TERMS & AGREEMENTS

The Street Car Market (“Company,” “SCM,” “we,” or “us”) terms and agreements page is a legally binding agreement between you and the StreetCarMarket.com (the “Site“), please read it carefully. This page thoroughly discusses the terms by which you may use the Site and our mobile services, and software provided on or in connection with the service (collectively, the “Service“), including (i) submitting deposits for the purchase of vehicles posted for sale by the Company as a “Buyer” or “Depositor” and (ii) submitting a vehicle description and any other related information in connection with the listing of a vehicle for sale on the Site as a “Seller“. By accessing or using the Service, you indicate that you have read, understood, and agree to be bound by these Terms of Service (“these “Terms“), to the collection and use of your information as established in the Street Car Market Privacy Policy, each of which are hereby incorporated by reference. These Terms apply to all Buyers, Depositors, visitors, users, and others who register for or access the Service (“Users“).

1. USE OF SERVICE
  1. Who May Use the Service

    You may use the Service only if you can form a binding contract with Street Car Market, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. In any case, you must be at least 13 years old to use or access the Service. The Service is not available to any Users previously removed from the Service by Company. For the avoidance of doubt, notwithstanding anything in this Agreement to the contrary, the parties acknowledge and agree that these Terms are solely a contract between you and the Company and expressly do not govern any sale, transaction, or other relationship between you and any other User, including with respect to a Buyer or Seller. If you are accepting these Terms and using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, and that you agree to these Terms on the entity’s behalf.

  2. Company Service

    Street Car Market is a vehicle listing and information service website that bridges significant connections between buyers and sellers. Street car market is neither a broker nor 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 service. Street car market does not hold or possess title for any vehicle listed for sale on our service. Street Car Market does not offer vehicle financing, service contracts, mechanical breakdown insurance, and vehicle registration/titling.

    Street Car Market gives you a non-exclusive, limited, non-transferable, freely revocable license to use and enjoy the benefit of the Service, in the manner permitted by these Terms. Company may terminate this license at any time for any or no reason.

  3. Your Account

    You may need to create an account to use some of our Services. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

    A User may create, maintain and use no more than one account to post content only on his/her or its own behalf. You may never use another User’s account without permission. When creating your account, you must provide accurate information, and you must keep this information up to date. You are solely responsible for safeguarding your account, so we encourage you to use a “strong” password. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.

    By providing Company your email address you consent to our using the email address to send you Service-related notices, including any notices required by law.. We may also use your email address to send you other messages, such as changes to features of the Service, special offers and newsletters.. If you do not want to receive such newsletter email messages, you may unsubscribe to such messages using the link at the bottom of the email.

  4. Using the Service

    This section applies to all uses and users of our Site and Service, unless we have specifically authorized an exception to a specific term for a specific user in a written agreement. We have sole and absolute discretion to authorize or deny any exceptions to the terms mentioned in section 4. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Company grants the operators of public search engines revocable permission to use spiders to copy public-ally available materials from the Company Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) except as otherwise expressly permitted by the Company, using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

    We may, without prior notice, change the Service from time to time; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your account and/or access to the Service without notice and liability for any reason, including if you violate any provision of these Terms, or for no reason.

    Street Car Market is not a party to any vehicle sale contract between Buyers and Sellers that originates on or through the Service. You are solely responsible for your interactions with other Company Users, Buyers, Sellers, and visitors. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.

 

2. Seller Content on the Service

We do not own Seller-generated content and material provided to us in connection with the Service (collectively “Seller Content”). By submitting any Seller Content, you grant to Company and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the Seller Content, as well as your name, persona and likeness included in any Seller Content and your social media account handle, username, real name, profile picture and/or any other information associated with the Seller Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the Seller Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the Seller Content. Company retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any Seller Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the Seller Content.

By submitting Seller Content, you represent and warrant that (i) you own or control any and all rights in and to the Seller Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the Seller Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the Seller Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Company, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with these Terms.

Company does not guarantee the truthfulness, accuracy or reliability of any Seller Content or endorse any opinions expressed by you or anyone else. By submitting the Seller Content you fully and unconditionally release and forever discharge Company and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and a Buyer or one or more users or any other person or entity, or (ii) the use by Company or you of the Seller Content, including, without limitation, any and all claims that use of the Seller Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Company has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any Seller Content. Company acts as a passive conduit for Seller Content and has no obligation to screen or monitor Seller Content. If Company becomes aware of any Seller Content that allegedly may not conform to these Terms, Company may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Company has no liability or responsibility to Users for performance or nonperformance of such activities.

