User Agreement
Effective Date: ____07/10/2023______
I. INTRODUCTION
This User Agreement governs each website, mobile site, application, and/or other service, regardless of how distributed, transmitted, published, or broadcast (each, a "Service") provided by any controlled subsidiary or affiliate of Cherry Cars, Inc. ("Cherry Cars," "we," "us," or "our") that links to this User Agreement, which is binding on all those who access, visit and/or use the Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise (collectively, "you" or "your"). If you apply to obtain a financial product or service from us, information we gather about you in connection with your application, loan, or other financial product or service is also subject to our Privacy Policy. Click here for more information. cherrycars.com/privacy
Please read this User Agreement carefully. Your access, visitation, and/or use of the Service, including without limitation any registration on any aspect of the Service, will constitute your agreement to this User Agreement. If you do not agree with the terms and conditions of this User Agreement, you may not access, visit and/or use the Service.
This User Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the User Agreement. If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Service, whether listed in this User Agreement, posted at various points in the Service, or otherwise communicated to users of the Service (collectively, the "Agreement"), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations, enforce the Agreement, and/or remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.
In the event of any conflict or inconsistency between the terms and conditions of this User Agreement and the terms of the Financial Privacy Policy, the terms of the Financial Privacy Policy shall control. In the event of any other conflict between the terms and conditions of this User Agreement, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the Service or otherwise communicated to users of the Service, the terms of this User Agreement shall control.
Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, "Content") available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, you, other users, and/or service providers.
II. MONITORING AND COMPLAINTS ABOUT THE SERVICE AND THE CONTENT
A. Monitoring
We strive to provide an enjoyable online experience for our users, so we may monitor activity and Content on the Service to foster compliance with the Agreement. You hereby specifically agree to such monitoring. We do not make any representations, warranties, or guarantees that: (1) the Service or Content, or any portion thereof, will be monitored for accuracy or unacceptable use, or (2) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement.
B. What to Do if You Have a Complaint About the Service or the Content
If you have a legitimate complaint about the Service or the Content, please do the following:
Copyright Complaints: If you have reason to believe that your content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination, or service that contains Content or activity that infringes your copyright rights, you may notify us as described below in the section entitled Copyright Complaints.
CyberCrime: If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, infringement, or hacking, you may contact the Internet Crime Complaint Center, at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA).
IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF THIS AGREEMENT COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES).
III. REGISTRATION AND ACCOUNT/PROFILE CREATION
A. We may at times require that you register and/or set up an account/profile to access, visit and/or use certain portions of the Service, or the Service as a whole, in which case you may be provided, or required to choose, a password and/or User ID, and you may provide a credit, debit, charge card number, or other payment information, as well as your name, telephone number(s), email and/or street address, or other personally identifiable information. Other information such as your age, gender, an avatar, and the number for your mobile or other device may also be requested. In addition, you may be asked to send us similar information via messaging (e.g., email, SMS, MMS, or other technologies). All such information shall be referred to in the Agreement as your "Registration Information." We may collect, use, and/or share your Registration Information as described in our Privacy Policy.
B. You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering and/or setting up an account/profile on the Service. If any of your Registration Information changes, you must update it promptly within five (5) business days of such change by using the mechanism or contact information on the Service that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available on the Service, please notify us as described in our Privacy Policy.
WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
C. We reserve the right at any time, with or without notice, to remove or require a change to or repossess any password and/or User ID that has been provided to you, any avatar you may be using, or other Registration Information, or otherwise change the access means or methods for portions of the Service, the Service as a whole, or certain products and/or services.
D. You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit, and/or use the Service by use of your account/profile and/or Registration Information, except as permitted by law. You may not access and/or use anyone else's Registration Information, or access, visit, and/or use the Service by use of anyone else's account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent, or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
E. You are solely responsible for all access or visitation to, usage of, and/or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile, or other device on which your account/profile resides or is accessible. You acknowledge and specifically authorize that we may process transactions, including without limitation purchases and/or registration for additional merchandise, products, and/or services, including without limitation Content, that are initiated by use of your Registration Information.
