Last Modified – June 7, 2022
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.
We do not endorse any buyer, dealer, or seller on the Platform.
Use of the Platform 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 Platform. The Platform includes a vehicle listing and communication service that brings together vehicle buyers and sellers. The information on vehicles provided through the Platform 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 Platform 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 Platform or that originates from information found on the Platform. 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 PLATFORM-RELATED SERVICES, SPECIFICALLY INCLUDING ONEREQUEST’S CONCIERGE 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 PLATFORM. Unless otherwise specified, OneRequest does not hold or possess the title for any vehicle listed for sale on the Platform and OneRequest is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Platform. OneRequest does not guarantee any part of any transaction between a buyer and a seller or insure any vehicle listed for sale on the Platform. 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 Platform, please use common sense and good judgment.
The content on this Platform is regularly updated, but its content is not necessarily complete or up-to-date. Any of the material on the Platform 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 PLATFORM 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 Platform and Account Security
We reserve the right to withdraw, terminate, or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. You will not access or attempt to access password protected, secure or non-public areas of the Platform without our prior written permission. You are required to comply with all applicable privacy laws in connection with your use of the Platform.
We provide multiple OneRequest service options. Some service options are provided free-of-charge, and some service options require payment before they can be accessed (“Paid Services”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Platform.
You are required to create a OneRequest account to access the Platform. As part of creating your account, you will be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, 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 Platform 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.
Intellectual Property Rights
The Platform 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.
- 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 Platform for your own personal, non-commercial use or, if applicable, for use by your dealer or seller business and otherwise not for further reproduction, publication, or distribution.
- With respect to our application for download, you may download a single copy to your computer or mobile devices 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 Platform.
- 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 Platform.
The 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 Platform are the trademarks of their respective owners.
You acknowledge and agree that OneRequest may copy, use, and post on the Platform photos, videos, data, descriptions, and other content that you provide to OneRequest or that is posted on your website from time to time (the “Seller Content”). For good and valuable consideration, including any advertising, publicity, or sales you may receive from the use of the Seller Content, you irrevocably grant OneRequest a nonexclusive license to use, copy, publish, modify, distribute, display, and perform all Seller 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 Seller Content regarding vehicles. You agree that OneRequest will have the unlimited right to reproduce, use, publish, and distribute the Seller Content and to alter, modify or rearrange the Seller Content for use on our Platform, OneRequest social networking accounts such as Facebook, 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 Seller 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 Seller Content.
- 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 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 Platform, or which, as determined by us, may harm OneRequest or users of the Platform, or expose them to liability.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any device, software or routine that interferes with the proper working of the Platform.
- 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 Platform 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 Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
The Platform contains a communication platform that allows vehicle buyers and sellers to communicate with each other, both verbally and in writing. The Platform may also contain message boards, chat rooms, personal profiles, forums, bulletin boards, and other interactive features (collectively, “interactive forums”). The use of the communication functionality of the Platform, including any interactive forum, together with any other user messages, posts, submissions, questions, comments, displays, or transmissions to other users or other persons by or through the Platform are collectively referred to as “User Contributions”.
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.
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 Platform. 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 User Contributions and 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 the Platform (directly or indirectly), 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.
- 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 Platform.
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 Platform. 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.
The Platform may also contain plug-ins to interactive forums offered by third parties. 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.
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.
- 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 Platform.
- Collect or store personal data about other users.
Information About You and Your Visits to the Platform
All information we collect on this Platform is subject to our Privacy Notice. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with our Privacy Notice.
If you are using the Platform on behalf of, or if you are, a vehicle seller or dealer, you agree to (a) only obtain a vehicle shopper’s personal information if, and to the extent that, the shopper consents to such disclosure, (b) communicate with vehicle shoppers through the Platform about the vehicle requests without demanding personal information for basic or preliminary inquiries, such as price and vehicle availability, (c) not communicate or attempt to communicate with the vehicle shopper outside of the Platform until that person consents to disclosure of such person’s personal information, and (d) refrain from directly or indirectly persuading or encouraging the vehicle shopper to avoid using the Platform for future car searches.
All sales or other transactions a vehicle seller or dealer may enter into as a result of its use of the Platform shall be in the seller’s or dealer’s own name and for its own account. The seller or dealer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by seller or dealer hereunder (including state and local sales taxes) or with respect to any transaction entered into as a result of the seller’s or dealer’s use of the Platform.
You represent and warrant that (1) all payment method information you supply is true, correct, and complete, (2) you are duly authorized to use all such payment methods to buy the Paid Services, and (3) charges incurred by you will be honored by all of your chosen payment methods. If you do not pay on time or if OneRequest cannot charge a payment method for any reason, OneRequest reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees, in our pursuit of payment. If any fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your account with OneRequest. You agree that OneRequest may automatically charge your default payment method for unpaid fees that are due and payable.
