VISITOR AGREEMENT

Thank you for your interest in GoGoCar This GoGoCar Visitor Agreement and Terms of Use (the “User Agreement”) 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"). The terms “you” and “your” also refer to you as a user of our websites and mobile and other online applications (“gogocar.com” or, collectively, the GoGoCar Sites”) and the terms GoGoCar,” “we,” “us,” and “our” refer to GoGoCar LLC. This User Agreement governs the GoGoCar Sites and each product or service, regardless of how distributed, transmitted, published, or broadcast provided by GoGoCar, its parent, subsidiaries and/or affiliates (the “Services”). Any financial product or service that you may obtain from us through the GoGoCar Sites is also subject to our Financial Privacy Policy.

Please read this User Agreement carefully. You can access this User Agreement any time in the footer of the GoGoCar.com home page or initial screen. Your access, visitation and/or use of the GoGoCar Sites, including without limitation any registration on any aspect of the GoGoCar Sites, will constitute your legally binding agreement to this User Agreement and the Privacy Policy. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND OUR PRIVACY POLICY, YOU MAY NOT ACCESS, VISIT AND/OR USE THE GoGoCar SITES, OR OBTAIN ANY OF THE SERVICES.

I. GENERAL

1. When using the GoGoCar Sites, you may be subject to other posted terms and guidelines applicable to specific Services. All terms and guidelines on the GoGoCar Sites, including our Privacy Policy, are part of this User Agreement. Accessing the GoGoCar Sites in any manner, even through automated means, constitutes your use of the GoGoCar Site in question and your agreement to be bound by this User Agreement. GoGGoGoCaroCar may change the terms of this User Agreement from time to time and will revise the effective date when it does so. Your continued use of any of the GoGoCar Sites after the posted effective date constitutes your agreement to be bound by this User Agreement, as modified, except that modifications do not apply to any dispute arising prior to their effective date. GoGoCar may change, restrict access to, suspend, or discontinue any of the GoGoCar Sites or any of the Services, or any portion thereof, at any time.

2. If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the GoGoCar Sites or to any of the Services, whether listed in this User Agreement and Privacy Policy, posted at various points in the GoGoCar Sites, or otherwise communicated to users of the GoGoCar Sites, we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the GoGoCar Sites or any portion thereof, or your ability to access, obtain and make use of any or all of the Services, 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 GoGoCar Sites or any or all of the Services. 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 and enforce the User Agreement and 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 User Agreement.

3. The material that appears on the GoGoCar Sites is for general informational purposes and to assist you in purchasing or leasing a new vehicle only. While we aim to provide a site that is useful, be mindful that the site may, from time to time, contain errors. The GoGoCar Sites include materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this website, and you should not rely on it without independent verification.

4. In the event of any conflict or inconsistency between the terms and conditions of this User Agreement, the Privacy Policy 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 the Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the GoGoCar Sites or otherwise communicated to users of the GoGoCar Sites, the terms of this User Agreement and Privacy Policy shall control.

5. Among other things, the User 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 GoGoCar Sites, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers.

6. 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 available on or through, or downloadable from, the GoGoCar Sites or made available through the Services, including without limitation any Content in your account or profile. This includes updates or upgrades to Content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the GoGoCar Sites may not be consistent across all platforms, computers, or devices. If you do not refresh the GoGoCar Sites 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, 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 is removed from your account or 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 may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties.

7. We invite you to bring to our attention any Content on the GoGoCar Sites that you, in good faith, believe to be inaccurate, erroneous, incomplete or inapplicable due to expiration or that appear to be unreliable. Please forward a copy or description (including page location if possible) of the Content to our Customer Service Manager, along with an explanation of the inaccuracies, errors or other issues you find with such Content. We will investigate as soon as reasonably possible and you may or may not hear back from us as to the resolution of the issue raised, although we will strive to do so whenever possible.

8. 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”).

