San Diego Car Center is an online platform that allows users to buy, sell, and trade vehicles. By using the San Diego Car Center website or mobile application, you agree to be bound by these Terms of Use.
These Terms of Use are intended to provide a clear understanding of the rules and guidelines that govern your use of the San Diego Car Center platform. They outline the terms and conditions under which we provide our services, and the responsibilities and obligations of both San Diego Car Center and its users.
By accessing or using the San Diego Car Center platform, you acknowledge that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not use the San Diego Car Center platform.
These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
You must be at least 18 years old to use the San Diego Car Center platform.
To use certain features of the platform, you must register for an account.
By using the San Diego Car Center platform, you agree to receive electronic communications from us, including but not limited to emails, text messages, and push notifications.
San Diego Car Center: refers to the online platform and its affiliated companies, officers, directors, employees, agents, and contractors.
User: refers to any individual or entity that accesses or uses the San Diego Car Center platform.
Platform: refers to the San Diego Car Center website and mobile application.
These Terms of Use outline the rules and guidelines for using the San Diego Car Center platform.
By using the platform, you agree to be bound by these Terms of Use.
San Diego Car Center reserves the right to modify or update these Terms of Use at any time.
To use certain features of the San Diego Car Center platform, you must create an account. When creating an account, you agree to provide accurate, current, and complete information about yourself.
To register for an account, you must provide the following information:
A valid email address
A unique username and password
Your name and contact information
Other information as required by San Diego Car Center
To confirm your email address, we will send a verification email to the email address you provided during registration. You must click on the verification link in the email to activate your account.
Your password must be at least 8 characters long. You are responsible for maintaining the confidentiality and security of your password.
You are responsible for maintaining the confidentiality and security of your account, including your username and password. You agree to notify San Diego Car Center immediately if you suspect any unauthorized use of your account.
You acknowledge that your account is for your personal use only and that you are not authorized to create an account on behalf of another person or entity.
San Diego Car Center reserves the right to terminate your account at any time, without notice, if we determine that you have violated these Terms of Use or if we decide to discontinue your access to the platform.
We do not have any policies or procedures for account inactivity or transfer. If your account remains inactive for an extended period, it will not be terminated or suspended. Additionally, you cannot transfer your account to another person or entity.
Account: refers to the unique username and password combination that allows you to access and use the San Diego Car Center platform.
Registration Information: refers to the information you provide when creating an account, including your email address, username, password, and other contact information.
To use certain features of the San Diego Car Center platform, you must create an account.
You agree to provide accurate and complete information when registering for an account.
You must verify your email address by clicking on the verification link sent to you during registration.
You are responsible for maintaining the confidentiality and security of your account.
San Diego Car Center reserves the right to terminate your account at any time.
To list a vehicle for sale on the San Diego Car Center platform, you must provide accurate and complete information about the vehicle, including:
Make and model
Year
Mileage
Condition
Price
Other relevant details
You agree to follow our listing guidelines, which include:
Providing accurate and truthful information about the vehicle
Not listing vehicles that are not in your possession or that you are not authorized to sell
Not listing vehicles that are not in compliance with applicable laws and regulations
When selling a vehicle on the San Diego Car Center platform, you agree to:
Provide clear and accurate information about the vehicle
Respond promptly to inquiries from potential buyers
Complete the sale in a timely and professional manner
San Diego Car Center is not responsible for any warranties, liabilities, returns, or refunds related to vehicles purchased on the platform. All transactions are between the buyer and seller, and it's their responsibility to handle any issues that may arise.
San Diego Car Center may charge fees for listing and selling vehicles on the platform. You agree to pay these fees in accordance with our payment terms.
Listing: refers to the process of creating a listing for a vehicle on the San Diego Car Center platform.
Vehicle: refers to any vehicle listed for sale on the San Diego Car Center platform.
To list a vehicle for sale on the San Diego Car Center platform, you must provide accurate and complete information about the vehicle.
You agree to follow our listing guidelines and selling requirements.
San Diego Car Center is not responsible for any warranties, liabilities, returns, or refunds related to vehicles purchased on the platform.
To buy a vehicle on the San Diego Car Center platform, you must:
Be at least 18 years old
Have a valid email address
Have a valid payment method (if applicable)
You agree to follow our buying guidelines, which include:
Providing accurate and truthful information about yourself
Not attempting to purchase vehicles that are not available or that you are not authorized to buy
Not attempting to purchase vehicles that are not in compliance with applicable laws and regulations
When buying a vehicle on the San Diego Car Center platform, you agree to:
Pay the purchase price and any applicable fees in full
Complete the purchase in a timely and professional manner
Assume all risk and liability for the vehicle after purchase
San Diego Car Center is not responsible for any warranties, liabilities, returns, or refunds related to vehicles purchased on the platform. All transactions are between the buyer and seller, and it's their responsibility to handle any issues that may arise.
