We reserve the right, at our sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes. These Terms control the relationship between Peddle and you. They do not create any third party beneficiary rights. Peddle also reserves the right to suspend and/or deny access to the Website or any Services for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.
By selecting "Accept" when prompted you agree to become legally bound by these Terms without any modification or reservation whatsoever. If you do not agree to all the terms and conditions of these Terms, then please do not access the Website or use any Services. If these Terms are considered an offer by us, acceptance is expressly limited to these terms.
This Website is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions only. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Peddle and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. If you are eighteen (18) years of age, but reside in a jurisdiction outside the United States and its territories and possessions, you acknowledge and agree that you use the Website at your own risk, and that you agree to be bound by these Terms, regardless of any conflicting provisions applicable in your country of residence.
The Website is not intended for users under the age of thirteen (13), and we do not knowingly collect personally identifiable information from users under the age of thirteen (13). Such users are expressly prohibited from registering for the Service or submitting their personally identifiable information to us, and from using portions of the Website for which registration is required.
Use of Services
Peddle does not always directly buy or sell cars or provide salvage and towing services or negotiate the purchase or sale of vehicles. In certain instances, the Website serves as a digital venue and intermediary where Sellers and Buyers meet and enter into agreements. In such situations, Peddle is not involved in the actual transaction between Sellers and Buyers (as defined below) and simply assists in the logistical and payment processes of the transactions when applicable. As a result, Peddle has no control over the quality, safety, or legal aspects of any sale that may be initiated through use of the Website or Services. Peddle has a dealer's license that enables it to buy cars. In the instances where Peddle buys cars from a Seller, Peddle steps into the role of a Buyer and all terms and conditions applicable to a Buyer are applicable to Peddle.
The Services provided are in no way a substitute for your own due diligence, and Peddle does not guarantee the accuracy or correctness of any information provided. You acknowledge that you may not accept an Offer (as defined below) on any vehicle that could cause us to violate any applicable law, statute, ordinance, or regulation or that violates our Prohibited Items terms.
While Peddle uses techniques such as insurance, EID, and credit checks to confirm the verification and qualification of Buyers and Carriers, it does not assume any obligation to do so and it does not guarantee the safety of any persons using the Website or Services or the accuracy of any information and is not responsible or liable for any activities you engage in with or any communications you have with Buyers or Carriers.
In order to access or use the Services or access certain functionality of the Website, you may be required to provide current and accurate identification, a username, password, email address and other information. You are solely responsible for any information you provide to us or other users in the registration, Offer, transportation, or payment process. You represent and warrant that your personal information is true, legal, accurate, non-fraudulent and solely yours. You are responsible for maintaining the accuracy and completeness of this information and for maintaining the confidentiality of your login information required to use the Services and Website. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Website. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including any purchases, that are initiated by use of your registered account.
You will be fully responsible for all activities that occur under your account with Peddle, including activities of others to whom you have provided your username or password. Please notify Peddle immediately of any unauthorized use of your account or any other breach of security.
An "Offer" is an amount of money or a service put forward by the Buyer and when accepted, is defined as a transaction between a Buyer and a Seller. Offers are contingent upon the accuracy of the vehicle information as well as personal information submitted by the Seller. Offers are generated in real time and are subject to change.
"Sellers" are users of Peddle who submit information about their vehicle in order to receive Offers from Buyers. When a Seller receives and accepts an Offer from a Buyer, they are connected with the Buyer and supplied with the appropriate contact information. If an offer is accepted, the Seller is contacted by a Buyer / Carrier to arrange for the vehicle to be picked up. Carriers do not provide emergency towing or recovery services through Peddle. In case of pick ups, it is the Seller's responsibility to ensure the vehicle is in a safe and accessible location to be removed upon the Carrier's arrival. If an Offer indicates that payment occurs at the moment the car is picked up, the Buyer also makes arrangements to pay the Seller. By acting as a Seller, you acknowledge that you are at least eighteen (18) years of age. Minors are only permitted to use Services in conjunction with the consent of their parents or guardians.
