NEV co. ​​Consumer Terms of Use

IMPORTANT: THESE TERMS OF USE FOR ACCESSING OR USING ANY SERVICES PROVIDED BY NEV co. ​​(“TERMS OF USE”) ARE AN AGREEMENT BETWEEN NEV VEHICLE CO., LTD. (“NEV co.”) AND YOU (“YOU” OR “YOUR”) REGARDING YOUR USE OF THE NEV co. ​​WEBSITE OR THE CONTENT THEREIN, REGARDLESS OF WHETHER YOU CREATE A NEV co. ​​ACCOUNT.

BY ACCESSING THE SITE OR ANY PAGES THEREOF, AND/OR BY USING ANY NEV co. ​​SERVICES (DEFINED BELOW), YOU INDICATE THAT (I) YOU HAVE READ THESE TERMS OF USE, (II) YOU UNDERSTAND THEM, AND (III) YOU AGREE AND ACKNOWLEDGE THAT THESE TERMS OF USE CONSTITUTE A BINDING CONTRACT BETWEEN YOU AND NEV co. ​​AND THAT YOU WILL FOLLOW AND BE BOUND BY THESE TERMS OF USE, REGARDLESS OF WHETHER YOU CREATE A NEV co. ​​ACCOUNT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU MAY NOT CREATE A NEV co. ​​ACCOUNT OR ACCESS OR USE ANY PORTION OF THE SITE OR NEV co. ​​SERVICES.

NEV co. ​​RESERVES THE RIGHT TO UPDATE OR REVISE THESE TERMS OF USE AT ITS SOLE DISCRETION. PLEASE CHECK THESE TERMS OF USE AND THE PRIVACY STATEMENT PERIODICALLY FOR REVISIONS AND UPDATES. Your continued use of any Website following the posting of changes to the Terms of Use will constitute your acceptance of those changes.

1. Used Vehicle Listings. NEV co. ​​provides the NEV co. ​​Used Vehicle Listings as an online used vehicle listing service. NEV co. ​​is in no way involved in any transaction between buyers and sellers and does not (a) guarantee or ensure the availability of any vehicle or any transaction between buyers and sellers, (b) collect or process payment or transfer title, or (c) warehouse, store, ship or deliver any vehicle. Sellers may include information about specific vehicles, special offers, incentives or pricing. NEV co. ​​is not responsible for and does not verify or guarantee the accuracy or completeness of the information provided by sellers, and the information may contain errors or omissions. Website users should contact sellers for information about specific vehicles. NEV co., its affiliates, or any of their respective employees, agents, third-party content providers or licensors (collectively, the “NEV co. ​​Parties”) make no representations or warranties, express or implied, to actual or prospective buyers or owners 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 listed on the Website. NEV co. ​​may (but has no obligation to) correct any errors or omissions on the Website. All vehicles are sold subject to prior sale. Buyer must resolve all concerns, disagreements and/or potential issues with Seller prior to sale of vehicle.

2. Access and Use Restrictions. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Services or any of the content therein (in whole or in part); however, you may use the “Share” feature that NEV co. ​​may make available on any Service to share links to such Services (i) on your Facebook, Twitter or Google Plus page, or (ii) with email recipients. Except as otherwise expressly permitted in these Terms of Use or under copyright law, the Services may not be copied, redistributed, retransmitted, published, or commercially exploited without the express written permission of NEV co. ​​or the copyright owner. If any copying, redistribution or publication of any copyrighted material is permitted, no changes in or deletion of author attributions, trademark legends, or copyright notices may be made. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted materials or by using the Site and/or any of the Services. You may not use any robot, spider or similar data mining, data gathering or extraction tools or manual processes to collect, aggregate or copy any content or information from any of the Services. NEV co. ​​provides the Services to you solely for your personal and non-commercial use. You may not resell or use any Service for any commercial purpose. You may not (i) cause, permit or authorize the decompilation, modification, disassembly or reverse engineering of any Service, or the creation of derivative works thereof; (ii) allow unauthorized parties to view, access or use any Service; (iii) sell, assign, rent, transfer, distribute, act as a service bureau, sublicense or otherwise grant rights in any Service to any other person or entity; (iv) engage in “screen scraping,” “database scraping,” or any other conduct or activity designed to obtain vehicle listings, portions of databases or other listings or information from the Service; (v) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of any NEV co. ​​Party without its prior express written consent; (vii) use meta tags or any other “hidden text” utilizing any NEV co. ​​Party’s name or trademark without NEV co.’s express written consent; (viii) use or permit the use of any Service in violation of these Terms of Use or any federal, state, local, foreign or other applicable law, regulation or rule; (ix) Introduce into any Service any virus or other code or routine designed to disrupt, delete, damage or alter the Service. Systematic retrieval or use of any data from the Service or the Site to create or compile, directly or indirectly, a collection, compilation, database or directory, in whole or in part, without the express written permission of NEV co. ​​is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or any Service or interfere with any other person’s use and enjoyment of the Site or any Service.

