HipKar.com Terms and Conditions of Use

August 29, 2019


The HipKar.com website (the “Site”) is owned and operated by HipKar, Inc. (or "HipKar"). By using this Site, you explicitly agree to comply with and be bound by the following terms and conditions (“Terms and Conditions” or “Agreement”), and all policies, rules, and instructions, and additional terms posted on or through the Site, all of which are incorporated into this Agreement. By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand, intend to be legally bound by, and accept these Terms and Conditions. HipKar may change these Terms and Conditions at any time. Your continued use of the Site following appropriate notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. At all times, you are bound by the then-current version of these Terms and Conditions and all applicable laws. Please review these Terms and Conditions periodically for changes. Use of HipKar Listings and Private Sale Services HipKar includes a vehicle listing and information service that brings together buyers and sellers, and a secure private vehicle sales platform (“Platform”) through which buyers and sellers can conduct vehicle sales transactions. The information on vehicles provided through these services and on the Site is supplied by the seller or other third parties; HipKar is not responsible for the accuracy of such information. HipKar provides these services and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. HipKar is not a party to any transaction between vehicle buyers and sellers that occurs through the Site or that originates from information found on the Site. Prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing. FOR BOTH THE LISTINGS SERVICE AND THE PLATFORM, HipKar IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SITE. HipKar does not hold or possess title for any vehicle listed for sale on our Site and HipKar is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Site. All buyers and sellers must be at least 18 years old to use the Site and by using the Site, you represent that you are at least 18 years old. Information about a particular vehicle is supplied by the seller, not by HipKar, and the buyer is solely responsible for reading the full vehicle listing before making a commitment to buy. The price and other terms of any sale are arranged after negotiation between the buyer and the seller. HipKar is not responsible for incorrect information given by buyers or sellers, including information regarding vehicles, including but not limited to vehicle mileage, condition, history, or photos of vehicles. AutoCheck Vehicle History reports are provided for informational purposes only from an unaffiliated third-party vehicle report provider, and HipKar is not responsible for any incorrect information or mistakes. We cannot verify the information/photos that sellers supply or guarantee the vehicles they offer. When using this Site, please use common sense and good judgment. When dealing with prospective purchasers/sellers, we urge you to take the same precautions you would take if you were purchasing/selling a car through a classified ad in the newspaper or any other private sales transaction. HipKar MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE OR SOLD ON OUR SITE. VEHICLE SALES ARE BETWEEN THE BUYER AND THE SELLER ONLY. HipKar DOES NOT OWN, INSPECT, BUY, OR SELL, ANY VEHICLES LISTED FOR SALE ON OUR SITE. ANY DISPUTE ABOUT THE CONDITION OF A VEHICLE SOLD THROUGH THE SITE IS BETWEEN THE BUYER AND SELLER ONLY. HipKar DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SITE.In addition, as a Sell My Car seller you represent and warrant: (i) that you are not a motor vehicle dealer or broker, or acting in the capacity as an owner, employee or representative of a dealer or broker, (ii) that all information submitted to HipKar about a particular vehicle and your contact information are accurate and true. In addition, you agree to approve listing descriptions as complete and accurate before publication, (iii) that all relevant vehicle information is included in the listing submission, (iv) that you are prepared to sell the listed vehicle at the price at which it is listed, (v) that you have possession of the actual vehicle listed and the proper authority to transfer title. All applications for credit and/or lending arrangements are through one or more unaffiliated third-party providers over whom HipKar has no control. Any application for credit or lending arrangement, terms, conditions, warranties, or representations associated with any application for credit or lending arrangement, is solely between you and any such third-party provider. HipKar is not responsible or liable for any loss or damage incurred as the result of such application for credit or lending arrangement. One such unaffiliated third party provider, AutoPay, is also solely responsible for the “Purchase Protection Program” for which HipKar has no control or oversight whatsoever. The terms of the “Purchase Protection Program” are available on AutoPay’s website and any agreement, terms, conditions, warranties, or representations through that program or any other similar programs offered now or at any time in the future through AutoPay are solely between you and AutoPay. HipKar is not responsible or liable for any loss or damage incurred as a result of such program. Additional terms that apply to vehicle sales through the Platform: Transfer of Ownership. HipKar will communicate certain information between sellers and buyers (and vice versa) to help facilitate a sale on the Platform, but HipKar does not transfer legal ownership of vehicles from the seller to the buyer. Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. Fees. The fees we charge to sell a vehicle using the Platform are listed on the Platform. We may change our seller fees from time to time by posting the updated fee amount on the Platform. Dedicated Agents. Any guidance we provide in connection with a vehicle sale through the Platform, including guidance provided by our agents, is solely informational and you may decide to follow it or not. Also, while our agents may help facilitate various aspects of a private sale, HipKar has no control over and does not guarantee: the existence, quality, safety or legality of vehicles advertised to be sold; the truth or accuracy of user’s content or listings; the ability of sellers to sell vehicles; the ability of buyers to pay for vehicles; or that a buyer or seller will actually complete a transaction. Disputes. The Platform does not support vehicle returns or cancellations of completed sales. Once a sale through the Platform is complete, any dispute between a buyer and a seller concerning a vehicle sold through the Platform must be addressed directly between the buyer and seller separate to and outside of the Platform. Release. If you have a dispute with a