II. BUYING AND SELLING VEHICLES

1. GoGoCar is a vehicle selling and buying, and information service, that brings together buyers and dealers, and assists buyers in the tradein of their used vehicle and in the financing of the purchase or lease of their new vehicle. GoGoCar is not a party to any transaction between vehicle buyers and dealers that originates on or through the GoGoCar Sites or by using the Services. Information about a particular vehicle is supplied by the selling dealer, not by GoGoCar. The price and other terms of any sale or lease remain subject to the completion of any documentation necessary to complete the purchase or lease by you of a particular vehicle from a selected dealer.

2. Though we expect all dealers who offer vehicles for sale or lease using the GoGoCar Sites to provide accurate information and to comply with all laws, we cannot verify the information that dealers supply or guarantee the vehicles they offer. Nor can we assure the dealer selling or leasing a vehicle that the payment he or she receives from the buyer is legitimate.

3. Buying a Vehicle

  • (a) The firm price of a vehicle submitted by a dealer on the GoGoCar Sites will initially exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing, and compliance fees. All such taxes, fees and charges will be added to the final sale price of a particular vehicle. Before purchasing or leasing a vehicle or any other good or service you have read about on the GoGoCar Sites, you should confirm with the selling dealer any information, including the price, which is important to your purchasing decision. GoGoCar is not responsible for, and does not guarantee the performance of, any such vehicles offered to you by a dealer, or any other goods or services offered and purchased or researched using the GoGoCar Sites.

  • (b) We may monitor the progress of a transaction for the purchase or lease of a vehicle offered to you by a dealer on the GoGoCar Sites. If it appears that your transaction is not progressing, may contact you via chat, email, telephone or other methods to determine if you are still interested in the vehicle, or to assist you with the Services offered to you via the GoGoCar Sites.

  • (c) All vehicles offered by dealers on the GoGoCar Sites are new from the manufacturer and subject to each manufacturer’s limited warranties for the vehicle. While GoGoCar believes that all information regarding war ranties on particular vehicles or from manufacturers to be correct, the manufacturer is responsible for the accuracy of any warranty information provided through the GoGoCar Sites. You should familiarize yourself with the terms of the applicable new vehicle warranty before buying or leasing a vehicle by accessing the Services provided through the GoGoCar Sites.

  • (d) We reserve the right to post, from time to time, additional rules that apply to certain portions of the GoGoCar Sites, or the GoGoCar Sites as a whole, or portions of the Services. Such additional rules will be posted in the relevant portions of the GoGoCar Sites, and are hereby incorporated into the User Agreement by this reference. Your continued access, visitation and/or use of the GoGoCar Sites constitutes your agreement to comply with these additional rules.

  • (e) The rules, restrictions, limitations, terms and conditions that apply to the GoGoCar Sites, whether listed in this User Agreement and Privacy Policy, posted at various points in the GoGoCar Sites, 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, or Content that augment or enhance the GoGoCar Sites, including the release of updates, upgrades, new products and/or services, shall be subject to the terms and conditions of the User Agreement.

III. THIRD-PARTY SERVICES

We may include applications or widgets from social media providers that allow interaction or content sharing by their users. These widgets, such as a Facebook "Share" or "Like" button, are visible to you on the web page you visit. Integration between the GoGoCar Sites and social media networks such as Facebook, Twitter and others may allow social media networks in which you participate to collect information about you, even when you do not explicitly activate the network's application or widget. Please visit the applicable social media network's privacy policy to better understand their data collection practices and choices they make available to you. The privacy policy of the social media network controls the collection, use and disclosure of all personal information transmitted to that network.

Advertising networks

1. For your convenience, we make available a variety of interfaces and/or links to other service providers and their websites that we do not operate where you can obtain automotive-related products and services, including financing, tradein services, inspection services for your tradein, insurance, extended warranties, and dealer products and services (such as pre-paid service contracts and other dealer installed or provided options and services).