F. If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your Registration Information), you must immediately change the affected Registration Information by using the mechanism or contact information on the Service, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service, please immediately notify us as described in our Privacy Policy.
IV. USER-CREATED CONTENT
A. Our Service may allow you and/or other users to create, post, store, and share content, including but not limited to messages, text, photos, graphics, videos, software, code, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Cherry Cars.
You grant Cherry Cars a perpetual, irrevocable, nonexclusive, unrestricted, unconditional, unlimited, royalty-free, worldwide, fully paid, cost-free, and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, display, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user's name, likeness, or identity in connection with the Service does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. You agree that (a) your User Content will be treated as non-confidential and non-proprietary by us - regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, we do not assume any obligation of any kind to you or any third-party with respect to your User Content. As your User Content will be public, do not include any personal information (including but not limited to pictures of yourself or others) in any User Content you post.
You may not create, post, store, or share any User Content that violates this User Agreement or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such User Content as permitted by this User Agreement, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Service any User Content that:
o Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
o Is, in Cherry Cars' sole judgment, disrespectful, inappropriate, or may expose Cherry Cars, our users, or others to discomfort, harm, or liability;
o May infringe the patent, trademark, trade secret, copyright, intellectual, privacy, or proprietary right of any party;
o Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any applicable local, state, national, or international law;
o Includes any incorrect or inaccurate statements or claims, or statements or claims that do not reflect your honest views and experiences;
o Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;
o Contains any private information of you or any third parties, including addresses, phone numbers, and payment card information; or
o Contain viruses, corrupted data, or other harmful, disruptive, or destructive files.
Cherry Cars assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Cherry Cars has no obligation to screen, edit, or monitor User Content, we may edit, delete, or remove User Content at any time and for any reason, with or without notice.
B. Any California residents under the age of eighteen (18) who have registered to use our Service, and who have publicly posted content or information on our Service, can request that their posting (but not third party posts) be removed from public view on our Service by contacting us (https://www.cherrycars.com) and making such a request, confirming that they personally posted such User Content or information and detailing where the User Content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
V. RULES OF USAGE:
A. Use of the Service by You:
1. The Service is not intended for users under the age of 18, and we do not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from registering for the Service or submitting their personal information to us, and from using portions of the Service for which registration is required.
2. You shall ensure that all equipment, hardware, software, products, and/or services you use to access, visit, or use the Service does not disturb or interfere with our operation of the Service, or impede or interfere with others' access, visitation, and/or use of the Service. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any equipment, hardware, software, product and/or services causing interference with us, our licensors, vendors, service providers, the Service, or any Content or User Content.
3. If you provide to us the number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s) to utilize the device for such purposes.
4. Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example, by authorizing or allowing access to your account/profile or any laptop, personal computer, browser, mobile device, tablet, or other device (a "Device" or "Devices") on which the Service resides or is accessible.
5. You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person, or entity, or for an end use, prohibited thereby.
6. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any OFAC or U.S. Government list of prohibited or restricted parties.
7. Content that is provided by us, our licensors, vendors, and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks, and other brand identifiers, the organization, design, compilation, and "look and feel" of the Service, and all advertising thereon, is protected by applicable local, state, federal, provincial, national, international, and foreign copyright, trademark, and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors, and/or service providers.
8. Cherry Cars is not responsible for, nor substantiates or guarantees in any way, User Content or any other content posted by you, other users, or third parties on the Service. You are entirely and solely responsible for any and all engagement with other users or third parties on or via the Service. The information on vehicles provided in this service may be supplied by other third parties – Cherry Cars is not responsible for the accuracy of such information. Cherry Cars provides the Service and these materials without representations, guarantees, or warranties of any kind, whether express or implied.