All fees paid for a Paid Service are final and are not refundable under any circumstance. OneRequest may from time to time make price changes to the Paid Services, including fee amounts, fee types, the length of available Pre-Paid Periods, and the scope and types of Concierge Services. These changes will be reflected on the Plans and Pricing Page. You are responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by you hereunder or with respect to any Paid Service or any transaction you enter into in connection with a Paid Service. Tax rates are calculated based on the information you provide and the applicable rate at the time of your payment. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
If your Consumer Plan includes Concierge Services, the following terms and conditions also apply.
We will provide the Concierge Service(s) you select on the Plans and Pricing Page and, in some cases, as supplemented in consultation with our concierge service representatives. The Concierge Service(s) will cover a potential motor vehicle purchase transaction (whether such transaction is consummated or not, the “Transaction”) based upon the motor vehicle criteria you specify on the Platform and to our concierge service representatives (the “Request”). In all cases, the scope of Concierge Services will not include anything other than the following: (a) working with you to identify the motor vehicle that you desire to purchase, (b) conducting a motor vehicle search utilizing tools OneRequest deems appropriate, (c) presenting search results to you that OneRequest believes are most appropriate based upon the Request, (d) helping you identify and understand the terms and conditions of the Transaction, including, as applicable, purchase price, inspections, trade-in options, financing, leasing and transportation, and (e) facilitating the execution and completion of the Transaction. The foregoing is an exclusive list of the Concierge Services that OneRequest will perform for you.
Among other things, in providing a Concierge Service to you, OneRequest is not required to (a) present all available motor vehicles that meet, or could meet, the Request, (b) engage in an exhaustive nationwide search, (c) inspect any motor vehicle for you, (d) independently verify the accuracy or completeness of any statements made by a potential seller of a motor vehicle to you or potential buyer of your trade-in, or (e) conduct an independent investigation of any trade-in buyer’s financial condition. OneRequest will not and does not provide you legal, tax, financial or other professional services in connection with the Transaction. OneRequest may designate such employees or contractors that it determines, in its sole discretion, to be capable of performing the Concierge Services. OneRequest, and each of OneRequest’s employees and service providers, does not owe a fiduciary or other duty to you. You agree to respond promptly to any requests from OneRequest to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for OneRequest to perform the Concierge Services.
If you select the full-service Concierge option on the Plans and Pricing Page and you subsequently desire to modify the Request, we may require you to pay an additional upfront fee (in the amount shown on the Plans and Pricing Page). Similarly, if your Transaction has not been substantially completed within 90 days after you pay the upfront fee due to your acts or omissions, we reserve the right to require you to submit a new Request through the Platform and pay an additional upfront fee before OneRequest will continue to provide the full-service Concierge Services. “Substantial completion” means (1) you have agreed, at least in principle, on the material terms of the Transaction, (2) you have financing in place (including, without limitation, being in possession of a nonbinding commitment letter) or you have delivered a security deposit for the vehicle, and (3) the only remaining steps for the Transaction to reach completion are you taking possession of the vehicle you are acquiring or leasing, completing paperwork for such vehicle, and/or paying for such vehicle.
OneRequest will not disclose your personal information to any potential seller or other person involved in the Transaction (other than to OneRequest employees or consultants who receive such information in connection with performing any Concierge Services) without your prior consent. “Personal Information” means your personal information submitted as part of the Request, including name, address, phone number and email. OneRequest may, however, disclose generic geographic information about you to potential sellers (e.g., zip code or metropolitan statistical area). OneRequest’s Privacy Notice otherwise governs the processing of all personal data collected from you in connection with your purchase of Paid Services and use of the Platform. We reserve the right to modify the Privacy Notice at any time, without notice to you.
Linking to and from the Platform
The owner of the Platform is based in the State of Kansas in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform 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 PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM 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 Platform 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 PLATFORM, (B) THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, (C) THAT PLATFORM DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, (E) REGARDING ANY VEHICLES LISTED FOR SALE ON OUR PLATFORM, 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 PLATFORM 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 PLATFORM 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 PLATFORM 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 PLATFORM 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 PLATFORM; OR (v) ANY OTHER MATTER RELATING TO THE PLATFORM 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.
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 Platform. 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 Platform 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.
If any buyer or potential buyer of a vehicle listed for sale on the Platform makes any allegation against any OneRequest Released Party related to a dealer or a seller of a vehicle listed for sale on the Platform 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 Platform, 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
Dispute Resolution – Mandatory Arbitration and Class Action Waiver
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 Platform or the services provided on the Platform 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 PLATFORM IS BETWEEN THE BUYER AND SELLER ONLY.
Choice of Law and Forum; No Jury Trial
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.
Your Comments and Concerns
This Platform 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 Platform should be directed to: firstname.lastname@example.org.
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:
OneRequest Legal Department
6363 College Blvd., Suite 400
Overland Park, KS 66211
Phone: (913) 348-2430
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 Platform;
- 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.