You are responsible for inspecting and verifying the condition of the vehicle before purchasing. San Diego Car Center does not guarantee the accuracy of any information provided by the seller.
Buyer: refers to the person or entity purchasing a vehicle on the San Diego Car Center platform.
Purchase: refers to the act of buying a vehicle on the San Diego Car Center platform.
To buy a vehicle on the San Diego Car Center platform, you must meet the buying requirements and follow the buying guidelines.
You agree to assume all risk and liability for the vehicle after purchase.
San Diego Car Center is not responsible for any warranties, liabilities, returns, or refunds related to vehicles purchased on the platform.
You agree to use the San Diego Car Center platform responsibly and in compliance with all applicable laws and regulations of the State of California and the City of San Diego. We provide recommendations to help you make informed decisions, but these recommendations are not guarantees or warranties of any kind.
You acknowledge that you are responsible for your own actions and decisions, and that San Diego Car Center is not liable for any consequences that may arise from your use of the platform. You assume all risk and liability for your use of the platform, and release San Diego Car Center from any potential liability.
You agree not to engage in any prohibited conduct on the platform, including:
Posting false or misleading information
Posting obscene or inflammatory content
Harassing or threatening other users
Engaging in any other conduct that is deemed prohibited by San Diego Car Center
You agree to comply with all applicable laws and regulations of the State of California and the City of San Diego when using the platform, including laws related to intellectual property, defamation, and obscenity.
If you believe that another user has violated these Terms of Use, you agree to report the violation to San Diego Car Center.
You agree to indemnify and hold harmless San Diego Car Center, its officers, directors, employees, and agents, from and against any claims, damages, losses, and expenses (including attorney's fees) arising from your use of the platform, including but not limited to any claims of infringement, defamation, or other harm caused by your actions.
San Diego Car Center reserves the right to terminate your account and access to the platform at any time, without notice, if we determine that you have engaged in prohibited conduct or have otherwise breached these Terms of Use.
In no event will San Diego Car Center be liable for any damages or losses arising from your use of the platform, including but not limited to incidental, consequential, or punitive damages.
These Terms of Use will be governed by and construed in accordance with the laws of the State of California and the City of San Diego, without giving effect to any principles of conflicts of law.
User: refers to any person or entity using the San Diego Car Center platform.
Prohibited Conduct: refers to any conduct that is deemed prohibited by San Diego Car Center.
You agree to use the San Diego Car Center platform responsibly and in compliance with all applicable laws and regulations of the State of California and the City of San Diego.
You acknowledge that you are responsible for your own actions and decisions, and that San Diego Car Center is not liable for any consequences that may arise from your use of the platform.
You agree not to engage in any prohibited conduct on the platform.
San Diego Car Center owns all rights, title, and interest in and to the platform, including but not limited to all intellectual property rights, trademarks, trade secrets, and copyrights.
You grant San Diego Car Center a non-exclusive, royalty-free, and perpetual license to use, reproduce, modify, and distribute any content you post on the platform, including but not limited to text, images, and videos.
San Diego Car Center's trademarks, logos, and service marks are the exclusive property of San Diego Car Center, and you agree not to use them without prior written consent.
If you believe that any content on the platform infringes on your copyright, you agree to notify San Diego Car Center in writing, and we will take reasonable steps to investigate and address the claim.
If you believe that any content on the platform infringes on your copyright, you may submit a DMCA notice to San Diego Car Center. The notice must include:
A physical or electronic signature of the copyright owner or authorized agent
Identification of the copyrighted work claimed to be infringed
Identification of the material that is claimed to be infringing
Information reasonably sufficient to permit San Diego Car Center to locate the material
A statement that the complaining party has a good faith belief that the use of the material is not authorized
A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner
If you receive a DMCA notice and believe that the material was removed or disabled by mistake or misidentification, you may submit a counter-notice to San Diego Car Center. The counter-notice must include:
A physical or electronic signature of the user
Identification of the material that was removed or disabled
A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled by mistake or misidentification
The user's name, address, and telephone number
A statement that the user consents to the jurisdiction of the federal district court for the judicial district in which the user is located
San Diego Car Center reserves the right to terminate the account of any user who is a repeat infringer.
