Terms of Service
License to Use our Services
Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use our Services for commercial purposes, your personal use and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms.
We (and where applicable, parties from whom we have obtained licenses) retain all right, title and interest in and to our Services, including all related intellectual property rights. Our Services are protected by applicable intellectual property laws, including United States copyright law and international treaties.
Entry to our Services
We will not provide you with equipment to access our Services. You will be responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).
We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be responsible to you or to any third party for any revision, deferral, or discontinuance of all or any portion of our Services.
Linking to our Services
If you operate a website and wish to link our services, you are permitted to link only to the home page at www.Carshen.com. Linking to any pages other than the home page of our Site, linking to any internal parts of our Services,
“Carshen,”, “Carshen.com,” the Carshen logo, and any other product or service name or slogan displayed on our Services are trademarks of Carshen Inc. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Carshen, Inc. or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Carshen” or any other name, trademark or product or service name of Carshen without our prior written permission. You acknowledge that the Content includes certain trademarks and service marks owned by Carshen.com, Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
The following is a partial list of the kinds of activities that are prohibited on or through the : 1.Site submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;2. Taking part in activities or submitting Material that could be harmful to minors, engaging in activity or submitting Material that harasses or advocates harassment of another person, 3. Taking part in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to Carshen.com Users or others, engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive,4. threatening, obscene, insulting or unfounded, submitting material that contains controlled or password-only access pages, 5. hidden pages or images, submitting material that displays pornographic or sexually explicit material of any kind, submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, 6.violating someone's privacy, providing or creating computer viruses, 7.taking part in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users, 8.taking part in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes, 9.using the Site's lead forms and/or toll-free numbers to advertise or promote products and services to Carshen.com advertisers, 10.using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission,11. using any device, software or routine to interfere or attempt to interfere with the proper working of the Site, decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; 12.taking any action that imposes an unreasonable or disproportionately large load on Carshen.com's hardware and software infrastructure
Restricted Areas of the Services
Certain parts of our Services, including account management features, may be password-restricted to registered users or other authorized persons (“Password-Protected Areas”). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Services that is known to you.
Our Service Carshen.com is an information service that brings together buyers and dealers. Carshen is not an auto dealer or broker and does not sell, exchange, buy, or offer for sale, negotiate or attempt to negotiate, a sale or exchange of an interest in any vehicle. While Carshen assist buyers in obtaining information concerning vehicle prices and provides you with information about the vehicle purchasing process, Carshen does not persuade or attempts to persuade anyone to buy or take part in the exchange of interest in a vehicle. The decision to buy or sell, and the price and other terms of any sale negotiated directly between the buyer and the dealer. The prices listed by dealers on Carshen often may 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. Information about a particular vehicle is supplied by the dealer, not by Carshen. Though we hope that all who come to Carshen.com will act admirably and treat each other fairly, we can't verify the information dealers supply or guarantee the vehicles they offer.
By submitting ads, content, photos, data or other materials to the Site, you hereby grant to Carshen.com and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sub licensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to Carshen.com and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the material. Carshen is not responsible for incorrect information given in the form of photos, including but not limited to that which is provided by dealers and other third parties. Typographical Errors: While we try to make sure that all prices posted on the Site and communicated accurately, we cannot be responsible for the typographical and other errors that may appear on the Site. If there is incorrect information given about vehicle price, product, or service due to typographical error, Carshen is not responsible for such errors or their correction; but will attempt to correct such errors promptly. We reserve the right to refuse or cancel any orders for products or services listed at an incorrect price. Note: The Site may contain images of vehicles. These images do not represent the actual vehicle being sought after by a user or as to which a dealer is providing price information. The images you see on the website are samples only they are not the actual car you will purchase and may not reflect upon the exact vehicle that you specified
Site Access Outages and/or Browser Incompatibility
Our site may become inaccessible or may not operate properly with user web browsers and operating system. Carshen will not be held responsible for any alleged or actual damages arising from Content, Materials, operation, or use of this site.
