CARABLE, INC.: WEB SITE TERMS OF USE
(TERMS OF USE LAST REVISED: November 10, 2016)
1. Scope of this agreement

THIS WEB SITE (WWW.CARABLE.COM) AND ITS AFFILIATED PAGES (COLLECTIVELY, THE “SITE”) IS MADE AVAILABLE BY CARABLE, INC. (“CARABLE,” “WE,” “US,” OR “OUR”). WHEN WE USE THE TERM “YOU” OR “YOUR” IN THIS TERMS OF USE IT REFERS TO ANY PERSON OR ENTITY (OR ANY AUTOMATED SERVICE OR PROGRAM ACTING BY OR ON BEHALF OF A PERSON OR ENTITY) THAT ACCESSES, VIEWS, OR COLLECTS INFORMATION FROM THE SITE. BY ACCESSING OR USING THIS SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOUND IN THIS TERMS OF USE DOCUMENT (THE “TERMS OF USE”). THE TERMS OF USE DOCUMENT GOVERNS YOUR USE OF THE SITE, SO YOU SHOULD READ IT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU SHOULD DISCONTINUE YOUR USE AND/OR ACCESS OF THIS SITE.

Among other things, you may use the Site to arrange for the online auction of a motor vehicle (a “Vehicle Auction”). To participate in a Vehicle Auction (whether as a seller who is listing the motor vehicle for sale at auction, or as a bidder and potential purchaser of a motor vehicle) you must register with Carable through the Site. As part of that registration process you will be asked to agree to additional terms and conditions that govern the Vehicle Auction (the “User Registration Agreement”). In the event of a conflict between these Terms of Use and the User Registration Agreement, the terms and conditions in the User Registration Agreement shall control.

2. Amendments to the terms of use

Carable reserves the right to amend this Terms of Use document at any time and without notice to you. The most recent date on which the Terms of Use was revised appears above. If you access and/or use the Site following a revision of the Terms of Use document it constitutes your acceptance to the Terms of Use as revised.

3. Site content

This Terms of Use governs the products, services, information, materials, graphics, arrangement, coding, design, text, sound and other items contained on the Site (collectively, the “Content”). Site Content may be provided by Carable or its licensors, or by you in connection with a Vehicle Auction. The Content may be changed by Carable at any time, and without notice to you. Carable has no obligation to update or correct any Content that you may provide in connection with a Vehicle Auction. Any Content that appears on the Site with an “as of” date is considered to be published on the Site as of that date. Carable reserves the right to terminate any Content or the Site in its entirety at any time, without prior notice.

4. Your use of the site

The Site, and the products and services described on the Site, are intended for use by individuals who are at least 13 years old. If you are under the age of 13, you should not be visiting the Site. Carable does not knowingly collect any information from individuals who are under the age of 13. We advise all visitors to the Site under the age of 13 not to disclose or provide any personally identifiable information. To learn more about the Children’s Online Privacy Protection Act (“COPPA”) please visit the Federal Trade Commission (“FTC”) site at www.ftc.gov.

You may view and use the Content contained on the Site only for informational, non-commercial purposes. Any use of the Site or the Content in the furtherance of any commercial venture or enterprise by you is strictly prohibited.

You agree not to attempt to log on to the Site from any country under sanctions by the Office of Foreign Asset Control (“OFAC”). Which countries are under sanctions may be found on the United States Department of the Treasury website. Any attempt to log on to the Site from such a country may result in your access being restricted or terminated.

Any attempt to reverse engineer, duplicate, spoof, disrupt, damage, corrupt, or destroy the Site or the Content is expressly prohibited. To the extent that any such attempts constitute a violation of criminal or civil law, Carable reserves the right to seek appropriate redress to the fullest extent available under applicable law.

You may not imply or otherwise represent that you are in any way affiliated with or endorsed by Carable without our express written permission.

In addition to other monitoring of the Site that is discussed in Web Site Privacy Statement, your use of the Site may be monitored, tracked, and recorded for the purpose of ensuring your compliance with the requirements and limitations of this Section 4. By using the Site, you expressly consent to such monitoring, tracking, and recording.

Any unauthorized use of the Site or the Content is strictly prohibited. If Carable reasonably believes that you are using the Site or the Content for any unauthorized purpose Carable may immediately restrict or terminate your ability to access and/or use the Site and the Content.

5. Carable services

The services described on or made available throughout the Site, including their terms, conditions, availability or pricing, are subject to change at any time, without notice. The availability of the services described on or made available through the Site, as well as their associated fees and charges may differ depending on geographic locations. By offering information about its services on the Site no solicitation is made by Carable to any person whose use of such information or services in geographic locations where such information or services is prohibited by law or is otherwise unavailable. If you register on the Site for a Vehicle Auction you agree to provide accurate, true, current and complete information about you and, if you are selling a motor vehicle through a Vehicle Auction through the Site, the motor vehicle to be sold in the Vehicle Auction.

Registration is available for sellers and buyers who reside in Texas and buyers who reside in any other state willing to travel to Texas to take delivery of a motor vehicle.