"Buyers" are commercial users of Peddle who submit offer bids to buy the vehicles submitted by Sellers. The amount is based upon the vehicle's information that the Seller submits. Factors that determine bid amounts are items, such as location, year, and condition of the vehicle. When a Buyer's bid is selected, an Offer is presented to the Seller. Once the Offer is accepted by a Seller, the Seller's pertinent information is given to the Buyer in order to facilitate Services.
Buyers are not permitted to circumvent or "cut out" Peddle or make offers directly to Sellers outside of the Services. If an Offer made outside of Services is accepted by a Seller, then Peddle deems those offers outside its purview and will provide no support or assistance to the Seller or Buyer.
A "Carrier" is a person or company who physically transports the Seller's car from its location to the Buyer. Carriers can/will be dispatched by a third party through Peddle or directly through a Buyer.
Third Party Services
The Services and the Website may provide you with an opportunity to engage with third party services, provide you with information pertaining to third party services or provide you with links to third party services ("Third Party Services") offered or made available by third party organizations, companies or individuals, including Sellers, Buyers or Carriers as applicable, ("Third Party" or "Third Parties"). Such Third Parties are not related to, associated with or affiliated with Peddle, and Peddle has no involvement in providing the Third Party Services to you. Peddle merely acts as a conduit to allow you to identify, interact and engage with such Third Parties including Buyers and Sellers.
No Offers you make or receive through the Website are binding on any Third Party unless you enter into a separate agreement with them for your desired Third Party Services. Your use of Third Party Services is subject to an independent agreement with the applicable Third Party providing such Third Party Services and is not governed by these Terms, unless explicitly stated as being applicable to such Third Party Services or Third Party. Please read carefully all agreements, order forms and commitments you enter into with a Third Party for Third Party Services. You agree that all such agreements, order forms and commitments are your sole responsibility.
Please be aware that Third Parties provide their information to Peddle voluntarily. Peddle has no control over such information and resources provided and Peddle is not responsible for or provide any guarantee, warranty or recommendation to such Third Party Services and/or Third Party. You acknowledge that the Website may contain out of date or incorrect information about the Third Party or the Third Party Services. It is your sole responsibility to obtain updated, complete and accurate information, including information about service levels, final pricing and quotes, about the Third Party and the Third Party Services before you engage any such Third Party or enter into any contract with them. Peddle is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, information, events, goods or services available by or through such Third Party.
A Carrier or Buyer cannot pick up any hazardous or dangerous materials along with or inside of any vehicle. Hazardous or dangerous items are those that may pose a danger to the health, safety, or property of any person during transport (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Items that Peddle cannot service through the Website include parts, scrap metal, and liquids. PEDDLE ONLY PROVIDES SERVICES RELATING TO PASSENGER VEHICLES through the Website. This does not include motorcycles, heavy equipment, trailers, motorhomes, RVs, or boats.
Deal with Us in Good Faith
By creating an account, you agree that you are signing up for our Services in good faith, and that you mean to use them only for their intended purposes. You also warrant that you are legally able to sell or buy the car on which you accept or make an Offer. You agree that it is your sole obligation to comply with all laws, rules, statutes, and regulations that may apply including any and all local, state, and federal licensing requirements.
Payment process and methods
Peddle currently offers Sellers the following options to receive payment for their vehicle, only certain of which may be available at the time any given Offer is provided:
(1) "Payment on the spot": the Carrier or any other third party will deliver payment to the Seller at the time the vehicle is picked up.
(2) "Check by mail": a check will be mailed to the name and address supplied by the Seller of the vehicle.
In most cases, the Carrier is able to make payment to the Seller at the time of pick up. If paid by mailed check, ACH, wire transfer or any such payment method, the amount due to the Seller will be processed as soon the vehicle is confirmed to be picked up and the condition and documentation have been verified.
Seller's Representations, Warranties and Covenants
1. Seller will receive payment only when the Seller's vehicle is successfully picked up by the Carrier, the vehicle is the same or substantially similar condition as described by the Seller, and the title and ownership records for the vehicle are valid and in order.