buyer or seller using the Platform, you release HipKar (including our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Processing Payments through the Private Sale Platform Certain vehicle sales transactions through the Platform may use HipKar’ online payment processing services, where HipKar manages receipt of payments on behalf of sellers (such management described herein as "managed payments" or similar references). For vehicles offered for sale on the Platform by sellers using managed payments accounts, such vehicles may be paid for using certain payment methods that HipKar may in its sole discretion make available, and HipKar will manage settlement of the payment to sellers. The contract for sale underlying the vehicle purchase is directly concluded between seller and the buyer in the same manner as for transactions for which HipKar does not manage payments. HipKar may use different third party payment service providers to assist in providing the managed payments experience, including companies that process payments, perform risk assessments or compliance checks, verify identity and validate payment methods. By completing purchases from sellers who use managed payments, buyers authorize HipKar to initiate payments using the buyers' selected payment method and collect the transaction amounts on behalf of sellers. BUYERS AGREE AND UNDERSTAND THAT HipKar HAS BEEN APPOINTED AS AN AGENT OF SELLERS WHO USE MANAGED PAYMENTS FOR THE LIMITED PURPOSE OF ACCEPTING SUCH PAYMENTS ON BEHALF OF SELLERS. Accordingly, payments received by HipKar from buyers satisfy buyers' obligations to pay sellers in the amount of payments received. If you are a buyer completing a purchase from a seller that is using managed payments: In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, high risk or potential violation of any HipKar policies, or a policy of one of HipKar’ third party payments services providers. HipKar or its affiliates may automatically save payments information, such as credit card or debit card numbers, and card expiration dates, or financial and banking account numbers shared by you with HipKar in connection with the managed payments. HipKar will maintain this information subject to our Privacy Policy. You are responsible for maintaining the accuracy of information we have on file, and you will only provide to us information about payment methods that you are authorized to use. You may dispute a transaction or seek returns or cancellations for vehicle purchases in the same manner as you would for transactions through the Platform for which HipKar does not manage payments. You agree to comply with all applicable laws, regulations, rules and terms and conditions in connection with the use of managed payments. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that HipKar has no control over, or responsibility or liability for, such fees or actions. Ownership And Intellectual Property Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, audio and video, footage, animations, podcasts, analyses, studies, reports, downloads, and other content contained herein ("Site Content") is owned by or licensed to HipKar, Inc., and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. The Site Content is Copyright 2019, HipKar, Inc., all rights reserved. HipKar also owns copyright rights in the Site Content as a collective work and/or compilation, and in any and all databases accessible on or through the Site. HipKar, the HipKar Logo, and all other marks displayed on this site (the "Trademarks") are registered and/or common law trademarks of HipKar and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of HipKar or such other party that may own the Trademarks or any licensed copyrights. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or the HipKar’ (or its licensor’s, as applicable) ownership of, such copyrights, Trademarks or any other HipKar’ intellectual property, or assist any third party in doing so. Use of Chat Rooms, Bulletin Boards and Other Interactive Areas The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of automobiles and automotive related services or other content, messages, materials or other items on the Site ("Interactive Areas"). If HipKar provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable automotive area before acting upon any opinion, advice, or information contained on the Site. All statements, information and other content submitted by users are solely the opinions of users, and not of HipKar. By using any Interactive Areas, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the World, in any media, now known or hereafter devised, on or through the Site any of the following: Any message, data, information, text, music, sound, photos, images, graphics, code, marks, logos or other content ("Content") that is unlawful, untrue, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or inappropriate; Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, foreign, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, the Canadian Securities Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, the NASDAQ Stock Market or the Toronto Stock Exchange; Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (including rights of privacy and publicity); Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising or solicitations; Private or personally identifiable information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or Content that, in the sole judgment of HipKar, contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose HipKar or its affiliates or its users to any harm or liability of any type. You further agree that you will not attempt or do any of the following: Interfere with or disrupt the Site or our computer systems, servers, or networks; Attempt to gain unauthorized access to any part of the Site, to accounts that belong to other users, or to computer systems or networks connected to the Site; or Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise. By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant HipKar and its affiliates and sublicensees a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sublicensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display, telecommunicate and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant HipKar and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose in their absolute discretion; and (c) represent and warrant that (i) you own and/or control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site, and to grant the licenses granted herein; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant HipKar the right to pursue at law any person or entity that violates your or HipKar' rights in the Content or breaches of these Terms and Conditions. HipKar takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or in connection therewith, nor is HipKar liable for any