Terms & Conditions

Acceptance of Terms Through Use

MoCars.net provides its services and this web site to you, subject to the following terms of use ("Terms of Use"). If you do not agree to these Terms of Use, please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the terms periodically for changes. If you do not agree to the Terms of Use, you may not access or otherwise use the Service and are requested to use your browser's back button to exit www.MoCars.net.

1. Acknowledgement of Understanding

YOU ACKNOWLEDGE AND AGREE THAT ON BEHALF OF YOURSELF AND YOUR EMPLOYER YOU HAVE READ THIS AGREEMENT CAREFULLY AND THAT IF APPLICABLE, YOUR EMPLOYER HAS INFORMED YOU OF THE RELEVANT PROVISIONS OF THE MEMBERSHIP AGREEMENT ("MEMBERSHIP AGREEMENT") WHICH IT MAY HAVE ENTERED INTO WITH MOCARS.NET. YOU FURTHER ACKNOWLEDGE THAT ALL PROVISIONS OF THE LICENSE AGREEMENT ARE INCORPORATED INTO THE TERMS OF USE HEREIN.

2. User's Grant of Limited License

MoCars.net may monitor your use of the Service and by posting or submitting content (for purposes of this Agreement, "Content" shall mean any and all information, data, text, software, photographs, graphics, video, messages or other material, whether publicly or privately transmitted) to MoCars.net, you:

A. grant MoCars.net and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the Content in any form, anywhere and for any purpose; and

B. warrant and represent that you own or otherwise control all the rights to the Content and that public posting and use of your content by MoCars.net will not infringe or violate the rights of any third party.

3. Modifications to Service

MoCars.net reserves the right at any time and within its sole discretion to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MoCars.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

4. Proprietary Rights

You acknowledge and agree that all Content available on www.MoCars.net is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by MoCars.net, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the Content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from MoCars.net is prohibited. In addition, use of the Content of www.Mocars.net for any purpose not expressly permitted in these Terms of Use is prohibited.

5. Termination

MoCars.net may change, suspend, cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation, restriction or termination. The terms and conditions of Sections 2, 4, 7, 9, 10, 12, 13, 14 shall survive the termination and/or expiration of this Agreement.

6. Member Conduct

You represent, warrant and covenant that you are of the age of majority in your state.

You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you and not MoCars.net are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. MoCars.net does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MoCars.net be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.

You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any material which (i) restricts or inhibits any other user from using or enjoying the Service; (ii) in MoCars.net's sole discretion is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) would harm minors in any way; (v) would impersonate any person or entity, including, but not limited to, a MoCars.net official, or falsely stating or otherwise misrepresent your affiliation with the person or entity; (vi) violates, plagiarizes or infringes the rights of third parties, including without limitation, copyright, trademark, patent, rights of privacy, or publicity of any other proprietary rights; (vii) would contain a computer virus or other harmful component; (viii) constitutes or contains false or misleading indications of origin, statements of fact; (ix) would forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service; (x) would upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) would upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except in those areas that are designated for such purpose; (xii) would disrupt the normal flow of dialogue, cause the screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negligibly affects other users' ability to engage in real time exchanges; (xiii) would interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (xiv) would intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by U.S. Regulatory bodies, any rules or any national or other securities exchange, including, without limitation, New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (xv) would "stalk" or otherwise harass another; or (xvi) collect or store personal data about other users.

You acknowledge that MoCars.net does not pre-screen Content, but that MoCars.net and its designee shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, MoCars.net and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MoCars.net or submitted to MoCars.net.

7. Indemnification

You hereby agree to indemnify, defend and hold MoCars.net and any of its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively "Indemnified Parties") harmless from and against any and all liability and cost, including, without limitation, attorneys' fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use and/or misuse of the Service or any breach by you of the Terms of Use or your violation of any rights of another. You shall cooperate fully as reasonably required in the defense of any claim. MoCars.net reserves the right, at its own expense, to extend the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter related hereto without the prior written consent of MoCars.net.

8. Third Party Sites

www.MoCars.net may produce automated search results or otherwise link you to other Worldwide Web Internet sites, resources, which may contain information or material that some people find inappropriate or offensive. These other sites are not under the control of MoCars.net, and you acknowledge that MoCars.net is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by MoCars.net or any association with its operators.

9. Disclaimer of Warranties

ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH WWW.MOCARS.NET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MOCARS.NET, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MOCARS.NET, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MOCARS.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MOCARS.NET'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

11. International Use

MoCars.net makes no representation that Content on www.MoCars.net is appropriate or available for use in locations outside the United States, and accessing it from territories where its content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

12. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

13. Non-Confidentiality

You acknowledge that transmission to and from www.mocars.net is not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to MoCars.net, no confidential, fiduciary, contractually implied or other relationship is created between you and MoCars.net other than pursuant to the Terms of Use.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, USA without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate local or federal court located in the State of Michigan.

15. Statute of Limitations / Severability

The Terms of Use constitutes the entire Agreement between MoCars.net and you with respect to your use of the Service and/or www.MoCars.net Any cause of action you may have with respect to your use of the Service and/or www.MoCars.net must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portions thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect.

16. Acceptance/Non-Acceptance

By creating an account and using this site and its services you accept these Terms of Use, you acknowledge and agree that you shall be bound by them each and every time you access, visit or otherwise interact with www.MoCars.net or any MoCars.net Service.