2. Certain information regarding vehicle condition, location, and ownership must be submitted in order for the Seller to complete the offer and acceptance process. The Seller represents and warrants that all information provided is accurate and legally true, including, without limitation, the following:
(a) Accurate Vehicle Location: The address indicated at the time of submission must be identical to that of the vehicle location when it is picked up.
(b) Accurate Vehicle Information: The year, make, model, trim, and VIN of the vehicle indicated at the time of submission must be identical to that of the vehicle that gets picked up.
(c) Accurate Vehicle Condition: The following conditions will be verified before and after the vehicle is picked up:
Whether the vehicle has all of its wheels mounted with tires in good condition with no flats or missing wheels or tires.
Whether the vehicle has a key and the battery is installed and functioning.
Whether the vehicle "starts" - i.e., if upon turning the ignition, the engine starts normally and idles. Whether it "drives" - i.e., if it moves under its own power when placed into gear, is safe to drive, and is free of major mechanical issues. The vehicle must start and drive in its current condition, have its keys, and have an installed and functioning battery.
Whether all parts of the vehicle's engine and transmission are intact and in position to properly operate the vehicle.
Whether the vehicle has been used as a taxi service vehicle or not.
The mileage shown on the odometer will be rounded to the nearest thousand, and which can be verified upon inspection.
Whether the vehicle exterior (including doors, bumpers, hood, etc.) has the same properly attached parts as when it was assembled in the factory or has aftermarket replacements with nothing loose or removed.
Whether the vehicle has no body damage the size of a baseball or larger. Damage includes dents, rust, scrapes, or anything resulting from an accident.
Whether all mirrors, glass, and lights are intact and bolted to the vehicle with nothing cracked, removed or missing.
Whether the vehicle has been involved in an incident resulting in any water or fire damage. This includes damage to the interior, exterior, under the hood, electronics, etc.
Whether the vehicle interior (including seats, airbags, radio, etc.) has the same properly attached parts as when it was assembled in the factory or has aftermarket replacements with nothing damaged or removed.
(d) Accurate Vehicle Ownership: The title documents submitted for verification of ownership and legal validity must be accurate and truthful. You must clearly and truthfully answer the following questions when submitting information to Peddle:
What type of title do you have? Most cars without a history of severe damage will have a clean title. Check the front and back of your title for a "Brand" or similar section. There will usually be a note or stamp that states if your vehicle is considered "salvage" or "rebuilt". If you don't see that message, your title is likely considered "clean". If you don't have a title, let us know and we'll help you out.
In which state was the title issued? The U.S. state in which the vehicle's current title of ownership was issued, regardless to the vehicle's current location.
What is the owner(s) name shown on the title? You are required to provide the name of the vehicle owner(s) exactly as it appears on the title.
Do you have any outstanding liens? A lien is placed on a vehicle until the auto loan or financing is paid off in full and a new title or lien release is issued.
3. All vehicles will be inspected in order to verify their condition and documentation. In some cases, this inspection will take place at the time when the vehicle is picked up. In other cases, the inspection will take place at another time and location. Seller agrees that it will fully cooperate during the verification process.
4. If any information about the vehicle provided by the Seller is found to be inaccurate at the time of inspection or thereafter, Peddle reserves the right to recalculate the original Offer for the vehicle, stop the processing of the payment, receive a full refund of the payment and/or return, not pick up the vehicle. In the event that the Seller does not accept the return of the vehicle, it may be deemed an abandoned vehicle at the Seller's risk, which will result in nonpayment. The Seller will be notified before any action is taken.
5. The Seller acknowledges that it shall, at its own expense, and as Peddle may reasonably request, execute all documents, papers, forms and authorizations, and take such other actions as are necessary to effectuate the transfer of ownership of the vehicle to Buyer. If the Seller refuses to cooperate with Peddle, Peddle reserves the right to invalidate the transaction and require the Seller to collect the vehicle at its own cost. If the Seller does not promptly collect the vehicle within 30 days, it shall be treated as an abandoned vehicle at the Seller's risk.