6. Copyright and trademark notices

The works of authorship contained on the Site, including but not limited to all Content, are owned (except as otherwise expressly stated) by Carable. Except as may be expressly stated on the Site they may not be copied, transmitted, displayed, performed, distributed (whether for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used – in whole or in part – except to the extent as expressly permitted by applicable law and then only with clear and conspicuous notice of Carable’s proprietary rights. However, you may download Content from the Site for your personal use, so long as you do not remove or alter any copyright or other notice as may be contained in the Content when downloaded or printed.

Carable claims certain registered (where so indicated) and unregistered trademarks and services marks in the Content and trade dress of this Site. Unauthorized use or reproduction of any such trademarks and service marks is prohibited.

If you register for a Vehicle Auction through the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use any patent, copyright, patent, trademark, or other intellectual property right (collectively, the “Registrant Intellectual Property Rights”) that you may have in connection with any information you provide to us in connection with the registration process.

Aside from any information or submission for which you have a Registrant Intellectual Property Right, you understand and agree that all information that you submit to Carable through the Site shall be deemed and remain the property of Carable. Carable shall be free to use (for any purpose) any and all ideas, concepts, know-how or techniques that are contained in any such information that you may submit to Carable through the Site. Carable shall not be subject to any obligations of confidentiality regarding information submitted through the Site, except as may be specifically agreed to by Carable under the terms of this Terms of Use or that may be required by applicable law.

NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS

Carable respects the intellectual property of other parties. We respond to notices of alleged copyright infringement when we receive notice of such infringement, as outlined below. If you believe that the Content of this Site is used or presented in manner that constitutes copyright infringement, you may send us a notice of such alleged infringement by United States mail or electronic mail to:

Email: info@carable.com

Mailing Address:

Carable, Inc.

Attn: Carable

1601 E Elm Street St. Fl 33 #109

Dallas, TX 75201

Under applicable law your notice of an alleged copyright infringement must include:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged infringed;

(b) Identification of the copyright work claimed to have been infringed (if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site);

(c) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Carable to locate the material

(d) Information that is reasonably sufficient to permit Carable to contact the complaining party, such as an address, telephone number, and (if available) an electronic mail address at which the complaining party may be contacted;

(e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate and (under the penalty of perjury) that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. Links to other sites

Carable may establish on this Site links and pointers to websites that are operated and maintained by third parties (each, a “Third Party Site”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any link to a Third Party Site is not a recommendation or endorsement by Carable of any products, services, information, goods, ideas, or opinions that may be found on any Third Party Site. Carable makes no warranties, either express or implied, concerning the content of any Third Party Site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose. Carable does not warrant that any Third Party Site is free from any claims of copyright, trademark, or other infringement. Carable does not warrant that any Third Party Site is free from any viruses or other contamination. You understand that Third Party Sites may have a privacy policy that is different from that of Carable and that Third Party Sites may provide less security than this Site. The choice to access a Third Party Site, or to purchase or otherwise use any of the products or services advertized or provided on a Third Party Site is yours, in your sole discretion.

8. Disclaimer of warranties

Because of the possibility of human and mechanical error, as well as other factors, Carable and its affiliates are not responsible for any errors or omissions from the Content made available on the Site. you acknowlege that neither Carable, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the products, services, or content on the site will be uninterrupted or error free. All Content is provided “as is” to the user of the Site, without express or implied warranties of any kind including the warranties of merchantability, non-infringement of intellectual property, fitness for any particular purpose or freedom from computer virus is given in conjunction with the Content.

9. Charges for Carable services

Upon acceptance of a Winning Bid or counteroffer, Registered Buyer agrees to pay the following fee to Carable:

  • $500.00 Carable Platform Fee

Unless Registered Buyer can show that Registered Seller has made a material misrepresentation about the Vehicle, these fees are non-refundable.

10. Limitation of liability

IN NO EVENT SHALL CARABLE, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABLITIES INCLUDING (WITHOUT LIMITATION) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, YOUR RELIANCE ON THE CONTENT, OR IN CONNECTION WITH ANY FAILURE OF AVAILABILITY, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OF SYSTEM FAILURE, EVEN IF CARABLE, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.

11. Idemnification

You agree to defend, indemnify, and hold Carable, its affiliates and their shareholders, directors, officers, employees, agents, and independent contractors harmless from and against all claims and expenses, including attorney’s fees, arising out of your violation of these Terms of Use or your misuse of this Site, the Content, or any of the products or services provided on this Site.

12. Severability

In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.

13. Governing law and jurisdiction

You agree that your use of the Site shall be governed by all applicable Federal laws and the laws of the State of Texas, without giving effect to any principles of conflict of law. To the extent permitted by applicable law, you agree to submit to the sole and exclusive jurisdiction of the state and federal courts sitting in the City of Dallas in the State of Texas.

14. Conditions applicable to child's consent in relation to information society services

Our website, products and services are all directed to people who are of legal purchasing age for a motor vehicle. If you provide information on our website, you certify that you are legally of age to purchase a motor vehicle in your registered state.