9. Certain Content may be made available to you on or through the Service for download, installation, and/or streaming on your Device, and via Real Simple Syndication (RSS), such as photos, images, text, music, audio, videos, podcasts, ringtones, games, graphics, or software. Such Content is subject to the same terms, conditions, limitations, and restrictions applicable to all Content provided by us, our licensors, vendors, other users, and/or service providers. You must, in addition to all of your other obligations, use such Content only to the extent expressly authorized for the particular Content, and you may not use such Content in a manner that exceeds such authorization. Certain Content on the Service may be provided by third parties and Cherry Cars may not have editorial control over the content. The views or opinions expressed by those third parties do not necessarily represent the views of Cherry Cars.
10. Vehicle listings and descriptions on the Service, whether provided by Cherry Cars or User Content, are for informational purposes only and Cherry Cars does not guarantee the accuracy of such information. Cherry Cars may obtain vehicle listing information, including vehicle descriptions and vehicle histories from third parties or other users, so there is a possibility that unintentional or unknown errors occur. All vehicles are subject to prior sale and may not be available in your area or to you when you are ready to purchase. You agree that any reliance on the vehicle listing and descriptions on the Service is at your own risk. All vehicle listings are subject to the Disclaimer of Warranty and Limitation of Liability in this User Agreement. Cherry Cars is under no obligation to finance, sell, or lease a vehicle to you. In addition, despite our best efforts, it is possible that vehicles or other items on our website may be mispriced. If the correct price of a vehicle or other item is higher than Cherry Car's stated price, we will, at our discretion, either contact you for instructions before delivery or pickup of the vehicle or cancel your purchase and notify you of such cancellation, with the exception of vehicles listed by other users or third parties, rather than Cherry Cars itself. Such vehicles will be so marked, and Cherry Cars makes no representations and has no obligation, responsibility, or intention to notify you of any discrepancies involving the price, condition, or other aspects of a vehicle listed by any user, third party, or other party that is not Cherry Cars itself.
B. Prohibitions on Use of the Service:
1. Absent express prior written consent in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:
o access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of anyone else's account/profile and/or Registration Information, (except as permitted by law);
o make any commercial, advertising, promotional, or marketing use of the Service and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks, and other brand identifiers of us, our licensors, vendors, and/or service providers obtained on or through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us, or the Service;
o impersonate, imitate, or pretend to be somebody else, by setting up different accounts/profiles or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Service or creating or sharing User Content via the Service;
o authorize or permit anyone else to access and/or use your Registration Information, or access, visit, and/or use the Service, by use of your account/profile and/or Registration Information (except as permitted or required by law);
o falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your site, application, destination or service, with the Service, us, or our licensors, vendors, and/or service providers;
o use any bots, cheats, macros, scripts, or run Maillist, Listserv, or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit, and/or use the Service, including without limitation to post, upload, transmit, send, or otherwise make available Content on or through the Service;
o copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content or User Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information, Content, or User Content available on or through the Service, including by an automated or manual process or otherwise, unless an agreement is reached between you and us explicitly allowing for such activities;
o copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content or User Content;
o copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content or User Content obtained on or through the Service, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us, or the Service;
o copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Service, in whole or in part, including without limitation any Content or User Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or otherwise reduce the Service, in whole or in part, to a human perceivable form;
o access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, alter, tamper, or interfere with, the Service including without limitation any Content or User Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others' access, visitation, and/or use of the Service, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise;
o post, upload, transmit, send, or otherwise make available on or through the Service any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature; or
o hyperlink to the Service without our written permission. If you wish to obtain permission to hyperlink, please contact: Attn: customerservice@cherrycars.com.
2. CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE OR INAPPROPRIATELY UTILIZE CONTENT OR USER CONTENT, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
C. Use of the Service Related to Selling a Vehicle to Cherry Cars:
1. The Service includes the ability for an individual to sell his or her vehicle to Cherry Cars. Usage of this aspect of the Service is reserved solely for individual consumers. As such, vehicle dealerships (including sole proprietors operating as a vehicle dealership or otherwise attempting to dispose of vehicles that are not owned personally by the sole proprietor) are expressly prohibited from selling vehicles to Cherry Cars.
2. By submitting a request for a vehicle purchase offer from Cherry Cars, you represent and warrant that you have: (i) valid and marketable title to the vehicle; and (ii) all rights in and to the vehicle that are necessary to sell and transfer ownership of the vehicle to Cherry Cars. Further, you represent and warrant that you will take all actions deemed necessary or appropriate by Cherry Cars in order to effectuate the transfer of title to the vehicle to Cherry Cars.
3. If at any time after Cherry Cars has provided a vehicle purchase offer to you, Cherry Cars reasonably determines that: (i) you misrepresented the condition of the vehicle during the appraisal process; (ii) the vehicle condition deteriorated between the time that you requested the vehicle purchase offer and the time that you transferred possession of the vehicle to Cherry Cars; (iii) you committed any fraud during the vehicle appraisal process; (iv) you do not have valid and/or marketable title to the vehicle; and/or (v) you have violated any section of this Agreement, Cherry Cars shall have the right to adjust or rescind the vehicle purchase offer.
4. If you request a vehicle purchase offer, but you have sold three (3) or more vehicles to Cherry Cars in the immediately preceding twelve (12) months (including any vehicles sold by another member of your household), Cherry Cars reserves the right, in its sole discretion, to rescind and/or not honor such vehicle purchase offer.
5. If you sell your vehicle to Cherry Cars in a standalone transaction (i.e., you did not also purchase a vehicle from Cherry Cars), you acknowledge and agree that such vehicle sale is final and irrevocable. Upon transfer of possession of the vehicle from you to Cherry Cars following such a transaction, you relinquish all rights, title, and interests in and to the vehicle.
6. Cherry Cars reserves the right to not provide a vehicle purchase offer to any user for any reason, in Cherry Cars’ sole discretion.
D. Editing, Additions, and Deletions:
We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content or User Content available on or through, or downloadable from, the Service, including without limitation any Content or User Content in or related to your account/profile. This includes updates or upgrades to Content or User Content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Service may not be consistent across all platforms, or Devices. If you do not refresh the Service after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content or User Content, for which we and our Indemnitees disclaim any and all responsibility and liability. If any changes require you to obtain new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. Even after Content or User Content is removed from your account/profile, your messages, post(s), and/or threads, regardless of whether such removal or deletion is by you or by us, copies of that Content or User Content may be retained and/or remain viewable by us, our licensors, vendors, service providers, and/or other third parties.
E. Procedure for Alleging Copyright Infringement (DMCA Notice):
1. We respect the intellectual property of others, and we require our users to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend, and/or restrict the account/profile or ability to access, visit, and/or use the Service of users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content or User Content deemed to be infringing. It is our policy to terminate the access of repeat infringers.
2. If you are a copyright owner and have reason to believe that your copyrighted work has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination, or service that contains your copyrighted work or other activity that infringes your copyright rights, you may send us a written notice that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 ("DMCA")):
i. Your physical or electronic signature;
ii. A description of the copyrighted work you claim to have been infringed, or, if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;
iii. A description of the copyrighted work that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
iv. Your address, telephone number, and if available, email address at which we may contact you;
v. A statement by you that you have a good faith belief that use of the copyrighted work in the manner complained of is not authorized by you as the copyright owner; and
vi. A statement by you that the information in your notice to us is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will only respond to DMCA notices that we receive by mail or email at the addresses below:
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By Mail: |
P.O. Box 590, Whitesboro, TX 76273 |
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POBy Email: |
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For more information call: |
Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.
For communications on other matters, please contact us through the means described on the Service, if available (for example, in the "Contact Us" section), or, if no such means are specified, contact us as described in our Privacy Policy.
3. IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT, USER CONTENT, OR ACTIVITY IS INFRINGING VIOLATES THE DMCA AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS, OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT OR USER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.
PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE.
4. Trademarks
Cherry Cars, cherrycars.com, our logos, our product or service names, our slogans, and the look and feel of the Service are trademarks of Cherry Cars and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Cherry Cars Service are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Cherry Cars.
F. Indemnification:
You agree to indemnify, defend, and hold harmless us, our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors, and assigns (collectively, "Indemnitees") from and against any and all claims, disputes, demands, proceedings, causes of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys' fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, "Claims") which may arise out of or are in any way connected with your access, visitation, and/or use of the Service, Content, User Content, unauthorized use of Content or User Content obtained on or through the Service, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Service.
G. Disclaimer of Warranty and Limitation of Liability:
1. CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OR USER CONTENT OFFERED ON OR THROUGH THE SERVICE MAY BE HOSTED, ADMINISTERED, RUN, OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THIS AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
2. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND ON AN "AS AVAILABLE" BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR USER CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT ACCESS TO THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US, YOU, OR OTHER USERS OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED CONTENT OR USER CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
3. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER'S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR INFORMATION USERS MAY SUBMIT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO USER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME OR SUBMITTING PAYMENTS TO ANOTHER USER. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU, OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH THE SERVICE (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
4. WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US, YOU, OR BETWEEN ANOTHER USER AND YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER'S COMPUTER, MOBILE OR OTHER DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER'S COMPUTER, MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.
5. WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE AGREEMENT, THE SERVICE, YOUR ABILITY OR INABILITY TO ACCESS, VISIT, AND/OR USE THE SERVICE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE AND/OR CONTENT OR USER CONTENT AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT PAID BY YOU TO US DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
6. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE CHERRY CARS FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF OTHER USERS OR THIRD PARTIES.
H. Termination or Suspension of the Service, Your Use of the Service, and/or the Agreement:
1. We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend, and/or restrict the Service, your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your password and/or User ID.
2. Even if the Service, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement is terminated, discontinued, suspended, or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any Content or User Content, and therefore copies of all information with regard to your account/profile and/or Content or User Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Service, may be retained and/or remain viewable by us, our licensors, vendors, service providers, and/or other third parties. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content or User Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Service. All provisions of the Agreement shall survive the termination or expiration of the Agreement and/or your account/profile.
I. Communications to You:
1. The communications between you and us and/or you and any other user or third party utilizing the Service usually use electronic means, whether you access, visit, or use the Service, send messages, or whether we, other users, or other third parties post notices on the Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us, other users, and/or other third parties using the Service in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we, other users, and/or other third parties utilizing the Service provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so, applies to all of your interactions and transactions with us, other users, and/or other third parties utilizing the Service.
2. You understand and agree that joining the Service may include receiving certain communications from us, other users, and/or third parties using the Service, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service.
3. By providing your phone number, you agree to receive calls and/or texts using automated technology, including prerecorded voicemails and calls made with an auto dialer for marketing purposes, or servicing and informational purposes related to your account, from Cherry Cars and its authorized representatives (including, but not limited to, Cherry Cars Inc. & Cherry Auto Finance Inc. and any subsidiaries, affiliates and assigns.) This consent is not required to purchase from Cherry Cars. Message and data rates may apply.
4. Cherry Cars does not knowingly or purposefully engage in the direct selling of customer phone number or other related short code data for the purposes of direct third party marketing to Cherry Cars customers without customers’ express consent, including for the purpose of direct marketing campaigns banned by carriers and/or other similar campaigns.
