Terms of Use
Last modified: October 21, 2022
Welcome to VIN Hammer! The following are the terms of use (“Terms” or “Terms of Use”) that govern your access to use of all U.S. websites and other digital services (each a “Digital Service”) operated by VIN Hammer, LLC or one of its affiliates (“we”, “us”, “our” or “VIN Hammer”).
Our Privacy Policy and any other policies, and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital Services are also incorporated into this Terms of Use.
BY ACCESSING OR USING THE DIGITAL SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USE THE DIGITAL SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT, WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THE TERMS ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU. (Read more in Section 24, “Dispute Resolution”).
In the Highlights section, we provide an overview of the terms and conditions that apply to your access to or use of any of the Digital Services, as described in the Terms of Use. The Highlights are not intended as a separate terms and condition, but only as a summary of those terms and conditions. Capitalized terms used in the Highlights section is defined in the Terms of Use.
The Digital Services include providing vehicle listings and information services through one or more platforms. VIN HAMMER IS NOT AN AUTOMOBILE BROKER, DEALER OR TRADITIONAL AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED ON THE DIGITAL SERVICES. VIN HAMMER HAS NEVER: (1) HELD TITLE FOR ANY VEHICLE LISTED ON THE DIGITAL SERVICES, (2) INSPECTED ANY VEHICLE LISTED ON THE DIGITAL SERVICES OR (3) HAD ANY VEHICLE LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.
Please review the full Terms of Use below for a detailed explanation of applicable terms and conditions. Any reference to the Terms of Use, including its sections, in the Highlights section is intended to refer to the full Terms of Use below. In the event of any conflict between the Highlights and the Terms of Use below, the Terms of Use shall control.
Highlights
Application and Acceptance of the Terms of Use
- Each time you access or use the Digital Services, you agree to be bound by the Terms of Use (including the binding arbitration provision located in the section entitled “Dispute Resolution, which includes our Privacy Policy and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital Services that are owned or operated by us.
- You acknowledge that we will use information we obtain about you in connection with your access to and use of the Digital Services in accordance with our Privacy Policy.
- We may provide services that are not described in these Terms of Use, or customized services; unless we have entered into a separate, signed agreement that expressly supersedes these Terms of Use, these Terms of Use will apply to those services as well.
- You acknowledge and agree that the Terms are solely a contract between you and VIN Hammer, and the Terms do not expressly govern any sale, transaction, or other relationship between you and any other User, any third party or between any other Buyers and Sellers.
Your Responsibilities
- You are responsible for maintaining the accuracy of any information you submit to us in relation to your access to and use of the Digital Services.
- You are solely responsible for any information (including any information used in any listing) you provide to us.
- You are responsible for your conduct in relation to the Digital Services, and your access to or use of the Digital Services and Content (as such term is defined in the full Terms of Use) is subject to the rules described in the section entitled “Your Conduct and Responsible Use of the Digital Services” of the Terms of Use below, as well as any additional terms and conditions that may be provided by us as part of the Terms and applicable to you.
Intellectual and Other Proprietary Rights
- As between VIN Hammer and you, VIN Hammer owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Digital Services and Content except, if applicable, with respect to your User Content.
- You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Digital Services (including any code used in any software) or Content, whether or not for profit.
- If we become aware that any of our Users has infringed the proprietary rights of any third party, we may in our complete discretion terminate that User’s access to the Digital Services. We reserve the right (but have no obligation) to review any information you provide, investigate, and/or take appropriate action against you or any other User in our sole discretion.
Release, Indemnity, Disclaimers and Limitation of Liability
- You release VIN Hammer (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) from all damages, losses, liabilities, costs or expenses, arising out of any dispute between you and any other User or third party relating to your use of the Digital Services.
- You agree to indemnify and hold VIN Hammer (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense, including, without limitation, costs and reasonable attorneys’ and accounting fees, from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any User or third party (each a “Claim”) relating to or arising out of (a) your use of the Digital Services or Content, (b) your User Content, (c) your violation of the Terms of Use; (d) your violation of applicable laws or regulations or (e) the actions or inactions of any third party to whom you grant permission to use your user account to access the Digital Services (including the sharing of your Credentials).
- VIN Hammer disclaims any warranties and provides the Digital Services “as is” and on an “as available” basis.
- Our liability is limited as described in the section entitled “Limitation of Liability”.
Third Parties
- VIN Hammer is not responsible for any links to third-party websites, apps or other services, including social media platforms.
- We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Digital Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.
