/or compilation, and in any and all databases accessible on or through the Site. AutoBoro, the AutoBoro Logo, and all other marks displayed on this site (the "Trademarks") are registered and/or common law trademarks of AutoBoro and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of AutoBoro or such other party that may own the Trademarks or any licensed copyrights. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or the AutoBoro’ (or its licensor’s, as applicable) ownership of, such copyrights, Trademarks or any other AutoBoro’ intellectual property, or assist any third party in doing so.
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of automobiles and automotive related services or other content, messages, materials or other items on the Site ("Interactive Areas"). If AutoBoro provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable automotive area before acting upon any opinion, advice, or information contained on the Site. All statements, information and other content submitted by users are solely the opinions of users, and not of AutoBoro.
By posting or distributing any message, data, information, text, music, sound, photos, images, graphics, code, marks, logos or other content ("Content") to or through the Site, unless we indicate otherwise, you (a) grant AutoBoro and its affiliates and sublicensees a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sublicensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display, telecommunicate and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant AutoBoro and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose in their absolute discretion; and (c) represent and warrant that (i) you own and/or control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site, and to grant the licenses granted herein; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant AutoBoro the right to pursue at law any person or entity that violates your or AutoBoro' rights in the Content or breaches of these Terms and Conditions.
AutoBoro takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or in connection therewith, nor is AutoBoro liable for any mistakes, inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, AutoBoro is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or any Interactive Area. Although AutoBoro has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, AutoBoro reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason and without liability to you or any third party, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect AutoBoro’ systems and customers, or to ensure the integrity and operation of AutoBoro business and systems, AutoBoro may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.
AutoBoro’ right to disclose any such information, as applicable, shall be pursuant to the terms of AutoBoro’ Privacy Policy. Please see AutoBoro’ Privacy Policy for the terms of AutoBoro’ personal data collection and use practices with respect to the Site. By using this Site, you consent to AutoBoro’ collection and use of personal data as set forth in AutoBoro’ Privacy Policy.