If you are eligible to use the Website and the Services, Peddle grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and the Website solely under the terms and conditions provided hereunder. Any use of the Website other than as authorized by these Terms is strictly prohibited and will terminate the license granted herein.
Peddle and/or its licensors own the Website and Services, including all software and other technology provided or employed by Peddle in connection with the Services, and the contents, design, layout, functions, appearance and other intellectual property comprising the Website, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. It is clarified that "Peddle", "Junk My Car", and "GetUsedParts", among other trademarks, are registered trademarks of Peddle, LLC. Peddle does not grant any licenses to any copyrights, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Website, as set forth herein and subject to these Terms.
The Website may contain also contain intellectual property of Third Parties, including service marks and trademarks. Your use of this Website or the Services does not give you any right or license to use such intellectual property, without the prior written permission of the corresponding intellectual property owner.
All rights not expressly granted herein are reserved by Peddle. Your use of this Website does not grant you ownership rights of any kind in the Website.
As a result of your use of the Services and the Website, whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of these Terms. Any disclosure of Our Information to a third party, specifically including a direct competitor, is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, you acknowledge that Our Information is proprietary, confidential, and extremely valuable to us and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation and that we shall be entitled to injunctive relief.
In using the Website and Services, you agree (i) not to send to Peddle or upload onto or through the Website any information unless you have consent to do so; and (ii) that you will not:
(a) violate any applicable international, country, province, federal or state laws, regulations or rules (collectively, "Laws") as a result of your use of the Website;
(b) make any information available to Peddle if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
(c) transmit any information, data, images, or other materials or post any content on the Website that contain vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate, or are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another's right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
(d) provide any false personal information on Peddle, or create an account for anyone other than yourself without permission;
(e) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) violate or attempt to violate the security of any of the Services, including by: logging or attempting to log in to a server or account that you are not authorized to access; testing, scanning, probing or hacking the vulnerability of the Website or any network used by the Website or to breach security, encryption or other authentication measures or attempting to do any of the foregoing; or interfering with the Website by overloading, flooding, pinging, mail bombing or crashing it or attempting to do any of the foregoing;
(g) share your password, permit, authorize or enable anyone else to access your account, or do anything else that could reasonably be expected to jeopardize the security of your account;
(h) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, algorithms or any other aspect or element of any portion of the Website;
(i) "scrape," copy, transfer, transmit or display any information, data, software, interfaces, code, widgets, tools or other materials contained in or accessible by means of the Website ("Peddle Information") from the Website, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, bots or robots, avatars or intelligent agents) to navigate or search any portion of the Website, other than through use of the search engine and search agents available from Peddle on the Website and generally available to third party web browsers (e.g., Mozilla Firefox, Google Chrome, Apple Safari and Microsoft Internet Explorer); or
(j) harvest or collect Peddle Information, email addresses or other contact information of other users from the Website or Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
(a) You may not collect, develop or derive for commercial sale any data in any form that incorporates or uses any Peddle Information.
(b) You may not modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, license, create derivative works from, transfer or sell any Peddle Information.
(c) You shall: (i) provide true, accurate, current and complete information about yourself when entering your information on the Website and when communicating with a Third Party; and (ii) maintain and update this information to keep it true, accurate, current, and complete.
(d) You shall abide by all copyright notices or restrictions contained in any content accessed through the Website.
(e) You may not under any circumstances publish, copy, distribute, share with third parties or make public in any form any information regarding the Third Party Services or Third Party, including pricing information, location of the third party no matter how obtained (whether through the use of the Services or directly from the Third Party).