Termination
- VIN Hammer may, in its sole discretion, terminate your password, account (or any other part of your Credentials), access to or use of the Digital Services, or remove and discard any User Content or information stored, sent, or received via the Digital Services without prior notice and for any reason or no reason.
Changes to the Terms of Use
- We may revise the Terms of Use prospectively by posting an updated version on the Digital Services without any notification to the User.
- Your continued use of the Digital Services following any modifications to the Terms of Use will be deemed an irrevocable acceptance of any modifications.
Governing Law and Severability
- The Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of Tennessee, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
Copyright Policy
- If you believe your copyright has been infringed, you may provide us with notice in accordance with the process described in the corresponding section of the Terms of Use below.
Terms of Use
1. Application and Acceptance of the Terms
These Terms of Use (including the binding arbitration provision set out below along with our Privacy Policy and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital Services (which are each incorporated into this Terms of Use) that are owned or operated by VIN Hammer, are a contract in electronic form between you (“you,” “your,” and “yourself”) and VIN Hammer. The Terms applies to the extent you use the Digital Services to (a) act as a “Buyer” submitting bids expressing an intent to purchase vehicles or other products and services listed by Sellers on the Digital Services, (b) act as a “Seller” submitting information in connection with the listing of a vehicle or other product or service on a Digital Service by VIN Hammer on your behalf, or (c) as a visitor, registrant or user in any other capacity permitted by the Terms (together with “Buyers” and “Sellers”, collectively, “Users”). This Agreement sets forth the legally binding terms governing your access and use of the Digital Services. The Terms apply to VIN Hammer and our affiliates only and does not cover other companies, including third parties that may advertise or sponsor content, products or services on the Digital Services or any third-party platforms (such as social media platforms or app or online stores) or other channels that you may use to access the Digital Services or any Content (as defined below).
The Digital Services and Content are for general information, discussion and entertainment purposes only. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with the Digital Services. We make no representations or guarantees about any aspect of the Digital Services and Content and do not endorse any opinions expressed by any Users.
2. Our Role
The Digital Services include providing vehicle listings and information services through one or more platforms. We are not the creator or owner of the items posted on the Digital Services by Sellers for Buyers to bid on. Rather, we provide the Digital Services, which enables Users to access certain features and functionalities, including posting vehicles and/or other products and services, and bidding on such products and services. Sellers are responsible for ensuring that any of their User Content (as defined below in Section 8) meets all applicable local, state, national and other laws, rules and regulations, and that any goods (including vehicles) and services promoted, offered or otherwise described on the Digital Services are described in listings, and/or delivered as described, in an accurate satisfactory manner. VIN Hammer receives a commission from the Buyer and a fixed fee from the Seller from their use of the Digital Services, as discussed in Section 13 entitled “Fees, Purchases and Referrals”.
As part of the Digital Services, VIN Hammer may assist Sellers in the creation of their listings (including the content of such listing), but it remains each Seller’s sole responsibility to make sure that its listings are accurate and that Seller has the legal authority to do so.
VIN HAMMER IS NOT AN AUTOMOBILE BROKER, DEALER OR TRADITIONAL AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED ON THE DIGITAL SERVICES. VIN HAMMER HAS NEVER AND DOES NOT: (I) HOLD TITLE FOR ANY VEHICLE LISTED ON THE DIGITAL SERVICES, (2) INSPECT ANY VEHICLE LISTED ON THE DIGITAL SERVICES, OR (3) HAVE ANY VEHICLES LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.
3. Privacy Policy
In connection with your access to or use of the Digital Services, we may obtain information from you directly or about you through the Digital Services. We will use your information in accordance with our Privacy Policy, which is available here (Privacy Policy). The Privacy Policy describes our privacy practices, which includes how we collection information, to whom we disclose your information, as well as any choices you may have with respect to the collection and processing of some of your information. Please review our Privacy Policy. The Privacy Policy is incorporated into the Terms and forms part of the Terms. By using our Digital Services, you agree that we can use your information in accordance with our Privacy Policy.
4. Accuracy of Your Information & Communication Methods
The information you submit to us through the Digital Services, including as part of your account creation, registration or membership, or for any listings, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate, legal, or current, we have the right to terminate, suspend, or refuse you access to and use of the Digital Services.
We may send you information relating to your use of the Digital Services (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
5. Age Eligibility and Legal Capacity
The Digital Services are not intended for access or use by children, especially those under the age of 18. If you are under the age of 18, you may not access or use the Digital Services or provide information to us.
