By accessing the CarsByOwner website or using the services offered by CarsByOwner, you agree and acknowledge to be bound by these terms. If you do not agree to these terms, please do not access the site or use the services. CarsByOwner reserves the right to change these terms at any time. We recommend that you periodically check this site for changes.

LICENSE

CarsByOwner grants you a limited license to access the site and use the services in accordance with these terms and the instructions and guidelines posted on the site. CarsByOwner reserves the rights to terminate your license to use the site and services at any time and for any reason or in the future charge for commercial usage.

RESPONSIBILITY

You are solely responsible for your use of the site and services. Because CarsByOwner merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of CarsByOwner, and CarsByOwner makes no claim of accuracy of any user-posted material. CarsByOwner allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the site or services does not imply any endorsement by or any affiliation with CarsByOwner. In accessing the site and services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the site and services.

CONTENT

By posting content, you are granting permission to us and others to access and use it in connection with the services, the site and otherwise in connection with our business.

CarsByOwner is explicitly not responsible for the manner or circumstances by which third parties access or use our content and is under no obligation to disable or otherwise restrict this access. CarsByOwner does not provide you with the ability to retrieve and remove your posted content from the site and the services. CarsByOwner does not provide you with the ability to retrieve and remove copies that others may have made or we may have made for backup purposes.

FEEDS & API

CarsByOwner provides access to portions of its site and services via RSS feeds and an API; for the purposes of these terms, such access constitutes use of the site and services. CarsByOwner asks that you use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Site itself to allow the display of a substantial portion of the CarsByOwner database or reproduce, duplicate or copy the CarsByOwner Site. CarsByOwner reserves the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.

INTELLECTUAL

CarsByOwner, the CarsByOwner logo and the CarsByOwner design are trademarks or trade dress of CarsByOwner, and may not be used without express written permission from CarsByOwner, other than for attribution. All other trademarks not owned by CarsByOwner that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CarsByOwner.

CarsByOwner-originated content included on the site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the site, is the property of CarsByOwner and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any CarsByOwner-originated content is permitted without written permission from CarsByOwner.

User-posted content is copyrighted, and any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.

VEHICLE INFORMATION WARRANTY/LIABILITY

The information on vehicles provided in this service is supplied by the seller or other third parties; CarsByOwner is not responsible for the accuracy of such information. CarsByOwner provides this service and materials without representations or warranties of any kind, either expressed or implied. All prices and specifications are subject to change without notice. Prices may not include additional fees such as government fees and taxes, title and registration fees, finance charges, dealer document preparation fees, processing fees, and emission testing and compliance charges.

CAR LOAN APPLICATIONS

Upon submitting a car loan application on the CarsByOwner site, CarsByOwner will attempt to place the application with a member of the CarsByOwner lending network and a confirmation email that includes a link to access the loan application status is sent out. After the initial processing time (typically 1-3 business days), another email indicating whether or not the application has been placed is sent out. If the application is placed, the consumer is contacted by phone by the lender or dealer.

While CarsByOwner strongly encourages consumers to get and check their credit report, it is not a requirement for submitting a loan application or for being placed within the CarsByOwner network of lenders and dealers.

GENERAL WARRANTY / LIABILITY

CarsByOwner PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CarsByOwner SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

You understand and agree that you use the site and services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL CarsByOwner BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT CarsByOwner HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH CarsByOwner SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

OTHER

CarsByOwner and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between CarsByOwner and you.

These Terms supersede any previous agreement and represent the entire agreement between CarsByOwner and you. These Terms are governed by the laws of the State of Illinois without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly.

TERMS (For Sale By Owner)

CarsByOwner reserves the right, in its sole discretion, to remove any listing or photo, without notice and without liability, that does not meet the requirements of these Terms Of Sale, CarsByOwner's website Terms Of Use, CarsByOwner's policies, or if CarsByOwner otherwise determines or believes, in CarsByOwner's sole and exclusive discretion, that your listing or any photo or other content you upload is inappropriate for any legal, business, technical or other reason.

GENERAL LIMITATIONS

CarsByOwner listings can only be created for the vehicles and models specifically identified in the CarsByOwner drop-down menus. You are solely responsible for the information, content, and photos contained within your listings. Listings only contain the features expressly indicated. CarsByOwner listings may not appear on the CarsByOwner site for up to 72 hours. CarsByOwner DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THIS SERVICE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE.

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