This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the carview web site Service which is identified by the uniform resource locator http://www.tradecarview.com/ (the "Site"). This Agreement is entered into between you as the user of the Site (the "User") and Carview Corporation ("carview").
Section1 (Application of and Acceptance of Terms and Conditions)
- For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether such User has registered with carview as a registered user or whether such User is a paying customer for a specific service provided by carview. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority. By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site.
Section2 (Modification of this Agreement)
- carview reserves the right to change this agreement at any time by revising the terms and conditions herein. Users are responsible for regularly reviewing these terms and conditions. Continued use of the Site following any such changes shall constitute the users’ acceptance of such changes.
Section3 (Users Generally)
- Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site for the purpose of re-selling or re-distributing the Site Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with carview, or otherwise commercially exploiting the carview Content. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
- Some of the content displayed on this Site is provided or posted by third parties ("Third Party Content"). Neither carview nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of carview 's display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. carview is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, carview is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
- carview may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that carview has no control over such third party's web site and does not take liability, responsibility or monitor any third party website
- carview reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall carview be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
- Carview reserves the right to send information email and other service email after get the users' permission in Registration, and even after users' deregistration, information email will be sent if there is no user' s requirement of stoppage.
- The Registered User shall not use the communication means from the Site for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature. Further, the Registered User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
Section4 (Users who post information on carview)
- Each User hereby represents warrants and agrees to provide carview with true, accurate, current and complete information to be displayed on the Site and maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license to carview to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
- carview reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject carview to liability, violates this Agreement or is otherwise found inappropriate in carview 's opinion. carview reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, carview may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and carview shall not be liable for damages or results thereof and User agrees not to bring any action or claim against carview for such disclosure. In connection with any of the foregoing, carview may suspend or terminate the Account of any User as carview deems appropriate in its sole discretion. User agrees that carview shall have no liability to User, including no liability for consequential or any other damages, in the event carview takes any of the actions mentioned in this Section, and that User agrees to bear the risk that carview may take such actions.
Section5 (Transactions between Buyers and Sellers)
- Through the Site, carview provides an electronic web-based platform for exchanging information between buyers and sellers of products and services. carview does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, carview does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
- The Site is a vehicle listing and information service that brings together buyers and sellers of cars. Information about a particular vehicle is supplied by the seller, not by carview. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on the Site often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Though we hope that all who come to the Site will act honorably and treat each other fairly, we can't verify the information sellers’ supply or guarantee the vehicles they offer. Nor can we assure the sellers of a vehicle that the check they get from the buyers isn't going to bounce.
- Users are hereby made aware that there may be risks of dealing with people acting under false pretences. carview uses several techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult. Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site.
Section6 (Limitation of Liability)
- carview makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness of any information provided on or through the site. carview does not represent or warranty that the importation, distribution, offer, display, purchase, sale and services offered or displayed on the site does not violate any third party rights.
- Under no circumstances shall carview be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- carview shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever, whether in contract, negligence, tort, strict liability.
Section7 (General)
- carview and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- carview's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives carview's right to act with respect with subsequent or similar breaches. carview shall have the right to assign its obligations and duties in this Agreement to any person or entity.
- This Agreement shall be governed the laws of Japan without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of the Tokyo District Court as the court of first instance.