Third Party Linking
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.
Carshen.com may present, or include links to, third party products, services, and web sites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Services, or which is accessible through or may be located using our Services (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content
Given the nature of the Site and the volume of messages and postings, Carshen.com cannot and does not monitor all of the materials that is posted or transmitted by you and other third-party information providers. Carshen.com reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any materials without notice, at any time for any reason. By using the site, you expressly agree that Carshen.com 1. will not be liable to any claims, actions or judgments arising out of or related to any Materials and 2. may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.
Carshen is not an automobile broker and does not negotiate or attempt to negotiate, a sale or exchange of an interest in any vehicle. Carshen does not persuade or attempt to persuade any person to buy or exchange an interest in a vehicle. In addition, Carshen does not screen buyers and cannot assure a dealer that a buyer intends to purchase a car, that the buyer has the financial capability to consummate the purchase of a car, or that the buyer has fully or fairly represented any or all of their financial or trade-in information. When using this Site to connect with and submit an offer to a potential buyer, dealers are expected to use the same procedures and implement the same protections it would use in selling a car through any other medium.
When a dealer provides a quotation for an automobile in response to a request from Carshen, the dealer must be prepared to sell that vehicle at the price at which, and the terms on which, the dealer has offered it. The dealer must have possession of the actual vehicle listed and the ability to transfer title. To provide a quotation for a vehicle on Carshen, dealers are required to provide certain identifying and contact information. The information must accurately identify the dealer and the method of contact must permit buyers to communicate directly with the dealer once the buyer has accepted the offer.
Responsibility for the information contained in each offer lies with each dealer. The dealer alone is responsible for material it provides and posts and for the content of all messages it transmits through Carshen. Carshen is aware that inaccurate statements and misleading representations regarding a vehicle will undermine a user's confidence in a dealer and erode user confidence in Carshen; consequently, Carshen requires that the information dealers supply is accurate and that, in all respects, that dealers treat Carshen users fairly and honorably.
Carshen reserves the right to perform random quality assurance tests to confirm that those who offer vehicles for sale over Carshen are prepared to sell the vehicles they advertise at the prices at which, and the terms on which, they advertise them. By using our service, each dealer agrees to cooperate in these random quality assurance tests. If our tests reveal, or Carshen otherwise learns, that a dealer is engaging in false or inaccurate advertising, "bait and switch" or other unfair or deceptive practices, Carshen reserves the right to deny that dealer use of the service
Carshen will provide you with a device to present feedback and ideas, if you choose. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a worldwide, fully transferable, sub licensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
Modification/Termination of Usage
Carshen.com reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Carshen.com shall not be liable to you or any third-party for any termination of your access to this Site.
Disclaimer of Warranties
UNLESS A PROVIDER HAS AGREED OTHERWISE, ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS., AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARSHEN.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. CARSHEN.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. CARSHEN.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
CARSHEN.COM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (1) REGARDING THE ACCEPTANCE OF ANY REQUEST, (2) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (3) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (4) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CARSHEN.COM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Further, to the extent permitted by law, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Covered Parties’ control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider’s breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider’s failure to comply with this Agreement nor for any Provider’s failure to comply with applicable federal, state, provincial and local law.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by Carshen.com for making a Request. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of Connecticut law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Cars.com may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Site includes links to other websites not established or supervised by Cars.com or any Affiliate. Cars.com and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Cook County, Illinois, within one 1 year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Cook County, Illinois, and waive any objection based on forum non convenience. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Cars.com to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.
Enforcement of these Terms will be governed by the laws of the State of California, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services or Service Content will lie in the state and federal courts located in San Mateo County, within the State of California, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or features of the Site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Site. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms as to that breach or any other.
These Terms constitute the entire agreement between you and us regarding the Site and supersedes any prior or contemporaneous agreement regarding that subject matter
If you have any questions or concerns about our Services or these Terms, you may contact us at: Carshen Inc. 650D vaqueros ave. sunnyvale, ca, 94085 or by email at support@Carshen.com