OneRequest Terms of Use

Last Modified – October [__], 2021

THIS DOCUMENT AND THE OTHER DOCUMENTS REFERENCED IN THIS DOCUMENT CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

Acceptance of the Terms of Use

These terms of use are entered into by and between you and OneRequest, LLC (“OneRequest,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of onerequest.com and our mobile app located on Google Play and the Apple App Store (the “OneRequest App”), including any content, functionality and services offered on or through onerequest.com or our OneRequest App (collectively, the “Website” or our “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, which is incorporated by reference into these Terms of Use. If you do not want to agree to these Terms of Use or our Privacy Notice, you must not access or use the Website.

This agreement is between OneRequest, you the user, and, if you are using the Website on behalf of a company or organization, including any car dealership, (1) such company or organization will also be considered a party to this Agreement, (2) you represent and warrant to OneRequest that you have the authority to bind such company or organization to these terms, and (3) all references to “you” in these Terms of Use refer to you individually and to the company or organization on whose behalf you are using the Website. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS. This Website is offered and available to users who are 13 years of age or older, and who reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.

If you take advantage of our Concierge Services, you will also enter into our Supplemental Concierge Service Terms and Conditions.

If you are a dealer or seller taking advantage of our services, you will also enter into our Supplemental Provider Terms and Conditions.

The Supplemental Concierge Service Terms and Conditions and the Supplemental Provider Terms and Conditions are incorporated herein by reference.

We do not endorse any buyer, dealer, or seller on the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. At all times, you are bound by the then-current version of these Terms of Use and all applicable laws.

Use of the Website and OneRequest Services; Reliance on Information

OneRequest and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on our Website. The Website includes a vehicle listing and communication service that brings together vehicle buyers and sellers. The information on vehicles provided through the Website is supplied by the dealer or other third parties, and OneRequest is not responsible for the accuracy of any such information. As noted below, OneRequest provides these services and the Website and all information and materials without conditions, representations, or warranties of any kind, either expressed or implied. Unless otherwise agreed by OneRequest, OneRequest is not a party to any transaction between vehicle buyers and sellers that occurs through the Website or that originates from information found on the Website. Vehicle prices listed by vehicle sellers may not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing.

FOR ALL WEBSITE-RELATED SERVICES, ONEREQUEST IS NOT AN AUTOMOBILE BROKER OR DEALER 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 LISTED FOR SALE ON THE WEBSITE. Unless otherwise specified, OneRequest does not hold or possess the title for any vehicle listed for sale on the Website and OneRequest is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Website. OneRequest does not guarantee any part of any transaction between a buyer and a seller or insure any vehicle listed for sale on the Website.  OneRequest does not collect or process payment or transfer title on behalf of buyers or sellers, or warehouse, store, ship or deliver any vehicles. The price and other terms of any sale are arranged solely between the buyer and the seller.

Information about a particular vehicle is supplied by the seller or a third party, not by OneRequest, and the buyer is solely responsible for reading and verifying the information in the full vehicle listing before making a commitment to buy. OneRequest is not responsible for incorrect information given by buyers or sellers, including without limitation (i) information regarding vehicles, including but not limited to vehicle mileage, condition, history, or photos of vehicles, and (ii) information about the identity, reliability or suitability of a buyer or seller. We cannot verify any information or photos that sellers supply or guarantee the vehicles they offer. When using this Website, please use common sense and good judgment.

The content on this Website is regularly updated, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS WEBSITE IS SUPPLIED BY THIRD PARTIES. ONEREQUEST CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. VEHICLES MAY BE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE.

Accessing the Website and Account Security

We reserve the right to withdraw, terminate, or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You will not access or attempt to access password protected, secure or non-public areas of the Website without our prior written permission.  You will comply with all privacy laws. 

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

You must treat your username or display name, password, and any other piece of information you provide or receive as part of our security procedures as confidential, and you must not disclose any such information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. If your status as a user of the Website is terminated, you will (i) stop using the Website and any information obtained from the Website, and (ii) destroy all copies of your account information, password and any information obtained from the Website.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by OneRequest, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Except to the extent otherwise set forth in a written agreement between you and OneRequest, these Terms of Use permit you to use the Website for your personal, non-commercial use, and with respect to Providers for any activities described in the Supplemental Provider Terms and Conditions. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use or use by your dealer or seller business if you are a Provider and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by OneRequest. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

OneRequest name, the OneRequest logo, and all related names, logos, product and service names, designs and slogans are trademarks of OneRequest or its affiliates or licensors. You must not use such marks without the prior written permission of OneRequest. All other names, logos, product, and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Photos