The foregoing provisions of this section are for the benefit of NEV co. ​​and the NEV co. ​​Parties, and each Party shall have the right to assert and enforce such provisions directly or on its own behalf. Illegal and/or unauthorized use of any Service, including, without limitation, any fraudulent or otherwise objectionable or inappropriate activity or use of the Service, or violation of (i) these Terms of Use, (ii) the rights of NEV co., any affiliate or licensor or any other third party, or (iii) any law or regulation, may be investigated. NEV co. ​​may take any legal action it deems appropriate and necessary, including, without limitation, civil and criminal actions and restraining and injunctive proceedings. You agree that monetary damages may not provide an adequate remedy, and you consent to injunctive or other equitable relief for such violations without the need for NEV co. ​​to post a bond.

3. Ownership. You acknowledge that all Services contain copyrighted material, trademarks, and other proprietary information. The Services, including the content and organization, layout, arrangement, and design elements of the Site and each individual page of the Site, and all intellectual property rights directly or indirectly related to the Services, including, without limitation, patents, design rights, copyrights, trademarks, service marks, database rights (including, without limitation, information you provide), trade secrets, know-how, and all derivative works (collectively, the “Intellectual Property”), are and shall remain the property of NEV co. ​​or its affiliates and are protected by U.S. and international copyright, trademark, and other applicable intellectual property laws. You shall not in any manner attempt to acquire any right, title, or interest in such Intellectual Property or any derivatives thereof, whether by registration, patent, copyright, or otherwise. You shall not take any action that would jeopardize, limit, or interfere with NEV co. ​​or its affiliates’ ownership and/or right to use the Intellectual Property.

4. Trademarks and Patents. All trademarks and service marks of NEV co. ​​and its affiliates used in connection with any Service are protected by state, federal, and/or international trademarks. Unless expressly authorized by NEV co., you may not use any trademark or service mark accessed through any Service in connection with any product or service that is not provided by NEV co., or in any manner that is likely to cause confusion among customers, or in any manner that may disparage or discredit NEV co. ​​and its affiliates. All other trademarks appearing in the Service are the property of their respective owners, including third-party product and service providers with links to the Service.

5. No Modification of the Service. You may not modify any Service (including, without limitation, the Website), except that you may enter and save information related to your vehicle as permitted by NEV co.. If you or your representatives make any modification or improvement to any Service or Website in violation of these Terms of Use, you agree and hereby assign to NEV co. ​​all intellectual property rights associated with such modification or improvement, and you further agree to execute all documents and take all reasonable actions requested by NEV co. ​​to obtain, perfect, maintain or otherwise vest ownership of such intellectual property rights in NEV co..

6. Your Submissions. You may submit content through the Site, so long as the content is not illegal or in violation of any applicable law or regulation (including, without limitation, any vehicle advertising laws), obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You are solely responsible for all content that you submit to the Site. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your submission.

Unless we indicate otherwise, (a) you grant NEV co. ​​and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display any Submissions throughout the world in any media now known or hereafter devised; (b) grant NEV co. ​​and its affiliates and sublicensees the right to use the name you submit in connection with the Submissions, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the information that you post or otherwise distribute through the Submissions, or that you otherwise have the legal right to post and distribute such information to any Service; (ii) such Submissions are accurate and not misleading; and (iii) use and posting or other transmission of such Submissions does not violate these Terms of Use and will not infringe the rights of or cause injury to any person or entity. You further grant NEV co. ​​the right to pursue at law any person or entity that violates your or NEV co.’s rights in the Submissions by violating these Terms of Use. NEV co. ​​has the right (but not the obligation) to monitor and edit or remove any Submissions. You assume all risks arising from the use of any Submission, including reliance by others on its accuracy, completeness or usefulness, or your disclosure of any information that personally identifies you. You may not imply that your Submission is in any way sponsored or endorsed by NEV co.

