BY VISITING OR USING THE SITE, OR ANY PAGE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND MOLOCAR, INC. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
1) ACCEPTANCE OF TERMS.
This website or the mobile application are owned by MOLOCAR, Inc. (“MOLOCAR,” “we,” “us,” or “our”), which provides services that can be accessed from or through this website or the mobile application (collectively, “Services”). These Terms of Service apply to all Services accessible. By accessing or using the Services, including this website or the mobile application, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the mobile application or the Services. These Terms of Service also apply to any co-branded or framed version of this website or the mobile application.
Your use of certain materials and features of this website or the mobile application and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.
This website or the mobile application are controlled and operated by MOLOCAR from its offices within the United States. MOLOCAR makes no representation that information or materials available on this website or the mobile application are appropriate or available for use in other locations, and access to this website or the mobile application from territories where its contents are illegal is prohibited. Those who choose to access this website or the mobile application from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
2) USER CONDUCT
You are authorized by MOLOCAR to access and use the Services, including the information on this website or the mobile application, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website or the mobile application may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without MOLOCAR’s express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website or the mobile application, and any reproduction or circumvention of the navigational structure or presentation of this website or the mobile application or its content, is strictly prohibited. You agree not to use the Services, including this website or the mobile application, for any unlawful purpose.
In order to access certain features of this website or the mobile application you may be required to register. If you supply a telephone number in connection with your use of the website or the mobile application, you consent to receive calls or texts at that number, whether manually or automatically dialed, from us and/or from participating dealers. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify MOLOCAR in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. MOLOCAR is not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by MOLOCAR), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by MOLOCAR for use in accessing the Services.
All information provided on this website or the mobile application is for informational purposes only. Neither the accuracy of information provided on this website or the mobile application, nor the availability, quality, or safety of vehicles, is guaranteed or controlled by MOLOCAR, and MOLOCAR assumes no responsibility for the foregoing. You agree that any reliance on the information on this website or the mobile application is at your own risk. Any discrepancies or mistakes made regarding vehicle availability, condition, pricing, and the like are not the responsibility of MOLOCAR and should be directed to the dealer or third party vendor. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease of a vehicle or of other products or services.
By using the Services, you acknowledge and agree that participating dealers may not have in inventory a vehicle that exactly matches the on in the website or the mobile application. Your dealer will confirm vehicle availability, including available options and colors, from actual inventory. Each dealer sets and controls its own pricing. You may negotiate the purchase price directly with the dealer, and MOLOCAR plays no role in that negotiation.
For the avoidance of doubt, MOLOCAR is solely a communications platform. MOLOCAR is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, other automotive-related products or services offered by third parties. MOLOCAR receives a fee from the participating dealers or third-party service providers in connection with the Services.
5) NO COMMERCIAL USE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.
6) RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES
MOLOCAR reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. MOLOCAR also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MOLOCAR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
You will indemnify, defend and hold harmless MOLOCAR and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “MOLOCAR Entities”) from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Claim against a MOLOCAR Entity, subject to such MOLOCAR Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a MOLOCAR Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a MOLOCAR Entity without its prior express written consent.
8) DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR THE MOBILE APPLICATION OR ANY THIRD-PARTY WEBSITE OR MOBILE APPLICATION, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE OR THE MOBILE APPLICATION, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT. IN ADDITION, MOLOCAR DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOLOCAR OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. MOLOCAR is not responsible for making repairs to any vehicle. If you have complaints or concerns about defects or repairs, please contact the dealer, seller, or manufacturer directly.
9) LIMITATION OF LIABILITY; WAIVER
IN NO EVENT SHALL THE MOLOCAR ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR THE MOBILE APPLICATION OR ANY THIRD-PARTY WEBSITE OR MOBILE APPLICATION, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE OR THE MOBILE APPLICATION, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE OR THE MOBILE APPLICATION IS TO STOP USING THE SERVICE AND/OR WEBSITE OR THE MOBILE APPLICATION.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE MOLOCAR ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR THE MOBILE APPLICATION OR ANY THIRD-PARTY WEBSITE OR MOBILE APPLICATION, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE OR THE MOBILE APPLICATION, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
10) EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
MOLOCAR may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website or the mobile application, or other reasonable means now known or hereafter developed. You acknowledge and agree that MOLOCAR will have no liability associated with or arising from your failure to maintain and supply MOLOCAR with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website or the mobile application.
12) TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY
You agree that all of MOLOCAR’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of MOLOCAR, and that you will not display or use any of the foregoing without MOLOCAR’s prior written approval in each instance.
You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of MOLOCAR. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
13) COPYRIGHT OR INTELLECTUAL PROPERTY COMPLAINTS
MOLOCAR respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
a description of where the material that you claim is infringing is located on our website or the mobile application;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement to the contact at the bottom of this document.
14) CHOICE OF LAW; VENUE; CLASS ACTION WAIVER.
The Terms of Service and the relationship between you and MOLOCAR are governed by the laws of the State of Texas without regard to its conflict/choice of law provisions, and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and MOLOCAR, shall be brought exclusively in the state or federal courts located in Denton County, Texas. You and MOLOCAR waive any and all objections to the exercise of jurisdiction over the parties by such courts and venue in such courts. ANY CLAIM AGAINST ANY OF THE MOLOCAR ENTITIES SHALL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. AS SUCH, YOU AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION SUIT AGAINST ANY OF THE MOLOCAR ENTITIES. You may not be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, including this website or the mobile application, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15) GENERAL INFORMATION
These Terms of Service may be amended from time to time without notice in MOLOCAR’s sole discretion. Any changes to the Terms of Service will be effective immediately upon the posting of the revised Terms of Service on this website or the mobile application. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and MOLOCAR and govern your use of the Services, including this website or the mobile application, and supersede any prior version of these Terms of Service between you and MOLOCAR with respect to the Services. The failure of MOLOCAR to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Please report any violations of the Terms of Service to the contact information provided above.
16) REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
The Site may include functionality that allows users to post comments. You may post comments or submit materials on the Site so long as the content is not illegal or in violation of any applicable laws or regulations (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 consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
If you do post content or submit material, and unless we indicate otherwise, you grant MOLOCAR and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. MOLOCAR has the right but not the obligation to monitor and edit or remove any activity or content. MOLOCAR takes no responsibility and assumes no liability for any content posted by you or any third party.
All written notices should be sent to the following:
Attn: General Counsel
5601 Executive Dr. Suite 280
Irving, TX 75038