All remarks, suggestions, ideas, graphics, photographs or other information ("Submissions") communicated to Peddle through this Website will forever be the property of Peddle. In addition, you grant, and you represent and warrant that you have the right to grant, Peddle, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, display, perform, adapt, modify, alter, create derivative works from and distribute your Submissions, including your name, image, likeness, photograph, voice, and biographical material, included therein or in connection therewith, including but not limited to advertising, publicity and promotional purposes, in any media now known or hereafter invented, including, but not limited to Peddle's websites and social media channels, and in advertising campaigns and installations including as part of a video compilation. Without limiting the foregoing, you hereby grant Peddle the right to edit, arrange, rearrange, adapt and combine your Submissions with other materials in its sole discretion, including on the aforementioned websites and social media channels and including without limitation in 'compilation' online and out-of-home videos.
You further represent and warrant that you own or otherwise control any rights to your Submissions and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submissions to grant the license contained in these Terms for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject.
You are solely responsible for the content of any Submission you make you make on this Website or to any Third Party Organization through the Website. Unless otherwise specified in writing, all Submissions made through or on the Website will be presumed to be public and Peddle will not be required to treat the information as confidential. The content of Submissions is not pre-screened. Accordingly, users who access Submissions publically available do so at their own risk, especially with respect to offensive, incorrect, and otherwise unacceptable material. Notwithstanding the foregoing, Peddle reserves the right, but does not assume any obligation, to delete Submissions that Peddle, in its sole discretion, deems abusive, defamatory, obscene, in violation of any Laws, or otherwise unacceptable.
You shall not solicit hire or hire our employees of whom you become aware through the use of the Website or Services. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.
Information collection, use, and sharing
We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
Release of liability
Should you have a dispute with one of more of the Sellers, Buyers or Carriers, you hereby release Peddle, LLC, its affiliates, subsidiaries, officers, directors, agents, members, managers, shareholders, employees or representatives from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with such disputes.
IN NO EVENT WILL PEDDLE, OUR AFFILIATES, SUBSIDIARIES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MANAGERS, MEMBERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR WEBSITE UNDER ANY LEGAL THEORY, INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER ANY LEGAL OR EQUITABLE THEORY FOR: (I) ANY DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO US UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL THE MATERIALS, INFORMATION, SERVICES, FACILITIES AND OTHER CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEDDLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
PEDDLE DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEDDLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PEDDLE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. PEDDLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless Peddle and Peddle's subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, agents, representatives and approved and permitted licensees and assigns from any and all loss and damage (including, without limitation, reasonable fees and disbursements of counsel incurred by Peddle in any action or proceeding between Peddle and an affiliate or between any third party and Peddle or otherwise) from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website or the Services, including but not limited to your breach of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision.
You understand and agree that we may, in our sole discretion and at any time, terminate your account and discard and remove any content posted or submitted by you for any reason. You understand and agree that we may take any one or more of these actions without prior notice to you. Should we take any of these actions, we may, in our sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information and submitted content. You understand and agree that we shall not have any liability to you or any other person for any termination of your access and/or the removal of information concerning your account. Peddle may also suspend or terminate your account or rescind the Offer if a suspicion arises that you engaged in any fraudulent activity in conjunction with our Website.
If Peddle becomes aware that you willfully and intentionally violated any of our rules or manipulated the Website, sale process, or communications, we may pursue damages against you in any forum we deem appropriate.
These Terms and any access to or use of the Website will be governed by the laws of the State of New York, excluding its conflict of law provisions. Except for claims for injunctive or equitable relief in aid of arbitration or claims regarding Peddle's intellectual property rights (which you hereby consent are subject to the exclusive jurisdiction of the federal or state courts located in the State of New York, County of New York and which may be brought without the posting of a bond), any dispute arising under these Terms shall be heard and resolved in accordance with the JAMS Streamlined Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by one arbitrator appointed in accordance with such Rules. The arbitration shall take place in New York, NY in the English language, and the arbitral decision may be enforced in any court of competent jurisdiction. A waiver by Peddle of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Change in Control
In the event of a change of control of Peddle or the sale of substantially all of Peddle's assets or other corporate event, all rights of Peddle hereunder shall be transferable without notice to you.
DataOne Software is an automotive data source providing data to solution and service providers in North America across many sectors including automotive marketing, transportation, and risk management.
If you have any questions about these Terms, you may contact us at firstname.lastname@example.org.