mistakes, inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, HipKar is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or any Interactive Area. Although HipKar has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, HipKar reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason and without liability to you or any third party, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect HipKar’ systems and customers, or to ensure the integrity and operation of HipKar business and systems, HipKar may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. HipKar’ right to disclose any such information, as applicable, shall be pursuant to the terms of HipKar’ Privacy Policy. Please see HipKar’ Privacy Policy for the terms of HipKar’ personal data collection and use practices with respect to the Site. By using this Site, you consent to HipKar’ collection and use of personal data as set forth in HipKar’ Privacy Policy. Rights to User Content Content submitted by users will be considered non-confidential and HipKar is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, HipKar reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. HipKar is under no obligation to offer you or make any payment for Content that you submit or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to HipKar. HipKar shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by HipKar or its licensees or sublicensees, successors and assigns; (c) you forever irrevocably waive in favor of HipKar and its successors, assigns, officers, employees, affiliates, agents and sublicensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release HipKar, and its licensees, successors and assigns, from any claims that you could otherwise assert against HipKar by virtue of any such moral rights. Grant of License; Use Of The Site HipKar grants to you a personal, revocable, nonexclusive, non-transferable license to view, download, and print limited portions of the Site Content available in the public areas of the Site subject to the following conditions: (i) you may only do so on an occasional basis for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked "© 2019, HipKar, Inc., All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in/on the Site Content by HipKar; and (v) you may not reproduce, modify, adapt, translate, edit, upload to, transmit, store, further post, mirror, frame, “deep link,” “scrape,” data mine, prepare derivative works from, sell or distribute or publicly display, perform or telecommunicate Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, public display, performance or telecommunication, reproduction, republication, modification, adaptation, translation, editing, storing, transmitting, creation of derivative works, posting, or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of HipKar. To request permission, you may contact HipKar as follows: By electronic mail to: copyright@HipKar.com Or by regular mail to: Editor HipKar, Inc. 2 Canal Park, 4th Floor Cambridge, MA 02141 You may not use Site Content in any manner that suggests the affiliation, sponsorship, endorsement or association with or by HipKar with or of you or any third-party entity, person, product or service unless express written permission has been given by HipKar in advance. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. Any unauthorized use of the Site or the Site Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes. WARRANTY DISCLAIMER HipKar, INC. MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS, AND HipKar, INC. EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. HipKar, INC. ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. HipKar DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT HipKar, INC. HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. LIMITATION OF LIABILITY YOU USE THE SITE AT YOUR OWN RISK AND NEITHER HipKar, INC., ITS AFFILIATES AND SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, HipKar ALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT. IF HipKar IS FOUND TO BE LIABLE UNDER THIS AGREEMENT, INCLUDING FOR DIRECT OR ANY TYPE OF DAMAGES, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (B) $100. YOU AGREE TO INDEMNIFY HipKar AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS. Links To Other Sites The Site contains links to third-party web sites. The linked sites are not under the control of HipKar, and HipKar is not responsible for the contents of any linked site. HipKar provides these links as a convenience, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by HipKar. Linked sites are owned and operated by independent retailers or service providers, and therefore, HipKar cannot ensure that you will be satisfied with their products, services, or business practices. You should make whatever investigation you feel necessary or appropriate, including reviewing their Terms of Use and Privacy Policies, before proceeding with any transaction with any of these third parties. Digital Millennium Copyright Act Compliance HipKar complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on this Site, or if you believe that material posted on this Site infringes a copyright that you hold, you may contact our Designated Agent at the address provided below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements: A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed 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 HipKar to locate the material; Information reasonably sufficient to permit HipKar to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted; A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Designated Agent for notice of copyright infringement claims may be reached as follows: Editor HipKar, Inc. 2 Canal Park, 4th Floor Cambridge, MA 02141 copyright@HipKar.com HipKar.com Short Code Terms of Service HipKar will only send you an SMS message when you explicitly request it. You can prevent HipKar from sending you SMS messages at any time. Just text "STOP" to 64142. After you send the SMS message "STOP", HipKar will send you an SMS message to confirm that your request has been processed. After this, you will no longer receive these SMS messages. If you want to be able to receive SMS messages from HipKar again, just text "START" to 64142. If at any time you forget what keywords are supported, just text "HELP" to 64142. After you send the SMS message "HELP", HipKar will respond with instructions on how to use our service as well as how to block future messages. HipKar is able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). As always, message and data rates may apply for any messages sent to you from HipKar and to HipKar from you. You will receive one message per request. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to sms_support@HipKar.com. If you have any questions regarding privacy, please read the HipKar privacy policy: https://www.HipKar.com/Cars/privacyPolicy.html. Applicable Law and Jurisdiction The Site (excluding links to third-party sites) is owned and controlled by HipKar, and operated by HipKar from its offices in and around Cambridge, MA. While HipKar has made no effort to publish the Site elsewhere, because this Site is published on the World Wide Web it is accessible in all fifty states of the United States, Canada and in other countries. Each of these places has laws that may differ from those of Massachusetts and from each other. You and HipKar both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and HipKar explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law principles. You agree that all claims you may have against HipKar arising from or relating to the operation or use of this Site will be heard and resolved according to the Section below captioned “Dispute Resolution – Mandatory Arbitration and Class Acton Waiver.” If you chose to access this Site from locations other than Boston, MA, you will be responsible for compliance with all local laws of such other jurisdiction. DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER 1. Binding Arbitration Except as specifically stated herein, any dispute or claim between you and HipKar arising out of, or relating in any way to, the Terms and Conditions, the Site, content, or your use of the Site or the Interactive Areas (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court in Middlesex County, Massachusetts. By virtue of this Arbitration Agreement (defined below), you and HipKar is each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section). The provisions of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall constitute your and HipKar’ written agreement to arbitrate Disputes under the Federal Arbitration Act (“Arbitration Agreement”). Any modification to this Arbitration Agreement, to be effective, must be in writing and signed by you and HipKar. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned decision or award. To begin an arbitration proceeding, you must comply with the limitations provision set forth in subsection 5 below of this DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: Attn: Director of Legal, HipKar, Inc., 2 Canal Park, Cambridge, MA 02141. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Cambridge, Massachusetts, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside (which county must be in the continental United States of America). 2. No Class Action Matters We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, consolidated or representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator shall not have the power to vary these provisions. 3. Choice of Law and Forum; No Jury Trial If for any reason a Dispute proceeds in court: (a) you agree that any such Dispute may only be instituted in a state or federal court of competent subject matter jurisdiction located in Middlesex County, Massachusetts; (b) you and HipKar irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes, stipulate to the fairness and convenience of such courts and covenant not to assert any objection to proceeding in such courts; (c) you and HipKar agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (d) you and HipKar agree to waive any right to a trial by jury. 4. Injunctive Relief Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the ”Ownership And Intellectual Property” section of the Terms of Use(“Your Conduct”). 5. Time Limitations If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred. 6. Severability If any part of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section is ruled to be unenforceable, then the balance of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. Assumption of Risk You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although HipKar has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, HipKar is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. HipKar shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site. Modifications to the Site HipKar may change, restrict access to, suspend, or discontinue any aspect of the HipKar.com service or the Site at any time, including availability of any feature, database, or content. HipKar may also impose limits on certain features and services or restrict your access to all or parts of the HipKar.com web site without notice or liability. HipKar may remove any review from the Site if HipKar determines, in its sole discretion, that the review may be false or fraudulent. HipKar may exclude or remove vehicle prices from the Site if HipKar determines, in its sole discretion, that the prices violate Guidelines for Dealer Pricing and Marketing, which are accessible to vehicle dealers at https://www.HipKar.com/Cars/DealerPricingPolicy.html. HipKar may exclude or remove from the Site embedded contact information in images, often known as "Watermarking," if HipKar determines in its sole discretion that such information is embedded with the intent of circumventing the HipKar lead routing process. HipKar reserves the right (but assumes no obligation) to delete, move, condense or edit any content on the Site that comes to HipKar' attention and that HipKar considers unacceptable or inappropriate, whether for legal or other reasons. Termination You agree that we may, under some circumstances and without prior individual notice to you, terminate your use of and access to any of the parts of the Site to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of these Terms and Conditions or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Site, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Site or any part of the Site. Miscellaneous This agreement may not be assigned by you without the prior written consent of HipKar. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. HipKar may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion. These terms and Conditions shall inure to the benefit of and be binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives. If any provisions of this agreement are held to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, any such provision(s) shall be enforced to the maximum extent permissible so as to effect the intent of the parties and shall not affect the validity or enforceability of any other provisions herein, and the remainder of this Agreement shall continue in full force and effect. Any waiver of any provision herein, to be effective, must be in writing signed by an authorized officer of HipKar, and shall not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision. Entire Agreement/Reservation of Rights These Terms and Conditions and HipKar’ Privacy Policy represent the entire agreement between you and HipKar with respect to your access to or use of any material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and HipKar with respect to same. Any rights not expressly granted under this Agreement are reserved.