WeSellLimosTerms of Service
TERMS OF SERVICE
Disclaimer - WeSellLimos.com is not liable / responsible for any vehicle information that is provided in this website. Vehicle details will include (but not limited to)... Specifications, Vehicle Title, Features, Condition, Location, Pricing etc. *The "seller of record" or other third parties... are directly liable, of any such claims.
Notice - Although we attempt to keep our inventory current, we cannot guarantee that any specific vehicle... is still available for purchase. *We suggest you verify, all pertinent details with the Seller (or representative)... prior to completing any transaction.
This website makes no representations (expressed or implied), to any actual or prospective purchaser, or owner of any vehicle... as to the ownership, existence, accuracy, description, condition, warranties, or pricing. *Both "seller and buyer", are solely responsible... for all issues.
USER TERMS & CONDITION'S
The following Terms & Condition's constitute a binding Service Agreement by and between WeSellLimos.com ("WSL") and You ("User"). By viewing, accessing and using the services available throughout this website, You indicate that you've read and understand these Terms & Condition's and that You agree to be legally bound by them.
WeSellLimos.com may change the Terms & Condition's, and provisions of these from time to time... so please review this section periodically. This is your responsibility to do so, since your expected to accept any and all modifications to this Service Agreement.
Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using this Site, you acknowledge that you have read and agree to both these Terms of Service and our Privacy Policy.
1. WeSellLimos.com:
This site is a platform through which Users who wish to sell ("Sellers") various Vehicle's, can publicly post listings ("Listings") advertising the sale of their Vehicles to potential buyers ("Buyers"). WeSellLimos.com also allows Sellers to post contact information for Buyers to contact them to communicate about the listed Vehicles. WSL is only an administrator and a passive platform host that allows Users to post and view Listings to buy and sell Vehicles. You recognize and agree that WSL is not a broker or dealer.
WSL does not: aid in any Transaction(s) between Users; hold, collect, or transfer money (or any other kind of consideration) between any Buyer(s) or Seller(s) related to any Transaction(s); and/or set, fix, or comment on, any price(s) set for any Vehicle(s) listed on this site
You recognize and agree that You, as a User (whether as a Buyer or Seller), are solely responsible for the collecting, paying, remitting, and/or transfer of any money (or any other kind of consideration) between You and any other User(s) relating to any Transaction(s). You further recognize and agree that only You are responsible to pay and/or collect the purchase price for any Vehicle(s), and not WeSellLimos.com or any of its affiliates, subsidiaries, parent companies, partners, agents, employees, directors, officers, and/or principles ("Affiliates").
2. Buying a Vehicle listed on WeSellLimos.com:
The prices of Vehicles listed by Sellers on this site may exclude sales tax(es), finance charges, title, license, regulatory, emission testing, and compliance fees, any/or all of which may be (or may not be) added to the listed price for each Vehicle's final sale price. Before purchasing a Vehicle listed, You should confirm the actual pricing of the Vehicle, as well as the accuracy and validity of all other Content in a Listing.
Disclaimers; As a Buyer, You recognize and Agree that:
- WeSellLimos.com does not transfer legal ownership, title or possession of Vehicles from Sellers to Buyers.
- We have not inspected and do not know, or represent the quality, condition, mileage, or title status, of any Vehicles listed on this site.
- WSL does not sponsor any Sellers or specific Vehicles and does not encourage Buyers to purchase any specific Vehicles.
- We cannot guarantee the behavior of the Sellers and how they treat Buyers.
- You alone are responsible to research any Vehicle(s) listed on this site, and should seek any appropriate technical, legal, and/or financial advice when entering into a Transaction to purchase a Vehicle that is listed.
- WeSellLimos.com cannot promise or guarantee that all listed Content, or any portion of the Content will always be available, is accurate, is complete, and/or is current and up-to-date. You agree that in entering into any communications, negotiations, or Transactions with any other User, You are solely responsible to conduct Your own research and due diligence. You agree that You will not hold WSL and/or our Affiliates responsible for any Content that is unavailable or that contains any inaccuracies.
3. Listing & Selling a Vehicle through WeSellLimos.com:
Disclaimers; As a Seller, You recognize and Agree that:
- Fraud is not tolerated in any way. Fraudulent activities will be reported to the authorities.
- WeSellLimos.com cannot and does not guarantee that any Buyer(s) will offer to purchase, or purchase Your Vehicle(s).
- We cannot and do not guarantee that any Buyer(s) will purchase Your Vehicle(s) for any specific price.
- WSL cannot and does not guarantee the financially solvency or capability of any User(s) to purchase Your Vehicle(s).
- We cannot guarantee the behavior of the Buyers and how they treat Sellers.
- You alone are responsible to research the Buyer and the Buyer's financial solvency and capability to enter into a purchase Transaction.
- All Content posted by You on this site is true, accurate, and current.