2. If you choose to purchase a vehicle using the Services available using the GoGoCar Sites, you will be given an opportunity to inspect the vehicle before finalizing your purchase or lease and taking delivery. A pre-delivery is not a guarantee that the inspected vehicle is free from defects, but the dealer is required to deliver to you the same vehicle with the same options and services as were listed in the online purchase contract that was presented to you via the GoGoCar Sites. You are responsible for coordinating and arranging the pre-delivery inspection of the vehicle. You release GoGoCar and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or lease of a vehicle using the GoGoCar Sites or by availing yourself of any of the Services.

3. Although we use interfaces and/or links to the websites of third-party providers of products and services, we are not responsible for the prices, terms, quality, reliability, or performance of the products or services provided by them. Your correspondence or business dealings with, or participation in the promotions of, vendors or other third parties found on or through the GoGoCar Sites, including payment and delivery of the vehicle and any products or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred as the result of such dealings with or the presence of such third parties on or through our website.

4. For your convenience, we make available interfaces and/or links to websites operated by dealers that offer their vehicles to you for purchase or lease on the GoGoCar Sites. Although we or our affiliates may power some of these dealer websites, we are not responsible for any of the content that appears on these websites, including, without limitation, promotional contests and sweepstakes offers.

IV. OWNERSHIP AND PERMISSIONS

1. The GoGoCar Sites are provided to our end users for their personal, non-commercial use only. The materials on the GoGoCar Sites are the property of GoGoCar or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this User Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the GoGoCar Sites. You may display and occasionally print a single copy of any page of one of the GoGoCar Sites being accessed by you for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this website without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on any of the GoGoCar Sites in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on the GoGoCar Sites should be sent to our Customer Service Manager, GoGoCar LLC, 3000 Hempstead Turnpike, Suite 420, Levittown, New York 10756 or to Customer Service.

2. You are free to establish a hypertext link to any of the GoGoCar Sites so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by GoGoCar or any of our affiliates. However, without our prior written permission, you may not frame any of the content of the GoGoCar Sites, nor incorporate into another website or service any intellectual property of GoGoCar or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in this User Agreement should be sent to our Customer Service Manager, either by email or to the mailing address above.

3. gogocar.com, GoGoCar, and the gogocar.com logos are all trademarks owned by us or our licensors. The names of other products and services referred to on the GoGoCar Sites may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the GoGoCar Sites without the prior written consent of the owner of the mark.

4. You acknowledge that by transmitting or posting any material on or through the GoGoCar Sites or by using any of the Services, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the GoGoCar Sites or as a result of you availing yourself of any of the Services. Among other uses of user materials, GoGoCar uses listings data to derive useful information (such as vehicle valuation information) for display, sale and distribution.

V. USER CONTENT

1. The GoGoCar Sites allow users to publish listings, ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this User Agreement and to the policies of their third-party providers.

2. You assume total responsibility and risk for your use of any interactive areas of the GoGoCar Sites. You acknowledge that any of the Content posted or transmitted through the GoGoCar Sites by dealers or other persons or entities (including third party vendors) represent the views of the author, and not of gogocar.com. While we believe that all Content on the GoGoCar Sites is accurate, correct and reliable, you also acknowledge that your use of or reliance on such Content is at your own risk.

3. When using any of the GoGoCar Sites or using any social media tools or interactive features, you agree that you will not post or transmit:

  • (a) any copyrighted material unless you own or control the copyright in and to such material;
  • (b) material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation; material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
  • (c) profanity in subject lines, messages, or signatures;
  • (d) any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
  • (e) material that breaches another’s privacy, i.e., containing phone numbers, addresses, or other personal information;
  • (f) spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
  • (g) material that contains advertisements or commercial solicitations; or
  • (h) material discussing illegal activities or linking to websites that deal with such activities.