By accessing or using the Digital Services, you represent that you have the legal capacity to agree to the Terms and to fulfill your obligations set out in the Terms. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), your parent or guardian must review the Terms and agree to them before you access or use the Digital Services. If your parent or guardian does not agree with the Terms as applied to you, then you are not authorized to access or use the Digital Services.
6. Your Account; Username, Password and Other Credentials
You may set up an account to access or use the Digital Services. You are responsible for maintaining the confidentiality of your username, password and other credentials (your “Credentials”) that you may be asked to create to access the Digital Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify VIN Hammer of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in the Terms.
VIN Hammer may in its sole discretion maintain different types of accounts for different types of Users. If you open an account to use or access the Digital Services on behalf of a company, organization or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Terms and that you agree to the Terms on the entity’s behalf.
7. Intellectual and Other Proprietary Rights
The rights granted to you in the Terms are subject to the following restrictions:
- The Digital Services include Content that is derived in whole or in part from content or materials supplied and owned by VIN Hammer, VIN Hammer’s licensors, or third parties. As between VIN Hammer and you, VIN Hammer owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Digital Services and Content except, if applicable, with respect to your User Content (as defined below in Section 8).
- You acknowledge VIN Hammer’s valid intellectual and proprietary property rights in the Digital Services and Content and that your use of the Digital Services is limited to accessing, viewing and downloading of the Digital Services and Content, as authorized by VIN Hammer. Nothing in this Agreement shall be deemed to convey to you any right, title or interest into such intellectual and proprietary property rights or to the Digital Services or Content, or to any portion thereof, except for the limited rights expressly granted herein.
- You may not either directly or through the use of any computer, tablet, phone or other device (each a “Device”) or through other means (including, but not limited to, the use of a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Digital Services or Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Digital Services or Content. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Digital Services (including any code used in any software) or Content.
- You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Digital Services or Content unless expressly permitted by VIN Hammer in writing. You may not incorporate the Digital Services or Content into, or stream or retransmit the Digital Services or Content via, any hardware or software application or make the Digital Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Digital Services or Content with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Digital Services, Content or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Digital Services or its servers and infrastructures.
- You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Digital Services (including any code used in any software) or Content, whether or not for profit.
- To the extent we make the Digital Services or Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content.
- You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to view the Digital Services or Content without: (i) displaying visibly both Content and all surrounding elements and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.
Any future release, update, or other addition to functionality of the Digital Services or Content shall be subject to the Terms. All copyright and other proprietary notices on any Digital Services content or materials must be retained on all copies thereof. Modification or use of the Digital Services (including any content or materials published thereon) for any purpose not permitted by the Terms is prohibited and may be a violation of the copyrights and/or trademarks protected by law and the Terms.
If you provide VIN Hammer, with or without our request, any feedback, ideas, proposals, plans, suggestions, or other materials, whether online, by email, postal mail, or otherwise (“Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you forward to us. We are and shall be under no obligation: (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or the Terms. You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Feedback will not contain libelous, or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Digital Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any Feedback provided or posted by you or any third-party.
8. User Content
“User Content” means any and all information and content that a User submits to, or uses with, the Digital Services (e.g., photos, audio, video, messages, text, files, or other content you provide us, including any listings that appear on the Digital Services (regardless of any role that VIN Hammer has in the listing)), except any Feedback. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by VIN Hammer. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will VIN Hammer be liable for any inaccuracy or defect in any User Content.
You hereby grant, and you represent and warrant that you have the right to grant, to VIN Hammer an irrevocable, assignable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users of the Digital Services are solely between you and such User. You agree that VIN Hammer will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User of the Digital Services, we are under no obligation to become involved. We are not a party to any vehicle sale contract between any Buyer and Seller that originates on or through the Digital Services and you are solely responsible for any of your interactions with other Users (including transacting for a Purchase involving a vehicle). Additionally, you acknowledge that other Users may post comments about your User Content which may be derogatory, and VIN Hammer has no obligation to monitor or delete any such User Content. VIN Hammer may remove or modify any User Content without notice or liability at any time in VIN Hammer’s sole discretion. We reserve the right, but have no obligation, to monitor disputes between you and other Users. VIN Hammer shall have no liability for your interactions with other Users, or for any User’s action or inaction.
