GapCar.com User Policy

GapCar.com internet policies and notices

GarCar.com Terms and conditions for website usage

1. READ THIS

This Terms of Use Agreement ("Agreement") is made by and between GapCar.com ("Website Owner") and you ("you," "your" or "User"). This Agreement contains the terms and conditions that govern your use of this Web Site.

BY CHECKING THE "I have read and understand GapCar.com terms of use and privacy policy" BOX OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER GapCar.com, SERVICES, WEBSITES OR ANY OF GapCar.com's LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.

GapCar.com RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN GapCar.com SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

2. ACCESS TO THIS SITE

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If GapCar.com believes the information you provide is not correct, current, or complete, GapCar.com has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

3. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of your use of GapCar.com's website(s), you warrant to GapCar.com that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of GapCar.com. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with GapCar.com in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use GapCar.com's website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party's use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

4. PERSONAL AND NON-COMMERCIAL USE LIMITATION

GapCar.com's website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without GapCar.com's express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to GapCar.com's websites.

5. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by GapCar.com (the "Content") is the proprietary information of GapCar.com or the party that provided or licensed the Content to GapCar.com, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of GapCar.com, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates GapCar.com's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

6. HYPER-LINKS

This site may be hyper-linked to other sites which are not maintained by, or related to, GapCar.com. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or GapCar.com. GapCar.com has not reviewed any or all of such sites and is not responsible for the content of those sites. GapCar.com is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and GapCar.com makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. GapCar.com provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by GapCar.com of that site or any association with its operators.

7. SUBMISSIONS

You hereby grant to GapCar.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to GapCar.com through this site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. GapCar.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future GapCar.com operations.

GapCar.com will treat any personal information that you submit through this site in accordance with its Privacy Policy below.

8. DISCLAIMER

You understand that GapCar.com cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. GapCar.com does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by GapCar.com.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GapCar.com DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. GapCar.com DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GapCar.com DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND GapCar.com MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT GapCar.com, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. GapCar.com MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and GapCar.com does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

9. LIMITATION ON LIABILITY

GapCar.com, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF GapCar.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GapCar.com AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO GapCar.com FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

10. TERMINATION OR RESTRICTION OF ACCESS

GapCar.com reserves the right, in its sole discretion, to terminate your access to any or all of GapCar.com?s websites and the related services or any portion thereof at any time, without notice.

11. INDEMNITY

You will indemnify and hold GapCar.com, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

12. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of GapCar.com or the party that provided the trademarks, services marks, logos, and copyrighted works to GapCar.com. GapCar.com and any party that provided trademarks, service marks, logos, and copyrighted works to GapCar.com retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

13. SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password. GapCar.com will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that GapCar.com considers insecure, GapCar.com will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, GapCar.com reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. GapCar.com reserves the right to investigate suspected violations of these Terms of Use.

GapCar.com reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction GapCar.com to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS GapCar.com FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GapCar.com DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GapCar.com OR LAW ENFORCEMENT AUTHORITIES.

14. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and GapCar.com arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Houston, Texas.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and GapCar.com as a result of this agreement or use of GapCar.com 's websites.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and GapCar.com with respect to GapCar.com 's websites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

GapCar.com may revise these Terms of Use at any time by updating this posting.

When you browse www.GapCar.com you do so anonymously. We do not collect personally identifying information about you.

To improve our site and make it more useful and interesting to you, we may use "cookies" for navigation of our services and for customization of information that we may present to you. Cookies are small pieces of information that are stored by your browser on your computer's hard drive. Most Web browsers automatically accept cookies, but you can change this feature in your browser.

If you decide to create a listing, we will collect only the information necessary for that listing, authentication and billing purposes. When create an account in order to create a listing, we need to know your name, e-mail address, delivery address, credit card number and expiration date. This allows us to process and fulfill your orders, and to notify you of your order status.

We use Secure Sockets Layer (SSL) server software to prevent unauthorized access to the information you submit when you create your listing and access your account. When you create your listing or access your account information, SSL encrypts all information you input before it is sent to us. You can identify the secure connection by looking at the URL, which will begin with "https:" (instead of "http:").

We use the information you provide about yourself when creating a listing only to complete that listing. We do not sell, trade, or rent your personal information to others. We may provide summary statistics about our customers' interests and preferences, traffic patterns, and related site information to a reputable third party. These statistics do not include personally identifiable information; they are used only to enhance the design of our Web site and customize new products offerings to our customers. We do not use or share personally identifiable information provided to us on-line in ways unrelated to the ones described in this policy.

By using our Web site, you consent to the collection and use of this information by us. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose this information.

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