You acknowledge and agree that OneRequest may copy, use and post on the Website photos, videos, data, descriptions and other content (the “Dealership Content”) that you provide to OneRequest or that is posted on your website from time to time. For good and valuable consideration, including any advertising, publicity or sales you may receive from the use of the Dealership Content, you irrevocably grant OneRequest a nonexclusive license to use, copy, publish, modify, distribute, display, and perform all Dealership Content, for OneRequest’s business purposes, without restriction, and without compensation to you or your company or organization.  You further agree that OneRequest can use an automatic device to scrape for Dealership Content regarding vehicles. You agree that OneRequest will have the unlimited right to reproduce, use, publish, and distribute the Dealership Content and to alter, modify or rearrange the Dealership Content for use on our Website, OneRequest social networking sites such as YouTube, Linked-In, Instagram and Twitter, and other marketing materials, presentations, flyers, newsletters, posters, brochures, advertisements, fundraising letters, annual reports, press kits, and other print and digital communication.  You hereby expressly waive any rights of attribution or integrity in the Dealership Content as provided for by 17 U.S.C. §106(a) and waive any right to approve the finished product or any copy which might be used in conjunction with the finished product, or the use to which it may be put.  You represent and warrant to OneRequest that you have all rights necessary to grant the above license including the right to use the name, image and likeness of any individuals that may be featured in the Dealership Content.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate OneRequest, a OneRequest employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm OneRequest or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Republish OneRequest content or other content from the Website on another website or use in-line or other linking to display such content without our permission
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website contains a communication platform that allows vehicle buyers and sellers to communicate with each other regarding vehicle sales. The Website may also contain message boards, chat rooms, personal profiles, forums, bulletin boards, and other interactive features (collectively “interactive forums”). The use of the communication platform, these other features any other user messages, posts, submissions, questions, comments, displays, or transmissions to other users or other persons are collectively referred to as “User Contributions”.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings. In addition, your posts may be viewed by other vehicle buyers or sellers during your communications regarding potential vehicle transactions. All User Contributions must comply with the Content Standards set out in these Terms of Use.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you post, and you, not OneRequest, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. You agree to indemnify and hold OneRequest, its affiliates, officers, and employees harmless from any claim, demand or expense (including attorneys’ fees) due to or arising out of your use of the interactive forum or any information or materials provided on such list service or interactive forum.

We are not liable for any harm caused by the transmission, via an interactive forum, of a computer virus, or other computer code or programming device affecting your software, hardware, data, or property. 

Monitoring and Enforcement; Termination

We have the right to:

  • Remove any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for OneRequest.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ONEREQUEST FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ONEREQUEST DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ONEREQUEST OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

You agree to abide by all applicable local, state, and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any User Contributions you create or upload.

We will not be liable for the collection, use, or disclosure of any personal information by, in, or through an interactive forum offered by a third party.  In such circumstances, you must refer to any terms of service and privacy statement of the third party offering the interactive forum.

Content Standards

These “Content Standards” apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Notice.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • Transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Interfere with or disrupt the Website.
  • Collect or store personal data about other users.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with our Privacy Notice.

Other Terms and Conditions

If you are a company or an organization, including any car dealership, utilizing the Website and its services to communicate with potential buyers about motor vehicle transactions, your access to and use of the Website is also subject to the Supplemental Provider Terms and Conditions, which are hereby incorporated into these Terms of Use.

If you purchase Concierge Services from OneRequest, your relationship with OneRequest is also governed by the Concierge Service Terms and Conditions, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to and from the Website

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent. Your website must also maintain and follow a privacy policy no less protective of user data than our Privacy Notice. You may not use any OneRequest logo or other proprietary graphic or trademark as part of the link without express written permission.  We may revoke this license at any time, with or without cause, in which case you agree to immediately remove the hyperlink.  You may not link to any page other than the home page of this Website.  Any link to our Website should be a full forward link that passes the client browser to our home page without barriers.  The “back” button should return the visitor to the original site if the visitor wishes to back out.

This Website contains links to other sites and resources provided by third parties, and these links are provided for your convenience only. This includes links contained in vehicle listings and advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators.  If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Furthermore, because our Privacy Notice is applicable only when you are on our Website, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

Geographic Restrictions

The owner of the Website is based in the State of Kansas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS., WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our WEBsite for any reconstruction of any lost data.