Intellectual Property: refers to all rights, title, and interest in and to the platform, including but not limited to trademarks, trade secrets, and copyrights.
User-Generated Content: refers to any content posted by users on the platform, including but not limited to text, images, and videos.
San Diego Car Center owns all rights, title, and interest in and to the platform, including but not limited to all intellectual property rights.
You grant San Diego Car Center a non-exclusive, royalty-free, and perpetual license to use, reproduce, modify, and distribute any content you post on the platform.
San Diego Car Center's trademarks, logos, and service marks are the exclusive property of San Diego Car Center.
The platform is provided on an "as-is" and "as-available" basis, without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event will San Diego Car Center be liable for any damages or losses arising from your use of the platform, including but not limited to incidental, consequential, or punitive damages.
San Diego Car Center is not responsible for any content posted by third parties on the platform, including but not limited to user-generated content.
San Diego Car Center is not responsible for any technical issues or downtime that may affect the platform, including but not limited to server errors, network outages, and software bugs.
You assume all risk and liability for your use of the platform, including but not limited to any damages or losses that may arise from your use of the platform.
San Diego Car Center shall not be liable for any failure or delay in performance due to unforeseen circumstances, including but not limited to natural disasters, wars, or other events beyond our control.
In no event will San Diego Car Center be liable for indirect damages, including but not limited to lost profits or business opportunities.
If you are a California resident, you waive any rights you may have under the California Consumer Warranty Act, and you acknowledge that San Diego Car Center is not responsible for any warranties or representations made by third parties.
Damages: refers to any losses or liabilities that may arise from your use of the platform.
Technical Issues: refers to any technical problems or downtime that may affect the platform.
Force Majeure: refers to any unforeseen circumstances that may affect the platform, including but not limited to natural disasters, wars, or other events beyond our control.
The platform is provided on an "as-is" and "as-available" basis, without warranties of any kind.
San Diego Car Center is not liable for any damages or losses arising from your use of the platform.
You assume all risk and liability for your use of the platform.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Any disputes or claims arising out of or related to these Terms of Use or the platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, as amended from time to time.
Any arbitration or court proceedings arising out of or related to these Terms of Use or the platform shall be held in San Diego, California.
You and San Diego Car Center waive any right to a jury trial in any proceeding arising out of or related to these Terms of Use or the platform.
In the event of any dispute or claim arising out of or related to these Terms of Use or the platform, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs.
You agree that any disputes or claims arising out of or related to these Terms of Use or the platform shall be resolved on an individual basis, and you waive any right to bring a class action lawsuit against San Diego Car Center.
If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain in effect.
These Terms of Use constitute the entire agreement between you and San Diego Car Center, and supersede all prior or contemporaneous agreements or understandings.
Governing Law: refers to the laws of the State of California.
Jurisdiction: refers to the authority of the courts or arbitration panels to hear and decide disputes.
Venue: refers to the location where any arbitration or court proceedings will be held.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California.
Any disputes or claims arising out of or related to these Terms of Use or the platform shall be resolved through binding arbitration.
You and San Diego Car Center waive any right to a jury trial in any proceeding arising out of or related to these Terms of Use or the platform.
San Diego Car Center reserves the right to modify or amend these Terms of Use at any time, without notice.
We will notify you of any changes to these Terms of Use by posting a notice on the platform or by sending you an email.
Any changes to these Terms of Use will be effective immediately upon posting or notification.
Your continued use of the platform after any changes to these Terms of Use will be deemed acceptance of the updated Terms of Use.
We will maintain a record of previous versions of these Terms of Use, which will be available upon request.
These Terms of Use were last updated on July 26, 2024.
We will provide you with at least 30 days' notice of any changes to these Terms of Use, unless the changes are required by law or are necessary to protect the security or integrity of the platform.
If you disagree with any changes to these Terms of Use, you may terminate your account and stop using the platform.
Amendments: refers to any changes or modifications made to these Terms of Use.
Notification: refers to the method by which we will inform you of any changes to these Terms of Use.
San Diego Car Center reserves the right to modify or amend these Terms of Use at any time.
We will notify you of any changes to these Terms of Use by posting a notice on the platform or by sending you an email.
Your continued use of the platform after any changes to these Terms of Use will be deemed acceptance of the updated Terms of Use.
If you have any questions or concerns about these Terms of Use or the platform, please contact us at:
support@carkono.com
We are available to assist you with any questions or concerns you may have about the platform or these Terms of Use. We will respond to your email as soon as possible.
We welcome your feedback and suggestions on how to improve the platform and these Terms of Use.