Company has the absolute right to remove and/or delete without notice any Seller Content within its control that it deems objectionable. You consent to such removal and/or deletion and waive any claim against Company for such removal and/or deletion. Company is not responsible or liable for failure to store posted content or other materials you transmit through the Service. You should take measures to preserve copies of any data, material, content or information you post on the Service or any other sites or platforms.

3. COMPANY OWNERSHIP RIGHTS

Except for Seller Content, the Service and all materials therein or transferred thereby (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by these Terms is strictly prohibited.

“Street Car Market,” the Street Car Market logo, and any other product or service name or slogan displayed on our Service are trademarks of Street Car Market and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Street Car Market or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Street Car Market” or any other name, trademark or product or service name of Street Car Market without our prior written permission. In addition, the look and feel of our Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Street Car Market and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.

4. LISTINGS AND DEPOSITS

In connection with the Services, Sellers agree to provide to Company an amount indicating the asking price (the “Asking Price“) prior to the Company’s publication of the Seller’s listing (the “Publication“). Seller may reduce the Asking Price during during the time it’s listed by notifying the Company of such change via email or social media. If we believe you are abusing the Service, in any way, we may, in our sole discretion and without limiting other remedies, suspend or terminate your user account and access to our Services, delay or remove hosted content, remove any special status associated with your account, remove listings, and take technical and/or legal steps to prevent you from using our Services.

Each seller hereby acknowledges and agrees that following Publication and for the period that such Seller’s listing is made available via the service, Seller or another party connected to the seller may not copy the description and other content from the Publication on the Company’s website. Seller can neither accept other offers nor sell the vehicle to another individual once (the “Deposit“) has been placed by a Buyer via the Company’s website. Furthermore each Seller hereby acknowledges and agrees that following Publication, subject to the Privacy Policy, Seller’s listing may be removed solely at Company’s discretion.

Each Buyer acknowledges and agrees that (i) Buyer will only place a Deposit if he or she is committed to purchasing a vehicle that is listed on the Company’s website. (ii) Buyer is responsible for all applicable government fees and taxes applicable vehicles listed via the Service. (iii) Buyer is responsible for sending the remaining balance to the Seller to complete the transaction once the Deposit has been placed. Sellers are not responsible for shipping or delivery fee. Company bears no risk associated with purchasing of a vehicle listed via the Service, whether or not any inspection is performed and we make no warranties and bear no risk or responsibility whatsoever with respect to any recommended third party inspection services provide you.

5. FEES
  1. Refunds

    Deposits placed by Buyer’s are not refundable once the transaction is complete. If a deal between the Buyer and Seller is not worked out within the (7) day time frame, the 2.9% hold on their card will be released. In the event that Company suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund, including in any content or data associated with your account or for anything else.

  2. Deposits

    A certain aspect of the Service require a deposit paid to the Company, including the initial deposit placed by Buyers. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms. Company may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. The prices listed by Sellers on Street Car Market exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

  3. Payment Information

    All payments made by you to the Company shall be facilitated through Stripe, Street Car Market’s third party payment processing service. Stripe’s terms of service can be found at https://stripe.com/legal. All information that you provide in connection with a monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay an applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

 

6. INDEMNIFICATION

You are solely responsible for the Seller Content and you hereby agree to indemnify and hold Company and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

7. GOVERNING LAW AND ARBITRATION

We believe we will be able to resolve any disputes or issues you may have using our Site or Service. However, if we are not able to resolve a dispute or issue, you agree to the following resolution process.

We are always committed to find various ways to resolve any issue of any sort as quickly and efficiently as possible, before commencing any arbitration proceeding, you agree to first discuss the issues with us for a 30 day period. This can be done by sending your full name and contact information to us through our contact form or via email to [email protected], including your concern and your proposed solution.

If, after the 30 day period there is no mutual agreement, you agree that any claim you may have against us regarding these Terms or our Site and Services will be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Arbitration rules and procedures. It is important to us that we address any disputes or issues you might have promptly. To help us do that, you agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived. As an exception to this arbitration agreement, we are happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.

You agree that arbitration will be exclusively held in Harris County, Texas and that each party will be responsible for its own costs, including paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The language of the arbitration shall be in English. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you’re not sure what all of this means, of course please feel free to ask an attorney.

8. PRIVACY

Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through the use of the Services you consent to the collection and use, as set forth in the Privacy Policy, of this information.

9. MISCELLANEOUS
  1. Entire Agreement

    These Terms along with any documents/policies linked to these Terms constitute the entire agreement between you and us and supersede any prior written or oral agreement. If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, all other provisions of these Terms will remain in full force and effect.

  2. Contests and Promotions

    Any contests or promotions (collectively, “Promotions“) made available through our Site and Service may be governed by specific rules. By participating in such a Promotion, you will become subject to those rules. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control.