- Sellers supply and post all content, such as pictures, images, videos, descriptions, information related to the listed Vehicle(s), as well as various contact information of the Seller (the "Content") within each Listing. You recognize and agree that the sole responsibility for the Content contained in each Listing lies with each Seller. You, as a Seller, are solely responsible for the Content You post, including Listing information and photos of Your Vehicle(s), as well as for the content of all communications You send to any potential Buyer.
- When providing WSL with Content, or accessing and using site services, You grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights You have in the Content. Further, to the fullest extent permitted under applicable law, You agree that upon submission of any Content to WeSellLimos.com, You waive Your moral rights contained in the Content. You further agree to hold WSL and our Affiliates harmless from any and all claims of any kind relating to our use of the Content under the License.
- Purchasing a listing allows you to list (1) vehicle for that listing. Listing another vehicle will require you to purchase another listing. Recycling a listing to list more than 1 vehicle will result in agreeing to purchase another listing for each violation. Listing activities are monitored and abuse will not be tolerated.
4. General User Conduct:
You agree, whether as a Buyer or Seller and in addition to any other specific restrictions and rules set out in these Terms, to abide by the following general standards of User conduct:
- You are at least eighteen (18) years of age.
- By using WeSellLimos.com, You agree to negotiate in good faith and deal honestly with all other Users. Treat all other Users of this site fairly and honorably, and pay any and all applicable taxes relating to Your sale of Your Vehicle(s), that your deemed responsible.
- We request that Users provide their contact information to use this site. You agree to provide accurate and current contact information to WSL, that we may publish your contact information provided to WSL publicly on this site and elsewhere to promote the Listing(s).
- You will only use other Users' contact information only to respond to listings and communicate with other Users about the potential sale of the listed Vehicle(s). You will not use any User's contact information to spam, threaten, stalk, defraud, harass, intimidate, or abuse any other User. You further recognize and agree that WSL may, in our sole discretion, delete your account on this site, remove any of your Listings, and/or prevent You from using site for either a period of time, or indefinitely.
- Publicly post, or send to WSL, or any other User, any material that is knowingly false, defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, political, invasive of a person's privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation of any kind.
- Send to WeSellLimos.com, or any other User, any material that is spam (including, but not limited to, junk mail, chain letters, unsolicited bulk email, and material that is unrelated to the Listing), contains viruses, Trojan horses, worms, or any other disruptive or harmful component.
- Send to WSL, or any other User, any material that discusses, shows, portrays, or encourages illegal activities, or linking to other websites or materials that deal with such illegal activities.
- Interfere with or disrupt this site, or WSL computer systems, servers, or networks. Gain, or attempt to gain, unauthorized access to any part of this site, or any WeSellLimos.com Affiliates' websites, and/or to accounts that belong to other Users. Engage in any systematic extraction of data or data fields, such as email addresses, by use of any automated mechanism. Collect information about other Users without their express, written consent. Interfere with any other User's ability to view, access, and/or use this site and/or impersonate any person, mislead others about your identity, and/or post material under false names.
- You recognize and agree that while WSL try's to keep this site safe, secure, and functioning properly, WSL cannot guarantee the continuous operation of, or access to this site. Any updates to this site, and/or any specific Listing(s) may not occur in real time. You recognize and agree that WeSellLimos.com is not liable for any such delays.
- You agree that you're viewing, accessing, and using this site at your own risk. WeSellLimos.com and our Affiliates are not liable, and You agree not to hold WSL responsible, for any damages or losses of any kind (including, but not limited to; loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from using this site.
- If You have a dispute of any kind with one or more Users (each, a "User Dispute") relating to any Listing(s), Transaction(s), and/or Vehicle(s), You hereby agree to release WeSellLimos.com and our Affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such User Disputes. In entering into this release You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in your favor at the time of agreeing to this release. You further agree to direct any and all communication regarding any User Dispute to the other User(s) involved in such User Dispute, and not WSL and its Affiliates.
5. Disclaimer of Warranties:
THE SITE AND ALL CONTENT, SERVICES, LISTINGS, AND INFORMATION PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WESELLLIMOS.COM AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
- ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE, ITS CONTENT, OR ANY LISTINGS.
- ANY WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY WARRANTIES REGARDING THE QUALITY, CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY VEHICLE LISTED ON THE SITE.
No advice or information, whether oral or written, obtained from WeSellLimos.com or through the Site shall create any warranty not expressly stated in these Terms. You acknowledge that your use of the Site and reliance on any content or listings is at your sole risk.
6. Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WESELLLIMOS.COM OR ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, PARTNERS, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, OR PRINCIPALS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WSL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- ANY DAMAGES ARISING FROM OR RELATED TO ANY TRANSACTION, COMMUNICATION, INTERACTION, OR DISPUTE BETWEEN BUYERS AND SELLERS, INCLUDING BUT NOT LIMITED TO VEHICLE DEFECTS, FRAUD, MISREPRESENTATION, TITLE ISSUES, OR BREACH OF ANY AGREEMENT BETWEEN USERS.
- ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR ACCOUNT.
- ANY DAMAGES ARISING FROM ANY CONTENT, INFORMATION, OR LISTINGS POSTED ON THE SITE BY ANY USER OR THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF WESELLLIMOS.COM AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO WESELLLIMOS.COM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).
Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights. In such cases, WSL's liability shall be limited to the fullest extent permitted by applicable law.
7. Indemnification:
You agree to indemnify, defend, and hold harmless WeSellLimos.com and its Affiliates (including subsidiaries, parent companies, partners, agents, employees, directors, officers, and principals) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
- Your use of or access to the Site.
- Any Content you post, submit, or transmit through the Site, including any Listings.
- Any Transaction or interaction between you and any other User, including any claims by a Buyer or Seller arising from a Vehicle purchase, sale, or communication.
- Your violation of these Terms of Service, any applicable law, rule, or regulation, or the rights of any third party.
- Any misrepresentation, fraud, or inaccuracy in any Content or information you provide.
- Any claim that your Content infringes or violates the intellectual property rights, privacy rights, or other legal rights of any third party.
WeSellLimos.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without the prior written consent of WeSellLimos.com. WSL will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
8. Copyright Infringement / DMCA Takedown Policy:
WeSellLimos.com respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512, we will respond expeditiously to claims of copyright infringement committed using the Site if such claims are reported to our designated copyright agent.
Filing a DMCA Notice: If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide our designated agent with a written notice containing the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing and information reasonably sufficient to allow us to locate the material on the Site (such as a URL).
- Your contact information, including name, address, telephone number, and email address.
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
DMCA notices should be sent to our designated copyright agent via our Contact Page. Please include "DMCA Notice" in the subject line.
Counter-Notice: If you believe your content was removed in error, you may submit a counter-notice containing: (1) your physical or electronic signature; (2) identification of the removed material and its prior location; (3) a statement under penalty of perjury that you believe the material was removed by mistake; and (4) your name, address, and phone number, along with a statement consenting to jurisdiction in the federal court for the district in which your address is located.
Repeat Infringers: WeSellLimos.com reserves the right, in its sole discretion, to terminate the accounts of Users who are repeat infringers.
9. Termination and Suspension:
WeSellLimos.com reserves the right, in its sole discretion and without prior notice or liability, to:
- Suspend or terminate your access to the Site, your account, and/or any or all of your Listings, for any reason or no reason, at any time.
- Remove, disable, or restrict access to any Content or Listings that WSL determines, in its sole discretion, violates these Terms, applicable law, or is otherwise objectionable.
- Refuse to provide services to any User for any reason or no reason.
Effect of Termination: Upon termination of your account or access: (a) all rights and licenses granted to you under these Terms will immediately cease; (b) you must immediately stop using the Site; (c) any outstanding Listings may be removed without refund; and (d) WSL shall have no obligation to maintain, store, or provide you with any Content or data associated with your account.
No Refunds: Listing fees and other payments are non-refundable. Termination or suspension of your account shall not entitle you to any refund of fees previously paid.
Survival: The following provisions shall survive termination of these Terms: Sections 4 (General User Conduct), 5 (Disclaimer of Warranties), 6 (Limitation of Liability), 7 (Indemnification), 8 (DMCA Policy), 10 (Governing Law), and any other provisions that by their nature should survive.
10. Governing Law and Jurisdiction:
These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to its conflict of law provisions.
Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Burlington County, New Jersey. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.
11. Force Majeure:
WeSellLimos.com shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond WSL's reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, cyberattacks, power outages, telecommunications failures, internet service provider failures, third-party service disruptions, or government actions. During such events, WSL's obligations under these Terms shall be suspended for the duration of the force majeure event.
12. General Provisions:
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and WeSellLimos.com regarding your use of the Site, and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
- Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
- Waiver: The failure of WeSellLimos.com to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by WSL.
- Assignment: You may not assign or transfer your rights or obligations under these Terms without the prior written consent of WeSellLimos.com. WSL may assign its rights and obligations under these Terms without restriction.
- Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
- Contact: Questions regarding these Terms of Service should be directed to us through our Contact Page.
THIRD PARTY USE OF PHOTOGRAPHS, ARTWORK, LOGOS:
No permission, either expressed or implied, is granted for the electronic transmission, storage, retrieval, or printing of any photographs, artwork, logos contained on WeSellLimos.com, or any other affiliate media streams. No company and/or individuals visiting or viewing images from WeSellLimos.com... may otherwise copy, modify, publish, transmit, or distribute said proprietary materials found herein. Express written permission must be granted from WeSellLimos.com, in order to use any of it's property, for any purpose.