4. You further agree that you will not attempt or do any of the following:

  • (a) interfere with or disrupt the GoGoCar Sites or our computer systems, servers, or networks, or the websites, computer systems, servers or networks of our third party service providers accessible by using the GoGoCar Sites;
  • b) attempt to gain unauthorized access to any part of the GoGoCar Sites, or the websites, computer systems, servers or networks of our third party service providers accessible by using the GoGoCar Sites or any of the Services made available to you, to accounts that belong to other users, or to computer systems or networks connected to the GoGoCar Sites;
  • (c) engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise;
  • (d) collect information about others without their consent;
  • (e) interfere with the use of the GoGoCar Sites or the websites of our third party service providers by any other individual or party;
  • (f) impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
  • (g) share any user name and/or password you have on the GoGoCar Sites or any websites of any third party service providers with any other persons.

5. Without limiting any of GoGoCar’s other rights or remedies, a violation of any of the above may result in the suspension or termination of your access to the GoGoCar Sites, removal of any content you have transmitted or posted using the GoGoCar Sites, revocation of any accounts you have on any of the GoGoCar Sites, or on our affiliated websites and services, and/or a ban from creating new accounts or using the GoGoCar Sites in the future.

6. Although GoGoCar cannot monitor all of the offers from dealers and content posted to the GoGoCar Sites, we reserve the right (but assume no obligation) to delete, move, condense or edit any content, including any ads, ratings, reviews, or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this User Agreement or our Privacy Policy. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this User Agreement or the Privacy Policy, or to protect the rights, property or safety of visitors to the GoGoCar Sites, our dealer partners, the public, us or our affiliates. Notwithstanding the foregoing, GoGoCar takes no responsibility and assumes no liability for any content posted to our website by you or by third parties.

7. We may monitor activity on the GoGoCar Sites to foster compliance with this User Agreement by users, including by our third party service providers and the participating dealers submitting offers. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties or guarantees that: (a) the GoGoCar Sites, or any portion thereof, will be monitored for accuracy or unacceptable use, or (b) 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 this User Agreement.

VI. TERMINATION

You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of the GoGoCar Sites 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 this User Agreement, the Privacy Policy 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 website, (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 website or any part of the website.

VII. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION

1. IF YOU RELY ON THE GoGoCar SITES FOR ANY INFORMATION, VEHICLE, OTHER PRODUCT, OR THE SERVICES AVAILABLE THROUGH THE GoGoCar SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE GoGoCar SITES. THE GoGoCar SITES ARE PROVIDED TO YOU "AS IS." GoGoCar AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE GoGoCar SITES (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, MADE AVAILABLE THROUGH, OR SOLD THROUGH THE GoGoCar SITES). NOR DO WE OR THEY GUARANTEE THAT THE GoGoCar SITES AND THE WEBSITES OF SUCH THIRD PARTY SERVICE PROVIDERS WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE GoGoCar SITES AND ANY WEBSITES THAT YOU ACCESS USING THE GoGoCar SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GoGoCar AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS WEBSITE BY YOU OR ANY THIRD PARTY.

2. UNDER NO CIRCUMSTANCES WILL GoGoCar OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE GoGoCar SITES OR ANY WEBSITE THAT YOU ACCESS USING THE GoGoCar SITES, OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED, PROMOTED OR MADE AVAILABLE TO YOU ON THE GoGoCar SITES, 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. YOU AGREE THAT THE LIABILITY OF GoGoCar AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE GoGoCar SITES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE GoGoCar SITES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THE GoGoCar SITES.

3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.

4. YOU AGREE TO INDEMNIFY GoGoCar AND ITS SUBSIDIARIES, AFFILIATES, THIRD PARTY SERVICE PROVIDERS AND LICENSORS, AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE GoGoCar SITES OR ANY BREACH OF THIS VISITOR AGREEMENT.

VIII. REGISTRATION

1. To obtain access to certain Services (for instance, to tradein your vehicle, purchase or lease a new vehicle, or to finance your purchase), you may be required to register on the GoGoCar Sites. You may also be asked to register on the websites of our third party vendors, or of the selling dealer. As part of the registration process, you will be required to select a user name and a password. You may provide a credit, debit, or charge card number, or other payment information, as well as your name, telephone number(s), email and/or street address, and 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). We may use and share your information supplied as described in our Privacy Policy.