9. User Submissions
(a) Unsolicited Submissions
You agree that we may use any and all information, Feedback, and/or User Content you provide us through emails, Q&As, blogs, forums, polls, or through any other User-generated submission (each an “Unsolicited Submission”), and we may use your Unsolicited Submission, which may include your name and any stories you provide us, in articles or other features published on the Digital Services or in our publications, advertising or sponsored content. Any Unsolicited Submission(s) you provide us that includes personal anecdotes that may be attributed to you, VIN Hammer can edit, rewrite, use, and reuse the Unsolicited Submissions, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Digital Services or our publications, advertising or sponsored content. We are and shall be under no obligation to pay compensation for any use or disclosure any Unsolicited Submission(s) or to respond to any Unsolicited Submission(s). You agree that your Unsolicited Submissions will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Unsolicited Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Digital Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Unsolicited Submissions. You are solely responsible for any Unsolicited Submissions you make and their accuracy. We take no responsibility and assume no liability for any Unsolicited Submissions provided or posted by you or any third-party.
(b) Invited Submissions
From time to time, the Digital Services may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the submissions and may affect your legal rights. If no such additional terms govern those submissions, then the Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to us through the Digital Services.
10. Enforcement
If we become aware of a User’s violation of the Terms, including the rights of any other User or third party, we have sole discretion to take certain remedial steps, including refusing access to the Digital Services to any person or entity and changing eligibility requirements at any time. If we become aware that any of our Users has infringed the proprietary rights of any third party, we may take steps to terminate that User’s access to the Digital Services. We reserve the right (but have no obligation) to review information we obtain from or about you and your use of the Digital Services, to investigate, and/or to take appropriate action against you in our sole discretion. Such acts may include removing or modifying your User Content, terminating your access to the Digital Services (including any User account, registration or membership), legal action and/or reporting you to law enforcement authorities. If VIN Hammer elects to modify User Content, VIN Hammer nonetheless assumes no responsibility for the User Content. VIN Hammer reserves the right to investigate suspected violations of the Terms, including without limitation, any violation arising from any information obtained about you (including Unsolicited Submissions or Invited Submissions), postings or emails you make on or send through the Digital Services (including any Feedback). VIN Hammer may seek to gather information from the User who is suspected of violating the Terms and from any other User. VIN Hammer may in its sole discretion suspend any Users whose conduct or postings are under investigation and may remove such material from its servers and the Digital Services as it deems appropriate and without notice. If VIN Hammer believes, in its sole discretion, that a violation of the Terms has occurred, it may edit or modify any Unsolicited Submission, Invited Submission, Feedback, User Content, posting or emails, remove the material permanently, cancel postings, warn Users, suspend Users’ access and accounts and passwords, terminate accounts, or take any other corrective action VIN Hammer deems appropriate. VIN Hammer may cooperate with law enforcement authorities or court order requesting or directing VIN Hammer to disclose the identity of anyone posting any emails or publishing or otherwise making available any materials that are believed to violate this Agreement (see our Privacy Policy for further information).
BY ACCEPTING THE TERMS, YOU WAIVE AND HOLD HARMLESS VIN HAMMER (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS AND ITS AND THEIR RESPECTIVE CO- BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VIN HAMMER (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS AND ITS AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VIN HAMMER OR LAW ENFORCEMENT AUTHORITIES.
11. Your Conduct and Responsible Use of the Digital Services
Please act responsibly when using the Digital Services. The following rules are a condition of your access to or use of the Digital Services and Content:
- No Criminal or Unlawful Conduct. You shall only use the Digital Services and Content (including any information contained therein) for lawful purposes, in accordance with the Terms, applicable laws and regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
- Your Materials Must be Lawful and Appropriate. You shall not store, upload, post, transmit or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy or otherwise inappropriate User Content or other material or information of any kind, including, without limitation, any images or other material of a sexual nature, harmful to minors in any way, or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You acknowledge and accept that storing, distributing or transmitting unlawful User Content, material or information could expose you to criminal and/or civil liability.
- Content Posted by You Must Belong to You. You shall not store, upload, post, transmit or otherwise distribute or facilitate the distribution of User Content, material or information that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights. If a third party claims that User Content, material or other information you have posted on or transmitted to or through the Digital Services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all User Content, material or information publicly posted or privately transmitted on or through the Digital Services are the sole responsibility of the sender, not VIN Hammer, and that you are responsible for all User Content, material or other information you upload, publicly post or otherwise transmit to or through the Digital Services. If we become aware that any User has infringed the proprietary rights of any third party, we may in our sole discretion take steps to terminate that User’s access to our Digital Services. If any third party provides you compensation or other value for your User Content, you are responsible for making any appropriate or required disclosures regarding such compensation or other value.
- No Collection of Personal Information from Others. You shall not, through manual or automated means, collect, harvest, gather, assemble, store, disclose, transfer, share, or use the personal information about other Users of the Digital Services (including their email addresses or other contact information) without their explicit consent. You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to send, create, or reply to so called mailbombs (i.e., emailing copies of a single message to many Users, or sending large or multiple files or messages to a single User with malicious intent) or engage in spamming (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Digital Services by any other User or third party, including placing malware on the Digital Services.