Contact Information: refers to the email address provided for contacting us.
If you have any questions or concerns about these Terms of Use or the platform, please contact us via email at support@carkono.com.
We are available to assist you with any questions or concerns you may have.
We welcome your feedback and suggestions on how to improve the platform and these Terms of Use.
We reserve the right to terminate or suspend your access to our platform at any time, with or without cause, and with or without notice. We may terminate or suspend your access if you breach any term of these Terms of Use or if we determine that your use of our platform is harmful to us or our users.
You may terminate your use of our platform at any time by ceasing to use our platform and cancelling any active accounts. Upon termination, your access to our platform will cease, and you will no longer be able to use our platform.
Upon termination, all rights granted to you under these Terms of Use will cease. You will not be entitled to any refund or compensation upon termination. We may retain and use your personal data and other information as set out in our Privacy Policy.
Sections 7 (Disclaimers and Limitations of Liability), 12 (Indemnification), 13 (Warranty Disclaimer), 14 (Limitation of Liability), and 17 (Entire Agreement) will survive termination.
We may terminate or suspend your access to our platform at any time, with or without cause or notice. You may also terminate your use of our platform by ceasing to use it and cancelling accounts. Upon termination, your access will cease, and certain sections of these Terms of Use will survive.
You agree to indemnify, defend, and hold harmless Carkono, our affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:
Your use of our platform
Your violation of these Terms of Use
Your violation of any rights of another person or entity
Any claims that your content or user submissions infringe on the intellectual property rights of a third party
Any claims related to your negligence, gross negligence, or willful misconduct
We will notify you of any claim, demand, or action for which you are obligated to indemnify us. You will cooperate with us in defending such claims, and we will have the right to assume the defense of any such claims.
Our liability for indemnification under this Section 12 will not exceed the amount of damages actually incurred by us, and will not include any consequential, indirect, special, punitive, or exemplary damages.
Your indemnification obligations under this Section 12 will be your sole and exclusive remedy against us for any claims, damages, losses, liabilities, and expenses arising from your use of our platform.
Your indemnification obligations will survive the termination of these Terms of Use and your use of our platform.
We will indemnify, defend, and hold harmless you, your affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:
Our breach of these Terms of Use
Our negligence, gross negligence, or willful misconduct
Any claims that our platform infringes on the intellectual property rights of a third party
You agree to indemnify us against claims arising from your use of our platform, violation of these Terms of Use, or infringement of intellectual property rights. Our liability for indemnification is limited to actual damages incurred, and your indemnification obligations will survive termination.
Our platform and services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. We disclaim all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In no event will we be liable for any damages, including consequential, indirect, special, punitive, or exemplary damages, arising out of or related to your use of our platform or services.
We do not warrant that our platform or services will be accurate, reliable, secure, or free from viruses, worms, or other harmful components. We also do not warrant that our platform or services will be compatible with your equipment, software, or technology.
We do not warrant or endorse any third-party services or products that may be available through our platform. Your use of such services or products is at your own risk.
We do not warrant that our platform or services will be uninterrupted or free from disruption.
We do not warrant that your data will be accurate, complete, or up-to-date.
In no event will our liability exceed the amount of fees paid by you to us in the preceding July 26, 2024.
We disclaim all warranties, express or implied, and will not be liable for any damages arising from your use of our platform or services. Our platform and services are provided "as is" and "as available", without warranties of any kind.
In no event will we be liable for any damages, including consequential, indirect, special, punitive, or exemplary damages, arising out of or related to your use of our platform or services.
We will not be liable for any damages arising from:
Loss of data or business interruption
Loss of profits or revenue
Loss of goodwill or reputation
Any other indirect, consequential, or special damages
Our total liability to you for any damages will not exceed the amount of fees paid by you to us in the preceding July 26, 2024.
We will not be liable for any damages arising from your use of third-party services or products that may be available through our platform.
We will not be liable for any damages arising from your user content or submissions.
We will not be liable for any damages arising from security breaches or unauthorized access to our platform or services.
We will not be liable for any damages arising from changes to our platform or services, including but not limited to changes to functionality, availability, or compatibility.
We will not be liable for any damages arising from force majeure events, including but not limited to natural disasters, wars, or government actions.
We will not be liable for any damages arising from our failure to meet any obligations under these Terms of Use, including but not limited to failure to provide adequate support or maintenance.
We will not be liable for any damages arising from delays or interruptions to our platform or services.
We will not be liable for any indirect, consequential, or special damages arising from your use of our platform or services. Our total liability is capped at the amount of fees paid by you to us in the preceding July 26, 2024. We disclaim all liability for damages arising from third-party services, user content, security breaches, changes to our platform or services, force majeure events, failure to meet obligations, and delays or interruptions.
You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or related to:
Your use of our platform or services
Your violation of these Terms of Use
Your infringement of any intellectual property rights
Your user content or submissions
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
We will not be indemnified for any claims, liabilities, or expenses arising from your use of third-party services or products that may be available through our platform.
You agree to indemnify us against any claims, liabilities, or expenses arising from your use of our platform or services, including your user content or submissions. We reserve the right to defend and control any indemnification claims. We will not be indemnified for claims related to third-party services or products.
These Terms of Use will be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law.
Any disputes arising out of or related to these Terms of Use will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, or through the courts of the State of California and the United States.
Any arbitration or legal proceedings will be held in Los Angeles, California.
You and we waive the right to a jury trial in any dispute arising out of or related to these Terms of Use.
If any provision of these Terms of Use is held to be unenforceable, the remaining provisions will remain in effect.
These Terms of Use constitute the entire agreement between you and us regarding the subject matter hereof.
We reserve the right to modify or update these Terms of Use at any time, and any changes will be effective immediately.
These Terms of Use are governed by the laws of the State of California and the United States, and any disputes will be resolved through arbitration or in the courts of the State of California and the United States, with a waiver of the right to a jury trial.
If you have any questions, concerns, or feedback regarding these Terms of Use or our platform, please contact us at support@carkono.com.
You can reach out to us using the email address above for any questions or concerns regarding these Terms of Use or our platform.
We reserve the right to modify or update these Terms of Use at any time without prior notice. Any changes will be effective immediately.
We will notify you of material changes to these Terms of Use by posting the updated Terms of Use on our platform. Your continued use of our platform after the effective date of the changes will constitute your acceptance of the updated Terms of Use.
You can request a copy of previous versions of these Terms of Use by contacting us at support@carkono.com.
No changes to these Terms of Use will reduce your rights under these Terms of Use without your explicit consent.
We may update these Terms of Use at any time, and changes will be effective immediately. We will post updated Terms of Use on our platform, and your continued use will indicate acceptance of the changes.
We reserve the right to refuse service to anyone at our discretion, including but not limited to:
Violation of these Terms of Use
Abusive or harassing behavior
Fraudulent activities
Failure to comply with applicable laws or regulations
If we refuse service to a user, we will provide notice of such refusal, including the reason(s) for the refusal, if applicable.
The Quick Sell Terms and Conditions provide the guidelines and requirements for using the Quick Sell feature on our website. Key points include:
Determining and Listing Trade-in Value Accurately: Ensure your vehicle's trade-in value is accurate.
Authorizing Sharing with Authorized Buyers: Allow us to share your listing with our trusted buyers.
Indemnifying Against Claims or Damages: Protect yourself and others from potential claims or damages.
Compliance with Listing Requirements: Follow our listing rules for a smooth experience.
Governing Law and Changes to Terms: Understand that California law governs these terms, and they may be updated periodically.
By using Quick Sell, you agree to these Terms.
Quick Sell: The feature that allows users to sell their vehicle quickly for its trade-in value.
Trade-in Value: The value of the vehicle as determined by a reputable source.
Authorized Buyers: Trusted third-party buyers authorized to view and purchase listings.
To use the Quick Sell feature, you must be at least 18 years old and reside in the service area.
Use a reputable source to determine your vehicle's trade-in value accurately to avoid any liability.
Ensure your listing is at or below the trade-in value. Overpricing may lead to liability and the need to indemnify authorized buyers against any claims, damages, or expenses.
You must list your vehicle at a price equal to or less than the determined trade-in value. Non-compliance may result in the removal of your listing, account suspension, or termination.
You authorize us to share your listing with our trusted third-party buyers.
Your listing will only be accessible to authorized personnel and trusted third-party buyers.
You agree to indemnify us, our officers, directors, employees, and agents against any claims, damages, or expenses arising from your listing.
We are not liable for any indirect, incidental, or consequential damages arising from the use of the Quick Sell feature.
We reserve the right to terminate your access to the Quick Sell feature for any reason, including violation of these Terms.
Your data will be handled according to our Privacy Policy. Information shared with authorized buyers will be limited to what is necessary for the sale.
These Terms are governed by California law.
We reserve the right to modify or update these Terms at any time.
If you have any questions or concerns about these Terms, please contact us at support@carkono.com.