Summary

We (the folks at CarPath) run a car ad hosting service called CarPath.com and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features and dealer use. We would love to have your car ad on our site. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear in your ad. If you find a CarPath.com ad that you believe violates our terms of service, please visit our abuse reporting page.

Terms:

The following terms and conditions govern all use of the CarPath.com website (“Website”) and all content, services, and products available at or through the Website. The Website is owned and operated by Gizmovation, LLC. (“Gizmovation”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, CarPath’s Privacy Policy) and procedures that may be published from time to time on this Site by Gizmovation (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CarPath, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

1. Your CarPath.com Account.

If you create an ad on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You may not list or describe in your ads any vehicle that you are not authorized to sell. You must immediately notify CarPath of any unauthorized uses of your account or any other breaches of security. CarPath will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Ad Creators.

You are entirely responsible for the content of, and any harm resulting from, any ads you post on CarPath (any such material, “Content”). By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

By submitting Content to CarPath, you grant CarPath a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your ad. If you delete Content, CarPath will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, CarPath has the right (though not the obligation) to, in CarPath's sole discretion (i) refuse or remove any content that, in CarPath's reasonable opinion, violates any CarPath policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in CarPath's sole discretion. CarPath will have no obligation to provide a refund of any amounts previously paid. As a user of CarPath.com, you agree that you will only use any contact information provided to you by a potential buyer solely for communicating with them about the sale of your vehicle.

3. Responsibility of Website Visitors.

CarPath has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, CarPath does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CarPath disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. CarPath.com is not a party to any transaction between vehicle buyers and sellers that originates on or through this website.

4. Advertisements.

CarPath reserves the right to display advertisements along with your Content.

5. Attribution.

CarPath reserves the right to display attribution links such as "Created by CarPath.com" on your ad even when displayed on other sites, and you agree not to remove this attribution.

6. Changes.

CarPath reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. CarPath may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

7. Termination.

CarPath may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CarPath.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties.

The Website is provided “as is”. CarPath and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CarPath nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.

9. Limitation of Liability.

In no event will CarPath, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for 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 CarPath under this agreement during the twelve (12) month period prior to the cause of action. CarPath shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the CarPath Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

11. Indemnification.

You agree to indemnify and hold harmless CarPath, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

12. Miscellaneous.

This Agreement constitutes the entire agreement between CarPath and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CarPath, or by the posting by CarPath of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bexar County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled through arbitration. The arbitration shall take place in San Antonio, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CarPath may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Last Modified 11/1/2013.