- No Bullying, Impersonation or Interference. You shall not use the Digital Services to threaten, abuse, harass, or invade the privacy of any other User or third party. You shall not impersonate any person or entity, including VIN Hammer, or falsely state or otherwise misrepresent your professional or other affiliation with VIN Hammer or with any other person or entity. You shall not restrict, inhibit or interfere with any other User or third party from using or enjoying the Digital Services.
- No System Abuse. You shall not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Digital Services, any other online services, or to obtain unauthorized access to the Digital Services or Content or any data or other information of any third party. You shall not interfere with, disrupt, or otherwise create any burden on servers or networks connected to the Digital Services.
- No Violations of Security Systems. You shall not use the Digital Services to compromise the security or tamper with, or gain unauthorized access to, the Digital Services, Content, online accounts or any other computer systems, resources or networks. You shall not use or distribute tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools). If you become involved in any violation of systems security, VIN Hammer reserves the right, in its sole discretion, to release your personal information to relevant third parties, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
- No Transmission of Fraudulent Funds. In the course of sending payments, whether to us or to Sellers, you shall not transmit what we believe to be in our sole discretion potentially fraudulent funds.
- No Violation of Payment Card Rules. You shall not use your User account or the Digital Services in a manner that we or any electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
- Cooperation. You agree to cooperate in any investigation or provide confirmation of your identity or any information you provide to us.
- No Circumvention. You shall not circumvent any decision by VIN Hammer regarding your User account, such as temporary or indefinite suspensions or other account holds, limitations or restrictions, such as by, without limitation, engaging in the following actions: attempting to open new or additional User account(s) when an account has been restricted, suspended or otherwise limited; opening new or additional User accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s User account.
We may require, at any time, proof that you are following the Terms. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of the Terms, including the following:
- Limit your User account and/or close or suspend your User account and/or access to the Digital Services (including limiting your ability to pay with any of the payment methods linked to your User account), immediately, without prior notice to you, and without penalty to us;
- Refuse to provide the Digital Services to you in the future;
- Update inaccurate information you provided us; or
- Take legal action against you.
If you have violated the Terms, then you are also responsible for damages (whatever form they may take) to VIN Hammer caused by your violation of the Terms. You are responsible for all claims, fees, fines, penalties and other liability incurred by VIN Hammer, any User account holder, or a third party caused by or arising out of your breach of the Terms, and/or your use of Digital Services.
If we close your User account or terminate your use of Digital Services for any reason, we will provide you with notice of our actions.
12. Availability of and Modification to the Digital Services and Content
We do not guarantee that any or all of the Digital Services or any Content will be made available through the Digital Services. We may change, modify, edit, suspend, discontinue or otherwise manipulate the Digital Services, Content or any part, feature or service of the Digital Services at any time with or without notice to you. You agree that VIN Hammer will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Digital Services, Content or any part thereof.
13. Fees, Purchases and Referrals
(a) Payment of Fees.
You agree to pay any applicable fees and taxes or similar charges in connection with your use of the Digital Servicers, including, but not limited to, any initial deposit made as a Buyer in connection with a bid, certain Buyer’s fees, and Seller listing fees set forth in our Digital Services in connection with bids or listings, or for any purchases you make of any products, features and/or services listed on the Digital Services (“Purchases”). Certain products, fee-based services or features that you purchase, access, or download via the Digital Services may be subject to additional terms and conditions presented to you at the time of purchase, access, or download.
For the avoidance of doubt, a “Purchase” does not include the vehicle transaction between Buyer and Seller. Vin Hammer is not involved in the formal agreement or transaction between Buyer and Seller transferring ownership of the vehicle. VIN Hammer is not, and will never be, a party to such agreement or transaction.
All payments made by you to VIN Hammer shall be facilitated through Stripe, Inc., VIN Hammer’s third-party payment processing service. Stripe’s terms of service can be found at https://stripe.com/us/terms. All information that you provide in connection with a Purchase must be accurate, complete, and current. You agree to pay all charges incurred by any users of your credit card, debit card, or other payment method, whether authorized by you or not, used in connection with a Purchase on the Digital Services at the prices in effect when such charges are incurred. You also agree to pay any applicable taxes, if any, relating to any Purchase. Prices listed for vehicles or any other products or services listed by Sellers on the Digital Services are set by the Sellers and VIN Hammer is not responsible for setting or negotiating any prices or related fees. Listed prices set by the Sellers on the Digital Services may exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law. A Seller may add any or all of the foregoing or any other taxes and fees to the listed price when calculating the final sale price to charge a Buyer.