J. Mobile Participants:
You understand and agree that various entities unaffiliated with us make up the "mobile ecosystem" that enables you to access, visit, and/or use the Service via your Device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of Content or User Content for use with the Service (collectively, the "Mobile Participants"). We do not represent, warrant, or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other Devices, or via all carriers and service plans, or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS. We have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (i) the Agreement is between us and you; the Mobile Participants are not parties to the Agreement; (ii) the Mobile Participants and their parents, subsidiaries, and affiliates are third party beneficiaries of the Agreement and upon your acceptance of the terms and conditions of the Agreement, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you; (iii) the license granted to you hereunder is limited to a non-transferable license to use the Service on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant's applicable usage rules; (iv) Mobile Participants have no obligation whatsoever in connection with the functionality or content of the Service, or to furnish any maintenance or support services with respect to the Service; (v) in the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Service); (vi) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs, or expenses by you or a third party relating to the Service or your possession, access, visitation and/or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and (vii) in the event of any third party claim that the Service or your possession, access, visitation, and/or use of the Service, infringes such third party's intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement, and/or discharge of such claim.
K. Third Party Content:
The Service may contain hyperlinks to websites operated by parties other than Cherry Cars. Cherry Cars does not operate the third party service(s) or links and is not responsible for the content or accessibility outside of the Cherry Cars website(s). The Service may also contain content created by third parties, such as customer reviews, where third parties may express their ideas and opinions. Cherry Cars and its affiliates do not endorse the accuracy or reliability of any third party content.
L. Disputes and Jurisdiction:
1. The Service is based in the United States. It is not designed, customized, or intended for, or directed to, any other country. Those who choose to access, visit, and/or use the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty, or guarantee that the Service, or any merchandise, products, services, and/or Content or User Content available on or through the Service, are appropriate, available, or legal in any particular geographic location.
2. In any dispute between us, your sole remedy is to stop using your account/profile and/or the Service. This includes any dispute related to or arising out of: (i) rules, restrictions, limitations, terms, and/or conditions that apply to the Service, whether listed in this User Agreement, posted at various points in the Service, or otherwise communicated to you, including our enforcement, non-enforcement, or application of any such rules; (ii) any of our policies and/or practices, including our enforcement, non-enforcement, or application of any such policies and/or practices; (iii) any Content or User Content available on or through the Service, or any edits, deletions, additions, or other changes thereto; or (iv) your ability or inability to access, visit, and/or use portions of the Service, or the Service as a whole, or features, functionality, and/or Content or User Content available on or through the Service.
3. You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. If we have a dispute that we are unable to resolve, you and Cherry Cars agree to confidential, binding arbitration using J.A.M.S. You may send a demand for arbitration to the following:
P.O Box 590 Whitesboro, TX 76273
The applicable rules of the arbitration forum you select will apply. You are giving up your right to a trial by jury or class action or similar relief. You have all other rights and remedies under applicable law. We will not object if you wish to use small claims court. An arbitration administrator and arbitrator may waive or reduce its fees for financial hardship. The arbitration will occur at the closest J.A.M.S. office at 8401 N. Central Expressway, Dallas, TX 75225.
You have the right to reject this arbitration agreement, in which event neither you nor we will have the right to require arbitration of any disputes. Rejection of this arbitration agreement will not affect any other aspect of this Agreement or your interactions with the Service. In order for you to reject this arbitration agreement, we must receive a signed writing ("Rejection Notice") from you within 30 calendar days of the day you first visit Cherry Cars site and receive notice of the Agreement, stating that you reject the arbitration agreement. The Rejection Notice must include your name, address, and Customer Number, and must be mailed to us at: Attn: P.O Box 590 Whitesboro, TX 76273 by mail, return receipt requested. Upon receipt of your Rejection Notice, and if requested by you, we will refund your postage cost. If you reject this arbitration agreement, that will not constitute a rejection of any other arbitration agreement between you and us.
4. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate to prevent or correct violations and enforce this User Agreement. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under this User Agreement.
