WELCOME TO THIS WEBSITE. MYDEALERONLINE AND THE OWNER OF THIS WEBSITE OFFER THIS SITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THIS SITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US AT INFO@MYDEALERONLINE.COM.
GENERAL USE RESTRICTIONS
MyDealerOnline or third parties granting rights to MyDealerOnline and its affiliates hold all rights, titles, and interests in and to the materials on this Site, which are the copyrighted work of MyDealerOnline and its affiliates. MyDealerOnline grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. Pictures and descriptions from this site cannot be reproduced on any other site. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to "frame" or "mirror" the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of MyDealerOnline.
THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
When using this Site, you have to be aware that links to third party sites and advertisements of products/services are only there for your convenience. The contents, warranties or any other representations in those ads are NOT those of MyDealerOnline. You acknowledge that MyDealerOnline and its affiliates are hereby RELEASED by you from any legal or financial responsibility that may stem from your use/purchase of anything from third party advertisers/sponsors. The service may be financially beneficial for MyDealerOnline in some instances.
The links or advertisements/pop ups are provided for your convenience only. You acknowledge that MyDealerOnline and its affiliates do not make ANY representations in those ads. Our site is simply a medium that provides a place for posting of such ads/links.
DISCLAIMER OF WARRANTIES
Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials/services on the Site. The products have not been independently verified or authenticated in whole or in part by MyDealerOnline. MyDealerOnline does not warrant the accuracy or timeliness of the descriptions/pictures of goods that are advertised by our affiliated sellers through services that are provided by MyDealerOnline, its affiliates or independent third parties. You hereby release MyDealerOnline from any liability for any errors or omissions in the descriptions/pictures, whether provided by MyDealerOnline or third parties.
THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. MYDEALERONLINE, ITS AFFILIATES AND OWNER OF THIS WEBSITE, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. MYDEALERONLINE AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF MYDEALERONLINE AND ITS AFFILIATES HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEMBER: MyDealerOnline is merely marketing and webhosting service that cannot guarantee, verify, warrantee information about the products or the products themselves, which are placed on the Site by third parties or affiliates of MyDealerOnline.
INACCURACIES OR ERRORS
The descriptions, pictures and other representations of products on this site may contain inaccuracies and/or errors. MyDealerOnline, its affiliates and owner of this website do not make any warranty or representation with respect to the accuracy or completeness of any such information.
You acknowledge that prices and availability of products, descriptions of which are provided on this site may change without notice to you at any time pursuant to the sole discretion of our affiliated sellers, owner of this site, MyDealerOnline and its affiliates.
Sellers utilizing MyDealerOnline shall have the right to refuse or cancel any bids placed for product listed on this website. Sellers associated with MyDealerOnline shall have the right to refuse or cancel any such bids whether or not the bid has been accepted and you provided the necessary deposit. If you have paid a required deposit to owner of this site and your bid has been refused or cancelled, your deposit will be refunded in a timely manner by the owner of the site.
Risk of Loss
Buyer takes full responsibility and assumes all risk of loss for all vehicles purchased from the time MyDealerOnline’s affiliated seller accepts Buyer’s bid. From and after acceptance of Buyer’s bid (for vehicles located at either one of seller facilities) Buyer acknowledges that that facility is acting as bailee of Buyer’s vehicle until such time as the vehicle is removed from those premises. Buyer agrees that under the terms of the bailment, 1) owner of this site, MyDealerOnline, affiliated seller, the seller facility itself shall not be responsible for damage to or loss of the vehicle or parts thereof due to operational procedures in place at all of those facilities, from acts of theft or vandalism, or acts of God; 2) Seller facility shall only be responsible for damage to or loss of the vehicle or parts thereof caused by the direct willful or grossly negligent act or omission of that facility; and 3) Owner of this site, MyDealerOnline, its affiliated seller or the seller facility shall not be responsible for any claim of damage made after the vehicle has left the seller premises. In the event owner of this site, MyDealerOnline, its affiliated seller, or the affiliated seller facility is responsible, damages shall be limited to the lesser of i) the amount of the diminution in value of the vehicle as reasonably estimated by the seller facility, or ii) the purchase price (in which case Buyer shall return the vehicle to the seller of the vehicle). Owner of this site or MyDealerOnline through its affiliated sellers may, in its sole discretion, resell the vehicle at a sale, and the difference between the original sale price and the resale price shall be conclusive as to the amount of diminution of value, if any.