ONEREQUEST HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER ONEREQUEST NOR ANY PERSON ASSOCIATED WITH ONEREQUEST MAKES ANY WARRANTY OR REPRESENTATION (A) WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, (B) THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, (C) THAT WEBSITE DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, (E) REGARDING ANY VEHICLES LISTED FOR SALE ON OUR WEBSITE, INCLUDING THE EXISTENCE, OWNERSHIP OR CONDITION OF A VEHICLE AND THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE, (F) THAT ANY DEALER OR SELLER OF VEHICLES ON THE WEBSITE WILL BE ABLE TO SELL A VEHICLE, OBTAIN ACCEPTABLE PRICES FOR A VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS FOR A VEHICLE, OR OTHERWISE RECEIVE ANY INQUIRIES AT ALL REGARDING SUCH DEALER’S OR SELLER’S VEHICLES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONEREQUEST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES.  IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES FOR THE PRIOR TWELVE (12) MONTHS OR $100, WHICHEVER IS GREATER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Confidential Information

You agree that you will not disclose Confidential Information to any person or entity outside of your organization.  You will not use or permit the use of any Confidential Information except as necessary in connection with the services provided by or through the Website.  You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event will you use less than due diligence and care.  “Confidential Information” means all information or material which: (i) is obtained from password protected portions of the Website or (ii) which is (A) marked “Confidential,” “Restricted,” or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.

Indemnification

You agree to defend, indemnify and hold harmless  OneRequest, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively, “OneRequest Released Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

If any buyer or potential buyer of a vehicle listed for sale on the Website makes any allegation against any OneRequest Released Party related to a dealer or a seller of a vehicle listed for sale on the Website in any way, including, but not limited to, any existing or contemplated motor vehicle transaction arising out of that dealer’s or seller’s use of the Website, then that dealer or seller shall defend, indemnify and hold harmless the OneRequest Released Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees). 

Relationship of the Parties; No Third-Party Beneficiaries

The relationship between the parties is that of independent contractors. OneRequest is solely responsible for supervising, controlling, and directing the details and manner of the completion of the Services. Nothing contained in these Terms of Use creates any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties. Neither party has the authority to contract for or bind the other party. These Terms of Use benefit solely the parties to these Terms of Use and their respective permitted successors and assigns. Nothing in these Terms of Use, express or implied, confers on any other Person any legal or equitable right, benefit, or remedy.

Dispute Resolution – Mandatory Arbitration and Class Action Waiver

Binding Arbitration

You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Website or the services provided on the Website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Kansas law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, OneRequest retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, OneRequest retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.  You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph. ANY DISPUTE ABOUT A VEHICLE SOLD THROUGH THE WEBSITE IS BETWEEN THE BUYER AND SELLER ONLY.

Choice of Law and Forum; No Jury Trial

If for any reason a dispute proceeds in court: (a) you agree that any such dispute may only be instituted in a state court of competent jurisdiction located in Johnson County, Kansas or a federal court of competent jurisdiction located in Wyandotte County, Kansas; (b) you and OneRequest irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such disputes, stipulate to the fairness and convenience of such courts and covenant not to assert any objection to proceeding in such courts; (c) you and  OneRequest agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Kansas, without regard to principles of conflicts of law, will govern these Terms of Use and any disputes; and (d) you and OneRequest agree to waive any right to a trial by jury.

Injunctive Relief

Notwithstanding anything to the contrary in these Terms of Use, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the “Intellectual Property Rights” or “Trademarks” section of these Terms of Use.

Time Limitations

If either of us wants to assert a dispute against the other, the party with a dispute must institute arbitration within one (1) year from the date the dispute arose. Absent commencing the arbitration within one (1) year from the date the dispute arose, the dispute(s) will be forever barred.

Entire Agreement

The Terms of Use, our Privacy Notice, and, to the extent applicable, the Supplemental Provider Terms and Conditions or your Concierge Service Terms and Conditions constitute the sole and entire agreement between you and OneRequest, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Miscellaneous

These Terms of Use may not be assigned by you without the prior written consent of OneRequest. Any attempted assignment that does not comply with these Terms of Use will be null and void. OneRequest may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion. These Terms of Use inure to the benefit of and are binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives. If any provisions of these Terms of Use are held to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, any such provision(s) will be enforced to the maximum extent permissible so as to give effect to the intent of the parties and will not affect the validity or enforceability of any other provisions herein, and the remainder of these Terms of Use will continue in full force and effect. Any waiver of any provision herein, to be effective, must be in writing signed by an authorized officer of OneRequest, and will not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision. Any failure by OneRequest to assert a right or provision under these Terms of Use is not a waiver of such right or provision. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.

Your Comments and Concerns

This Website is operated by OneRequest, LLC, 6363 College Blvd., Suite 400, Overland Park, Kansas 66211. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@onerequest.com.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your copyright has been infringed, you may submit written claims of copyright infringement to our Copyright Agent at:

Copyright Agent
OneRequest Legal Department
6363 College Blvd., Suite 400
Overland Park, KS 66211
Phone: (913) 348-2430
e-mail: copyright@onerequest.com

Written claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that your claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We will, in appropriate circumstances, terminate repeat infringers.  If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact OneRequest and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

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