5. You agree that, regardless of where you access, visit, and/or use the Service, all issues concerning the construction, validity, interpretation, and enforceability of the Agreement shall be governed and construed in accordance with the laws of the United States, in the particular State where the Service is headquartered in Whitesboro, Texas, without regard to any principles of conflict of laws. Any disputes that are not arbitrated or otherwise result in court action will be resolved exclusively by a state or federal court located in the U.S. State where the Service is headquartered, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. Should there be a conflict between the laws of the U.S. State where the Service is headquartered, and any other laws, the conflict will be resolved in favor of the laws of such U.S. State where the Service is headquartered. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) and shall not include any indirect, punitive, incidental, and/or consequential damages.
6. If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.
M. General:
1. We reserve the right to post, from time to time, additional rules that apply to certain portions of the Service or the Service as a whole. Such additional rules will be posted in the Agreement and/or in the relevant portions of the Service, and are hereby incorporated into the Agreement by this reference if not posted herein. Your continued access, visitation, and/or use of the Service constitutes your agreement to comply with these additional rules.
2. The rules, restrictions, limitations, terms, and conditions that apply to the Service, whether listed in this User Agreement, posted at various points in the Service, or otherwise communicated to you, constitutes the Agreement and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, User Content, or Content that augment or enhance the Service, including the release of updates, upgrades, new products, and/or services, shall be subject to the terms and conditions of the Agreement.
3. Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing and signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default pursuant to the Agreement.
4. We may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void.
VI. INSURANCE-RELATED OFFERINGS
Insurance products offered by Cherry Cars on or through the Service may include links or prompts to other websites or content that are not maintained or controlled by Cherry Cars. Your use of any such third party content is subject to the third party terms and conditions. These links are solely for your convenience, and Cherry Cars make no warranties, endorsements, approvals, certifications, or representations about – including but not limited to the availability, safety, or reliability of – any such third party content or any insurance products or services advertised or made available thereon. We recommend that you review the relevant privacy policies, terms of use, and/or user agreements associated with such third party websites.
All quotes and estimates provided for insurance products offered on or through the Service are non-binding, and do not commit anyone to insurance coverage. Any insurance coverage will be subject to the terms and conditions of the actual insurance policy for the coverage issued to any insured. In addition, any offer of insurance coverage will be subject to: (1) final acceptance by you and then the insurer prior to the quote expiry date; (2) you undertaking to advise the insurer of any change in the supporting information or additional information that should be supplied to make a quote current, occurring prior to the inception date of any insurance subsequently issued; (3) you having declared all material facts likely to influence a reasonable insurer in determining: (a) whether or not to accept the risk, (b) the premium, and (c) the terms, conditions, exclusions and limitations; and (4) you paying the premium.
When you purchase insurance offered by Cherry Cars, Cherry Auto Finance, Inc. may receive disbursements from any approved insurance claim(s) to cover any repayment still owed on any financed Cherry vehicle .
Your Rights
You may exercise the following rights, subject to legal limitations and applicable exceptions, via our Privacy Policy at cherrycars.com/privacy or by calling (833) 930-2277.
o Right to Know. You have the right to request information about the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the purposes for collecting the personal information, and the categories of third parties with whom we have shared or sold your personal information (“Categories Report”). You may also request information about the specific pieces of personal information we have collected about you (“Specific Pieces Report”).
o Right to Delete. You have the right to request that we delete personal information that we have collected from you.
o Right to Opt Out. You have the right to opt out of the sale of your personal information.
To fully exercise the Right to Opt Out, you must submit an Opt-Out of Sale/Sharing request through customerservice@cherrycars.com.
To the extent required by law, we will honor opt-out preference signals sent in a format commonly used and recognized by businesses, such as an HTTP header field or JavaScript object. We will process opt-out preference signals at the browser level.
In accordance with applicable law, we will not discriminate against you for exercising these rights.
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If you don't agree to the terms contained in this User Agreement, you must immediately exit the Service.
Last Revised and Effective:___________07/10/2023_________