Vehicle Condition and History Disclaimer
ALL VEHICLES ARE SOLD "AS-IS WHERE-IS"
All vehicles sold through this website and/or MyDealerOnline are sold "AS-IS WHERE-IS", WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
Owner of this site, MyDealerOnline and its affiliated sellers expressly disclaim the accuracy or completeness of any and all information provided to Buyers regarding vehicles, whether provided in written, verbal, or digital image form ("Vehicle Information"). Vehicle Information provided by the owner of this site, MyDealerOnline and its affiliated sellers is for convenience only. Buyers shall not rely on Vehicle Information in deciding whether or how much to bid on a vehicle offered for sale through this site or MyDealerOnline. Vehicle Information includes but is not limited to: year, make, model, condition, ACV, damage amount, damage type, drivability, accessories, mileage, odometer disclosures, vehicle identification number ("VIN"), title, repair history, title history, and total loss history.
The owner of this site, MyDealerOnline and its affiliated sellers expressly disclaim any and all representations, warranties, and guarantees regarding vehicles sold through MyDealerOnline’s website. The owner of this site, MyDealerOnline and its affiliated sellers do not guarantee that keys are available for any vehicle sold through MyDealerOnline and its affiliated sellers, regardless of whether keys are present in online vehicle images, or were present in the vehicle prior to the time of purchase. Certain jurisdictions permit vehicles to be sold with missing VIN plates, and as a result the owner of this site, MyDealerOnline and its affiliated sellers do not guarantee that vehicles are equipped with any or all VIN plates. The owner of this site, MyDealerOnline and its affiliated sellers do not guarantee that vehicles meet or can be modified to meet local emission and/or safety requirements. It is the sole responsibility of Buyer to ascertain, confirm, research, inspect, and/or investigate vehicles and any and all information regarding the type, condition, status, and history of vehicles prior to bidding on them.
Registration Laws Disclaimer.
The owner of this site, MyDealerOnline and its affiliated sellers do not guarantee that any vehicle sold can be legally registered in any state or country, and Buyer accepts all risks associated with variations in vehicle title and registration laws between states, provinces, and countries that may negatively impact the marketability of vehicles purchased through MyDealerOnline’s website. The owner of this site, MyDealerOnline and its affiliated sellers are not responsible for defects, errors, or omissions (i) related to motor vehicle department paperwork not processed by MyDealerOnline and its affiliated sellers, or (ii) made by DMV/MVD.
LOCAL LAWS; EXPORT/IMPORT CONTROL
MyDealerOnline and its affiliates controls and hosts this Site from its headquarters in Philadelphia, Pennsylvania of the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations, customs import procedures applicable to foreign title vehicles. Buyer is solely responsible for any and all fees associated with but not limited to customs inspection, import fees and proof of emissions compliance, which may be required.
TERMS OF USE REVISIONS
Owner of this site or MyDealerOnline may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.
APPLICABLE LAW AND CHOICE OF FORUM
Any actions related to these Terms will be governed by the law of the State of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Pennsylvania, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site. You, the customer, hereby agree that any and all litigation related to MyDealerOnline and/or its affiliates shall be litigated only in Commonwealth of Pennsylvania Courts under the laws of of the Commonwealth of Pennsylvania.
UNAUTHORIZED ACTIVITIES
Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold the owner of this site, MYDEALERONLINE AND ITS AFFILIATES, and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party if your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
Items offered through this site are offered by affiliated sellers.
OUR SERVICES ARE AVAILABLE ONLY TO, AND MAY ONLY BE USED BY INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, OUR SERVICES ARE NOT AVAILABLE TO CHILDREN (PERSONS UNDER THE AGE OF 18) OR TEMPORARILY OR INDEFINITELY SUSPENDED MYDEALERONLINE MEMBERS.
IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK AND THE REMAINING PROVISIONS SHALL BE ENFORCED. YOU AGREE THAT THIS AGREEMENT AND ALL INCORPORATED AGREEMENTS MAY BE AUTOMATICALLY ASSIGNED BY MYDEALERONLINE AND ITS AFFILIATES.
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