You understand and agree that if your Submission contains any ratings or reviews, the dealership, service shop or other entity you rated or reviewed may respond to your ratings or reviews, and that NEV co. ​​has no control over such responses submitted by third-party dealerships, service shops or other entities and has no obligation to review, remove or edit such responses. NEV co. ​​is not responsible for any Submission posted, stored or uploaded by you or any third party or any responses thereto, or for any loss or damage resulting therefrom, and is not responsible for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography or profanity you may encounter. The Service is provided on an “as is” and “as available” basis. NEV co. ​​does not guarantee the accuracy, completeness or quality of any ratings, reviews or any other content (user generated or otherwise) on the Site. In no event shall NEV co. ​​be liable for any such content, including, but not limited to, any errors or omissions in any ratings, reviews or any other content, or for any loss or damage of any kind incurred as a result of the use or of any submission or other content. NEV co. ​​makes no warranty as to the results that may be obtained from the use of the Site, or as to the accuracy or reliability of any content, information, services or materials available through the Site. As a provider of interactive services, NEV co. ​​is not responsible for any statements, representations or information provided by its users in any public forum or website. Although NEV co. ​​has no obligation to screen, edit or monitor any information posted on or distributed through the Site, NEV co. ​​reserves the right and has absolute discretion to remove, screen or edit any information posted or stored on the Site at any time and for any reason without prior notice.

Any use of the Site in violation of the foregoing is a violation of these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site. NEV co. ​​may access and disclose any information it deems necessary or appropriate, including, but not limited to, user profile information (i.e., name, email address, etc.), IP address and traffic information, usage history, and posted information, in order to cooperate with lawful governmental requests, subpoenas, or court orders, to protect NEV co.’s systems and customers, or to ensure the integrity and operation of NEV co.’s business and systems, or for any other purpose NEV co. ​​deems appropriate.

Any information or content expressed or provided by third parties, including other participants on the Site, belongs to the respective authors or distributors and not to NEV co.. The inclusion of such information or content does not imply NEV co.’s endorsement of the content or information or any association with the provider of the content or information.

7. Third-Party Content or Offers. NEV co. ​​does not endorse, guarantee or warrant the products or services offered through Third-Party Offers (or any other third-party products or services advertised or linked on any Service). Any information or content expressed or provided by third parties (including information providers and users) is that of the respective authors or distributors and not NEV co.. The Services may contain links to third-party websites, but NEV co. ​​does not control or assume any responsibility for such websites. NEV co. ​​does not endorse such websites, and the inclusion of a link does not imply NEV co.’s endorsement of such websites. Any questions regarding such third-party services or resources, or any links, should be directed to the specific service or resource. In addition, NEV co. ​​recommends that you review the terms of use and privacy policies of those websites.

8. Information Collected by NEV co.. NEV co. ​​will collect all information that you provide through your Submissions or otherwise make available to NEV co., including, without limitation, registration information and/or user profile information. NEV co. ​​may collect usage information, such as information about the number of times you visit the Site, the date of your last visit, the number of submissions, the number of tags, the “likes” received, your name and location, a list of all your submissions, and any other activity or interaction on the Site (collectively, “Usage Information”).

9. Information Publicly Available on the Site. NEV co. ​​may make available any and all submissions you post or upload to any Service, as well as any and all Usage Information.

10. No Advice. The Service may contain tools and information to help you evaluate data and make decisions about vehicles. NEV co. ​​strongly recommends that you use the Service as an important tool, in conjunction with your independent research and investigation, to better make decisions about vehicles. You assume full responsibility for decisions and transactions made using the Service.

11. Disclaimer. You expressly agree that use of the Service is at your sole risk. NEV co. ​​is not liable for any loss, liability, expense or damage arising directly or indirectly from your access to or use of (or inability to access or use) this website, including any content, including but not limited to any loss of use, system corruption, damage or interruption, loss of data, personal injury or any other economic or financial loss, whether arising in contract, negligence, equity or other legal theory. It is entirely your responsibility to evaluate the accuracy, completeness and usefulness of all reviews, opinions, advice, services and other content provided on this website. None of the NEV co. ​​parties guarantees that the service will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information, service or material provided through the service. You understand and agree that any alerts provided to you through any service may be delayed or blocked by various factors. None of the NEV co. ​​parties guarantees the delivery or accuracy of the content of any alert. You also agree that none of the NEV co. ​​parties is responsible for the delay, failure to deliver or misdelivery of any alert, for any errors in the content of an alert, or for any actions taken or not taken by you or any third party in reliance on an alert. You acknowledge that NEV co. ​​collects data from public records and other sources for use in the Services, and that such data may contain errors and omissions. NEV co. ​​Parties do not guarantee the correctness or completeness of the Services, and no NEV co. ​​Party shall be liable for any loss or damage caused in whole or in part by its negligence or circumstances beyond its control in procuring, compiling, collecting, interpreting or providing the Services. You understand that not all information is available in all states, and that NEV co. ​​does not have access to certain information that may be provided by other parties. You also understand that there may be a period of time between NEV co. ​​receiving certain information and its inclusion of such information in the Services. The Services are not intended to provide any conclusions regarding the condition of any vehicle, and you should use independent research and your own good judgment to make the best decision for your vehicle. You acknowledge that in the event of an error in the data, NEV co.’s sole obligation is to correct the relevant records upon your written notification of such error.

