ACCEPTANCE OF TERMS
NBCars provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time by returning to this page. In addition, when using this service, you and NBCars shall be subject to any posted guidelines or rules applicable to the service, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
PASSWORD AND SECURITY
You choose a password while completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password or account. You agree to immediately notify NBCars of any unauthorized use of your password or account or any other breach of security. NBCars cannot and will not be liable for any loss or damage arising from your failure to comply with these terms.
GENERAL POSTING RULES
By using this Service, you are posting content that is intended for the entire internet community. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made at the sole discretion of NBCars. Please do not post material that:
advertises, promotes or offers to trade any goods or services, other than those designated by the menu items;
contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
violates any right of NBCars or any third party;
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
unfairly interferes with any third party's uninterrupted use of NBCars;
uploads copyrighted or other proprietary material of any kind on NBCars without the express permission of the owner of that material;
uses or attempts to use another's account, password, service or system except as expressly permitted by the Terms of Service;
uploads or transmits viruses or other harmful, disruptive or destructive files or
disrupts, interferes with, or otherwise harms or violates the security of NBCars, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through NBCars or affiliated or linked sites.
VEHICLE POSTING RULES
By listing your vehicle for sale through NBCars, you acknowledge and agree that:
the listing fee is not refundable.
the vehicle you list for sale is in your possession;
the vehicle you list for sale is physically located in the area indicated in the ad;
you have the right to transfer the advertised vehicle's title to the purchaser;
you are willing to sell the advertised vehicle at the price and on any other terms specified in your listing;
upon selling or otherwise taking your vehicle off the market you will delete the listing for that vehicle or replace the vehicle description with another vehicle that is for sale within 72 hours;
you will not use your listing to advertise or promote anything (including, without limitation, any product, service or business) other than what is described by the menu item used to submit the listing;
all content and information that you provide to NBCars is truthful, accurate and complete;
you have the full right, title and interest in and to all content, photos and other material that you provide to, or post on, NBCars;
photos provided for the listing become the property of NBCars and may be resized or modified as deemed appropriate;
NBCars 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, RECEIVE ONLY LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE.
NBCars reserves the right to, but is under no obligation to and does not assume any obligation to, review listings before or after they are posted to the site to confirm information relating to the advertiser and the advertised vehicle and to investigate complaints and suspicious activity. If NBCars determines, in its sole and exclusive discretion that you are engaging in any unfair, deceptive, false, misleading or fraudulent practices, NBCars reserves the right to reject or remove your listing from the site without notice and without liability.
You agree to indemnify and hold NBCars and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
MODIFICATIONS TO SERVICE
NBCars reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NBCars shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
DISCLAIMER OF WARRANTIES
General Disclaimer and Limitation of Liability: While NBCars uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. NBCars does not represent or warrant that use of any Content will not infringe rights of third parties. NBCars has no responsibility for actions of third parties or for content provided or posted by others.
USE OF NBCars IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER NBCars, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING NBCars, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH NBCars, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF NBCars OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES NBCars WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. NBCars AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
IN NO EVENT SHALL NBCars OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NBCars OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, NBCars AND EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF NBCars; (2) NBCars'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) ANY VIOLATION OF THIS AGREEMENT BY YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
NBCars may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
Entire Agreement. The TOS constitutes the entire agreement between you and NBCars and governs your use of the Service, superseding any prior agreements between you and NBCars with respect to the Service.
Choice of Law and Forum. The TOS and the relationship between you and NBCars shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and NBCars agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bexar, Texas.
Waiver and Severability of Terms. The failure of NBCars to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.