All amounts listed on the Digital Services are in U.S. dollars ($).
(b) No Refunds.
All Purchases are non-refundable. In the event of any issue or claim involving the vehicle transaction between Buyer and Seller, VIN Hammer will not provide Seller or Buyer any refund or credit of the associated Purchase related to such transaction.
(c) Bidding and Auction.
In order to use the Digital Services to list a vehicle or other product, a Seller is required to indicate whether there is a minimum price at which the Seller is willing to consider a sale to a Buyer (the “Reserve”) or whether no such minimum bid is required (“No Reserve”). A Seller may reduce or waive a Reserve during the auction by notifying VIN Hammer of such change via email or, if available, VIN Hammer’s web-based notification tools made available to Seller. VIN Hammer will only approve a listing for publication on the Digital Services once a Seller has either selected a Reserve or selected “No Reserve” for the applicable listing.
(ii) Seller Acknowledgment.
If you or any other User submits a vehicle or other product or service to sell on the Digital Services, and we accept such vehicle, product or service, then you, or such other User, are considered a “Seller” on the Digital Services. We can refuse any vehicle, product, or service within our sole discretion. You are responsible in all respects for the User Content and any other information related to any vehicle, product or service you decide to sell. You are also fully responsible in all respects for consummating the transaction with the applicable Buyer in accordance with the Terms.
IN THE EVENT A USER ACCESSES OR USES THE DIGITAL SERVICES TO SELL A VEHICLE OR OTHER PRODUCT OR SERVICE AS A “SELLER,” SUCH USER HEREBY ACKNOWLEDGES AND AGREES THAT FOLLOWING PUBLICATION AND FOR THE PERIOD THAT SUCH SELLER’S LISTING IS MADE AVAILABLE ON OR THROUGH THE DIGITAL SERVICES, SUCH SELLER MAY NOT LIST, POST OR OTHERWISE MAKE AVAILABLE THE APPLICABLE VEHICLE OR OTHER PRODUCT OR SERVICE ON ANY OTHER AUCTION, DEALERSHIP, OR LISTING SERVICE. FURTHERMORE, EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT AT ANY TIME FOLLOWING PUBLICATION, SELLER’S LISTING MAY BE REMOVED BY VIN HAMMER (IN OUR SOLE DISCRETION).
In certain circumstances, following the close date of an auction, if no bid has met the Seller’s Reserve, VIN Hammer may (in its sole discretion) offer to pay Seller a separate amount to make up the difference between the Reserve and the highest bid (the “Make Whole Amount”); provided, that if VIN Hammer provides such Make Whole Amount to Seller in connection with the foregoing, Seller hereby agrees to return to VIN Hammer the Make Whole Amount if, within thirty (30) days following receipt of such payment, such Seller’s vehicle is not sold to such highest bidder. SELLER ACKNOWLEDGES AND AGREES THAT THE OFFERING OR PROVISION OF SUCH MAKE WHOLE AMOUNT BY VIN HAMMER TO SELLER IS AN INDEPENDENT TRANSACTION AND DOES NOT IN ANY WAY MAKE VIN HAMMER A PARTY TO THE SALE OF THE SELLER’S APPLICABLE VEHICLE OR OTHER TRANSACTION BETWEEN THE SELLER AND THE BUYER.
(iii) Buyer Acknowledgment.
Each Buyer acknowledges and agrees that (i) the Purchases associated with each bid submitted via the Digital Services are binding and thus due and payable to VIN Hammer in accordance with the Terms, and (ii) Buyer is responsible for all applicable government fees and taxes for applicable vehicles listed via the Digital Services. If you, acting as a Buyer, decide to bid on a vehicle that has been listed by a Seller on the Digital Services, you acknowledge and agree that your bid constitutes the first non-binding step in expressing your interest to a Seller in the listed vehicle and does not in and of itself create a formal contract between you as the Buyer and such Seller. It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a formal contract. This contracting is outside of the scope of the Terms and the Digital Services, neither of which bind the parties to each other. Buyer’s responsibility for any shipping or delivery fees shall be set forth in the formal agreement between the applicable Seller and Buyer.
We do not inspect any vehicles or any other goods that a Seller lists on the Digital Services. You acknowledge and agree that VIN Hammer bears no risk associated with purchasing a vehicle from a Seller listed via the Digital Services.