12. No Warranties. The Services (including, without limitation, the Website, Tools and Content contained therein) are provided to you “as is.” NEV co. ​​PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF QUALITY, AVAILABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT THOSE THAT ARE IMPLIED BY APPLICABLE LAW AND CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED. FURTHERMORE, WE DO NOT WARRANT ANY VEHICLE INFORMATION POSTED ON THE SITE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING STRICT LIABILITY), NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEV co. ​​IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU SHALL BE INDEPENDENTLY ASSUMING THAT THE SERVICES ARE SUITABLE FOR YOUR PURPOSES, ACCURATE, RELIABLE AND APPROPRIATE.

13. LIMIT IN NO EVENT SHALL THE NEV co. ​​PARTIES BE LIABLE FOR ANY DAMAGES WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE, OR SIMILAR PECUNIARY LOSS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE ANY SERVICE; THE ACCESS, USE OR OPERATION OF ANY SERVICE; OR ANY DEFECT OR ERRORS IN ANY SERVICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL USE OF THE SERVICES. IF THE APPLICABLE LAW IN YOUR STATE DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE NEV co. ​​PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY)) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY SERVICE.

14. INDEMNIFICATION. You agree to defend, indemnify and hold harmless the NEV co. ​​Parties from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of: (i) your use of any Service or any content therein, (ii) the distribution, publication, refusal to publish, deletion, editing or other use of any Submission you provide, (iii) your violation of these Terms of Use, (iv) your violation or infringement of the rights of any third party, or (v) any actual, anticipated or terminated sale or other transaction between you and a third party.

15. Termination. NEV co. ​​reserves the right to terminate your access to and use of any or all of the Services if you violate or breach any provision of these Terms of Use. NEV co. ​​also reserves the right to suspend or terminate all or part of the Services at any time for any reason or no reason.

16. Viruses. You may not send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files, spyware, traps, protection codes or trap door devices or other computer programming routines that are designed or intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any Service or any data contained therein, or otherwise compromise the security or integrity of the Service or interfere with the operation of the Service as intended by NEV co.. The NEV co. ​​Parties assume no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Service or your downloading of any materials, data, text, images, video or audio from the Service.

17. Business Partners. The NEV co. ​​business partners listed on this website, if any, are independent contractors of NEV co.. Business partners are not joint ventures or partners of NEV co.. No employee or representative of a business partner is controlled by NEV co..

18. Export Controls. Any Service or software and other materials used in connection with any Service may be subject to U.S. export controls. U.S. export control laws prohibit the export of certain technical data and software to certain territories. No Service or software used in connection with any Service may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. NEV co. ​​does not authorize the downloading or exporting of any software or technical data used in connection with the Service into any jurisdiction prohibited by U.S. export laws.

19. Modifications to Terms of Use. NEV co. ​​reserves the right to modify these Terms of Use or any part thereof or to impose new conditions, including, without limitation, increasing fees and charges. Such modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means, including, without limitation, posting the modified Terms of Use on the Site or by electronic or conventional mail. Any use of the Site by you after any modification shall constitute acceptance of such modifications, additions or deletions.

20. Miscellaneous. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default under these Terms of Use will be deemed a waiver of any preceding or subsequent breach or default. The section titles used in these Terms of Use are for convenience only and have no legal import.

21. Digital Millennium Copyright Act Notice. It is NEV co.’s policy to respect the intellectual property of others. If you claim that materials available on or through the NEV co. ​​website infringe your copyright, please submit a written notification pursuant to the Digital Millennium Copyright Act (DMCA). To be effective, a notification must include the following:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

b. Identification of the copyrighted work that has been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit NEV co. ​​to locate the material

d. Information reasonably sufficient to permit NEV co. ​​to contact you, such as an address, telephone number, and, if available, an email address

e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If NEV co. ​​removes material from the website (or disables access to it) and you believe that the material is not infringing or that you have authorization from the copyright owner, its agent, or the law, please submit a written counter-notification pursuant to the DMCA. To be effective, a counter notification must include the following:

i. Your physical or electronic signature

ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled

iii. A statement, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification