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1. Acceptance of Terms

Welcome to the Visitors Agreement for Autoquake.com ("Agreement.). By using the Autoquake.com ("Autoquake.com", "we," "us," or "our") website, www.autoquake.com, and Service, you agree to abide by the Agreement and by our Privacy Policy. These are legally binding agreements between you and Autoquake.com. If you do not agree to be bound by the Agreement you must immediately stop using the website and services.

From time to time, we may modify the terms and conditions of the Agreement without prior notice. If we do so, we will post the amended Agreement on the Sites. It is your responsibility to review the Agreement regularly to determine whether it has been changed. If you continue to use the Service after any amendments are posted, you agree to accept the Agreement as amended.

If you are under 18 years old, you may only use the Autoquake.com website and services with the involvement of a parent or guardian.

Effective date: 27 November 2007

2. Description of Service

Autoquake.com allows businesses to sell cars directly to consumers through marketplaces such as eBay and classifieds. Autoquake.com offers an end-to-end solution to the customer from pick-up of the cars from the seller to delivery to the buyer in the UK. We clean the cars, photograph them, create attractive online listings, store the car and handle the sales process and payment. It also offers ancillary services such as financing and warranties (the "Service").

3. Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your visit to Autoquake.com, to understand our practices.

4. Access to Autoquake.com

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will make best effort to limit the frequency and duration of any such suspension or restriction.

5. Your conduct

You acknowledge and agree not to use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way; to send, use, reuse, disseminate or copy any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; to cause annoyance, inconvenience or needless anxiety. You understand and agree that you, and not Autoquake.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You acknowledge and agree not to use the website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.

6. Intellectual Proprietary Rights

You acknowledge and agree that the website and Service uses and contains proprietary and confidential technology and information owned and operated by or licensed to Autoquake.com., and protected by applicable intellectual property and other laws and international treaties.

All content and any portions of listings of this website is the exclusive property of Autoquake.com and is protected in accordance with English law and subject to the exclusive jurisdiction of the English Courts and international copyright, authors-rights and database right laws. You acknowledge and agree not to extract and/or re-utilise, reproduce, duplicate, redistribute, republish, copy, sell, resell, transmit, display, download, alter any portion of it, adapt, broadcast or transmit any text, images, graphics, logos, images, audio clips, digital downloads, data compilations or otherwise exploited for any commercial purpose any content or any portions listings, including product listings, descriptions, or prices of this website, source code or software. You acknowledge and agree not to utilise any data mining, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any parts of this website without the written consent of Autoquake.com.

AUTOQUAKE, and THE AUTOQUAKE LOGO and other marks indicated on our website are trademarks or registered trademarks of Autoquake.com Inc. in the United Kingdom, European Union and/or other jurisdictions. Without Autoquake.com's prior permission, you agree not to display or use in any manner the Autoquake.com Trademarks.

If you believe that any content on or advertised for sale on, the website contains a defamatory statement, please notify us immediately at copyright@autoquake.com. Once this procedure has been followed, Autoquake.com will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Autoquake.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

7. Links

The Autoquake.com website contains links to third-party websites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party websites. You acknowledge and agree that that Autoquake.com under no circumstances is responsible for the content or accuracy of materials on such third-party websites. You further acknowledge and agree that Autoquake.com shall not be responsible or liable, directly or indirectly, for any damage, loss or injury caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should carefully review their terms and conditions and privacy statements and other conditions of use. If you decide to access linked third-party websites you do so at your own risk.

8. Advertising

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Autoquake.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

9. Buying

The information contained in our listing descriptions is for information purposes only. Autoquake.com makes every effort to provide listing descriptions that are accurate, correct and objective and, that the descriptions fairly and adequately depict the type, condition and image of vehicles at the time of sale. However, we give no warranties, conditions, guarantees or representations, express or implied, as to the completeness, accuracy, comprehensiveness or verification of the advice and information related to the goods or services contained on the Website or any website to which it is linked; to the condition or suitability of goods; to the content of the advertisements for vehicles included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such vehicles; or to the completeness of the results of any search of our database or that the vehicles selected by the search are the only vehicles on our database which might meet the searcher's requirements. When using our website or our Services you acknowledge and agree that you and not Autoquake.com are liable for any claims or losses of any nature, arising indirectly or directly from purchasing a vehicle solely based in the information provided in our listing description.

Autoquake.com welcomes you to visit our premises to physically see, inspect, and test drive the vehicle that you are considering for purchase.

You acknowledge and agree that the car will not be released to you until all funds have cleared. You understand that the legal title of the vehicle will be passed from the Seller to you at the point of cleared funds.

10. Termination

Termination of your Autoquake.com account includes without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your account, including the removal of access to all offerings within the Service, the deletion of your password and all related information, files and content associated with or inside your account or any of your item listings and barring of further use of the Service: (a) if you breach this Visitor Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability; (d) requests by law enforcement or other government agencies, (e) a request by you (self-initiated account deletions); (f) unexpected technical or security issues or problems; (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made in Autoquake.com sole discretion and that Autoquake.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

11. Customs

When ordering goods and services from Autoquake.com for delivery overseas you may be subject to import duties and taxes, which are levied once the item reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Autoquake.com your transaction will take place in the UK and as such you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

12. Indemnity

You agree to indemnify and hold harmless that Autoquake.com (including its officers, directors, employees, agents, subsidiaries, and affiliates) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any corruption or loss of data, goodwill, wasted expenditure or reputation, business interruption, or any special, indirect or consequential damages even if Autoquake.com has been advised of the possibility of such damages (however arising, including negligence), liability claim or demand, including reasonable legal, expert and accounting fees, costs and expenses arising out of or relation to (a) your use or the inability to use the Website or the Service (b) any other breach of this Visitor Agreement by you or (c) any breach of your representations and warranties set forth above that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of services by us to you was formed. Autoquake.com does not limit in any way our liability by law for death or personal injury, pain and suffering or emotional distress caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

You agree to indemnify and hold harmless Autoquake.com from any claim, suit, action, demand, loss, and damages, including without limitation reasonable legal, expert and accounting fee, costs, and expenses, made or incurred by any third party arising out of your breach of this Visitor Agreement or relating to your use of the service, your use of content accessed from the sites or service, your violation of this Visitors Agreement, and/or your violation of any law or the rights of a third-party.

13. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
The Service and the Website (including any software) is provided on an "as-is" and "as available" basis. Any use of the Service is at your own risk. To the maximum extent permitted by applicable law, Autoquake.com and its subsidiaries, affiliates, officers, directors, employees, agents, and licensors expressly disclaims all warranties, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Autoquake.com makes no representation or guarantee that the Service will be free from loss, damage, destruction, corruption, interference, viruses, worms, bugs, trojan horses, attacks, hacking, or other security breaches; and Autoquake.com' disclaims any liability relating thereto. Autoquake.com cannot guarantee and do not promise any specific results from use of the Service and the Website. No advice or information, whether oral or written, obtained by you from us, or from or through the Website or the Service shall create any warranty not expressly stated herein.

The Service may be unavailable from time to time for maintenance or other reasons. Under no circumstances shall Autoquake.com be held liable for any error, omission, interruption, deletion, loss, corruption, defect, delay, theft, destruction, unauthorized access to, or alteration of communications, or any other delay or failure in performance. Without limiting the foregoing, Autoquake.com shall not be held liable for any problem, technical malfunction, or failure of the Internet or any telecommunications equipment, network, or line, traffic congestion on the Internet or at any website or combination thereof, computer online system, server or provider, computer or other equipment, e-mail, media player, or other software or hardware - whether resulting from technical problems, traffic congestion on the Internet or at any Website or combination thereof, or any other reason. Autoquake.com shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond Autoquake.com's reasonable control, including without limitation other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heating, lighting, or air conditioning. Autoquake.com world shall not be held liable for any loss, damage, injury, or death of any person, or any loss or damage to any computer or other equipment, resulting directly or indirectly from participation in the Service, from accessing or using Content or other materials in connection with the Service, and/or from any other reason set forth herein. Without prior notice, Autoquake.com may modify, suspend, or discontinue any part of the Service (including any Content) or your use of them; and in the event Autoquake.com does so, it will not be liable to you or any third party.

14. Governing law and jurisdiction

You acknowledge and agree that the Agreement and the relationship between you and Autoquake.com shall be governed in accordance with English law and subject to the exclusive jurisdiction of the English Courts without regard to its conflict of law principles. You agree to personal jurisdiction of the English Courts.

15. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.