14. Release
In exchange for the benefits of accessing or using the Digital Services and other considerations provided by VIN Hammer reflected in the Terms, if you have a dispute with one or more Users of the Digital Services (including merchants) or any other third parties, you hereby release VIN Hammer (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) from any and all claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes) that are in any way related to, or arise under, the such access or use of the Digital Services occurring prior to or on the date you agree to the Terms. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law 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. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
15. Indemnity
You agree to indemnify and hold harmless VIN Hammer (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expenses (including, without limitation, costs and reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation (each, a “Claim”) made by any User or third party due to or arising out of (a) your use of the Digital Services or Content, (b) information you provide or we obtain about you and your use of the Digital Services, (c) your violation of the Terms; (d) your violation of applicable laws or regulations, or (e) the actions or inactions of any third party, agent, subcontractor, or person or entity operating on your behalf, to whom you grant permission to use your User account to access the Digital Services (including the sharing of your Credentials) or Content. VIN Hammer reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims. You agree not to settle any matter without the prior written consent of VIN Hammer. VIN Hammer will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it using the contact information we have on file.
16. Disclaimers
THE DIGITAL SERVICES AND ALL CONTENT ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE DIGITAL SERVICES: (A) WILL MEET YOUR REQUIREMENTS OR SUBJECTIVE STANDARDS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, COMPLETE, LEGAL, SAFE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE.
VIN HAMMER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DIGITAL SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND VIN HAMMER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. VIN Hammer CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPLETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO. FAILURE BY A BUYER OR SELLER TO COMPLETE THEIR OBLIGATIONS TOWARD THE OTHER WILL NOT ABSOLVE YOU FROM PAYING THE APPLICABLE PURCHASES.
AS PART OF THE DIGITAL SERVICES, VIN HAMMER MAY ASSIST SELLERS IN THE CREATION OF THEIR LISTINGS (INCLUDING THE CONTENT OF SUCH LISTING) BUT IT REMAINS EACH SELLER’S RESPONSIBILITY TO MAKE SURE THAT ITS LISTINGS ARE ACCURATE. WHILE WE TRY TO MAKE SURE THAT ALL INFORMATION (INCLUDING PRICES) ABOUT A VEHICLE OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE DIGITAL SERVICES BY A SELLER ARE COMMUNICATED ACCURATELY, WE ARE NOT RESPONSIBLE FOR ERRORS (INCLUDING TYPOGRAPHICAL) THAT MAY APPEAR ON THE DIGITAL SERVICES (INCLUDING IN ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION OR CONDITION OF A PRODUCT OR SERVICE (INCLUDING, WITH RESPECT TO VEHICLES POSTED, THE MILEAGE) DUE TO AN ERROR (INCLUDING TYPOGRAPHICAL), VIN HAMMER IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION BUT WILL ATTEMPT TO CORRECT SUCH ERROR(S) PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR VEHICLES OR OTHER PRODUCTS AND SERVICES LISTED WITH INCORRECT OR MISLEADING INFORMATION.
DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. VIN HAMMER ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. VIN HAMMER 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 THE DIGITAL SERVICES OR ANY ONLINE SERVICES LINKED TO THE DIGITAL SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL VIN HAMMER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE DIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE DIGITAL SERVICES, OR CONDUCT OF ANY USERS OF THE DIGITAL SERVICES, WHETHER ONLINE OR OFFLINE. YOU USE THE DIGITAL SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR DIGITAL SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY OR MAY NOT BE AFFILIATED WITH VIN HAMMER OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. VIN HAMMER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
17. Limitation of Liability
IN NO EVENT SHALL VIN HAMMER (AND OUR AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND OUR AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE DIGITAL SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, VIN HAMMER IS NOT LIABLE, AND YOU AGREE NOT TO HOLD VIN HAMMER RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF, OR YOUR INABILITY TO USE OR ACCESS THE DIGITAL SERVICES; (2) DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE DIGITAL SERVICES; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE DIGITAL SERVICES; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE DIGITAL SERVICES; (5) ACTIONS, OR INACTIONS OF OTHER USERS; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR USER ACCOUNT; OR (7) YOUR NEED TO MODIFY THE INFORMATION YOU PROVIDE OR YOUR BEHAVIOR AS A RESULT OF CHANGES TO THE TERMS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE DIGITAL SERVICES OR THE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID VIN HAMMER IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT NEITHER OUR AFFILIATES, SERVICE PROVIDERS OR PARTNERS NOR THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS WILL HAVE ANY LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
18. Third Party Services and Ads
The Digital Services might contain links to third-party websites, apps or other services (e.g., social media platforms), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services & Ads are not under the control of VIN Hammer and VIN Hammer is not responsible for any Third-Party Services & Ads. VIN Hammer provides these Third-Party Services & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services & Ads. When you use Third-Party Services & Ads, you do so at your own risk. When you link to Third-Party Services & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy policies.