2. You agree that the information you supply during that registration process will be true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else (including, registering under the name of another person or using a false name or pseudonym) when registering and/or setting up an account/profile on the GoGoCar Site. If any of your information supplied at the time of registration changes, you must update it promptly by using the mechanism or contact information on the GoGoCar Sites that allows you to change or update your registration information, if available. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed.

3. We reserve the right to disallow use of a user name that we deem offensive or inappropriate, and further 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 GoGoCar Sites, the GoGoCar Sites as a whole, or any of the Services.

4. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the GoGoCar Sites through any username/password assigned to you. You may not authorize or permit anyone else to access and/or use your registration information, or access, visit and/or use the GoGoCar Sites by use of your account/profile and/or registration information. You may not access and/or use anyone else's Registration Information, or access, visit and/or use the GoGoCar Sites 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 this User Agreement.

5. You are solely responsible for all access or visitation to, usage of, or activity on, your account or profile including, but not limited to, use of the account and 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 agree that we may, and you specifically authorize us to, process all transactions, including without limitation purchases and/or registration for additional Services, including without limitation Content, that are initiated by use of your registration information.

6. If you have reason to believe that your account or 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 information by using the mechanism or contact information on the GoGoCar Sites and/or close the account or profile. You will notify GoGoCar’s Customer Service Manager of any known or suspected unauthorized use of your account via email.

7. GoGoCar reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Statement.

IX. NOTICE OF COPYRIGHT INFRINGEMENT

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending an email to legal@gogocar.com or by sending a notice by U.S. Mail to: GoGoCar LLC, 3000 Hempstead Turnpike, Suite 420, Levittown, New York 10756, Attn: Legal Department/Copyright. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the gogocar.com website the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

X. MISCELLANEOUS

The GoGoCar Sites are based in the United States. They are not designed, customized or intended for, or directed to, any other country. Those who choose to access, visit and/or use the GoGoCar Sites or access and make use of any of the Services 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 GoGoCar Sites, or any of the Services, including any merchandise, products, services, and/or Content available on or through the GoGoCar Sites, are appropriate, available, or legal in any particular geographic location.

In any dispute between us, your sole remedy is to stop using your account/profile and/or the GoGoCar Sites. This includes any dispute related to or arising out of: (i) rules, restrictions, limitations, terms and conditions that apply to the GoGoCar Sites, whether listed in this User Agreement and Privacy Policy, posted at various points in the GoGoCar Sites, 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 available on or through the GoGoCar Sites, or any edits, deletions, additions, or other changes thereto; or (iv) your ability or inability to access, visit and/or use portions of the GoGoCar Sites, or the GoGoCar Sites as a whole, or features, functionality, and/or Content available on or through the GoGoCar Sites.

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. In the event of any court action, all disputes will be resolved individually, without resort to any class action, and you specifically waive your right to a trial by jury. Furthermore, you agree that any cause of action must commence within one (1) year after the underlying issue first arose; otherwise, you waive any right to bring such cause of action and such cause of action is permanently barred.

You agree that, regardless of where you access, visit and/or use the GoGoCar Sites or avail yourself of any of the Services made available through the GoGoCar Sites, all issues concerning the construction, validity, interpretation and enforceability of the User Agreement shall be governed and construed in accordance with the laws of the United States, in the particular State where GoGoCar is headquartered, without regard to any principles of conflict of laws. Any disputes that result in court action will be resolved exclusively by a state or federal court located in the U.S. State where the GoGoCar Sites 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 GoGoCar is headquartered, and any other laws, the conflict will be resolved in favor of the laws of such U.S. State where GoGoCar 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.

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, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of the User 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 User Agreement will continue to be valid and enforceable in full force and effect.

Please report any violations of this User Agreement to our Customer Service Manager.