19. Third Party Affiliate Marketing
We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Digital Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.
20. Local Regulations
(a) VIN Hammer makes no representation that the Digital Services or Content are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Digital Services or Content from other non-US locations, you do so on your own initiative and at your own risk.
(b) You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
21. Term and Termination
The Terms of Use apply to you as soon as you access the Digital Services by any means and continue in effect until the Terms are terminated, as provided herein. As described below, some provisions in the Terms remain applicable even after termination.
VIN Hammer may, in its sole discretion, terminate your Credentials (including your password, account (or any part thereof)) or use of the Digital Services, or remove and discard any User Content or information (including Feedback, Unsolicited Submissions, and Invited Submissions) stored, sent, or received via the Digital Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Digital Services (including through the sharing of your Credentials), (ii) any unauthorized access or use of the Digital Services (including through the use of your Credentials), (iii) any violation of this Agreement, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Digital Services. You may terminate your User account for any reason or no reason. Termination, suspension, or cancellation of the Terms or your access rights to the Digital Services shall not affect any right or relief to which VIN Hammer may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to VIN Hammer and its licensors and all rights granted by you to VIN Hammer shall survive in perpetuity.
All obligations of VIN Hammer and you set out in these Terms shall survive termination, suspension, or cancellation of these Terms, including but not limited to, payment, indemnification, and release obligations.
22. Entire Agreement
The Terms constitutes the entire agreement between you and us regarding the use of the Digital Services. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
23. Changes to this Agreement
We may revise, prospectively, the Terms by posting an updated version on the Digital Services. You should visit this page or section regularly to review the current version of the Terms of Use. Your continued use of the Digital Services will be deemed as irrevocable acceptance of any revisions.
24. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
(a) ARBITRATION. EXCEPT FOR EITHER PARTY’S CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S PATENT, COPYRIGHT, TRADEMARK, OR TRADE SECRET, ANY AND ALL DISPUTES BETWEEN YOU AND VIN HAMMER ARISING UNDER OR RELATED IN ANY WAY TO THE TERMS MUST BE RESOLVED THROUGH BINDING ARBITRATION AS DESCRIBED IN THIS SECTION 24. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. IT INCLUDES, BUT IS NOT LIMITED TO, ALL CLAIMS AND DISPUTES RELATING TO YOUR USE OF ANY OF THE DIGITAL SERVICES.
(b) CLASS ACTION WAIVER. YOU AGREE THAT BY AGREEING TO THE TERMS, YOU AND VIN HAMMER ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND VIN HAMMER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE STRICTLY PROHIBITED.
(c) ARBITRATION RULES. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS TEN THOUSAND DOLLARS ($10,000) OR LESS, THE AAA, YOU AND VIN HAMMER MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS TEN THOUSAND DOLLARS ($10,000), THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN THE STATE OF TN. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT THIS AGREEMENT TO ARBITRATE IS HELD UNENFORCEABLE BY A COURT, THEN THE DISPUTES THAT WOULD OTHERWISE HAVE BEEN ARBITRATED SHALL BE EXCLUSIVELY BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN DAVIDSON COUNTY, NASHVILLE, TN. CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S PATENT, COPYRIGHT, TRADEMARK, OR TRADE SECRET SHALL BE EXCLUSIVELY BROUGHT IN THE STATE AND FEDERAL COURTS LOCATED IN DAVIDSON COUNTY, NASHVILLE, TN.
(d) LIMITATION ON TIME TO BRING CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE DIGITAL SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
25. No Waiver
No failure or delay by VIN Hammer in exercising any right, power or privilege under the Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under the Terms.
26. Governing Law
This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of Tennessee, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
27. Copyright Infringement Claims Policy
In accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”), 17 USC sec. 512, our Digital Services have designated an agent to receive notices of claims of copyright infringement: Copyright Agent, 300 West 57th Street, New York, New York, 10019, fax: 212-649-2035; [email protected]. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our Users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a User’s e-mail address in our records, or by written communication sent by first-class mail to a User’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature; Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We have a policy of terminating access to our Digital Services of any User who repeatedly infringes the proprietary rights of any third party.
28. Contact Us
If you have any questions about this Agreement, you may contact us by email at [email protected].