KOOPCARS

Terms of Use

Last updated: June 20th, 2022

These Terms of Use ("Terms") apply to your access to and use of our website and other online products and services (collectively, the "koopcars.com Services" or "Services") provided by koopcars.com. ("koopcars.com", "we" or "us"). PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISIONS IN SECTIONS 21 AND 22, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 21 OR 22.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 17.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

We may supply different or additional terms (including, but not limited to, the terms of social media services, and third-party fulfillment providers) in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such by providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at support@koopcars.com.

1. Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

2. Eligibility

You must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.

If you are registering to use the koopcars.com on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are authorized by such legal entity to act on its behalf.

If you use our Services on behalf of another person or entity: (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

Additionally, to use the Services, you must not: (a) have previously been suspended or removed from using koopcars.com and (b) be violating any other agreement to which you are a party by agreeing to these Terms.

3. User Accounts and Account Security

You may need to register for an account with koopcars.com. If you register for any account in connection with our Services, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security and confidentiality of your login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. Additionally, you may only register for koopcars.com account if you are legally permitted to, and do, live in the United States or one of its territories. We reserve the right to reclaim koopcars.com account usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, to those usernames.

4. Koopcars.com Services

A. Posting Items

Koopcars.com allows you to post items for sale by uploading pictures and providing item descriptions. You can post all items with our website without charge.

5. Buying and Selling

When a buyer and seller agree on a price for an item posted for sale on koopcars.com, they have different options for completing the transaction.

If a buyer and seller agree, items may be paid for outside of koopcars.com, such as by cash, check or other payment method agreed upon. Such payments are made directly between the buyer and the seller when they complete their transaction, pursuant to terms they determine. Koopcars.com is not a party to such transactions, does not facilitate such transactions, and cannot assist with refunds or returns related to such transactions in any manner.

6. User Consent

Our Services allow you and other users to create, post, store and share content, including but not limited to messages, text, photos, graphics, videos, software, code, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and koopcars.com.

You grant koopcars.com a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user's name, likeness, or identity in connection with the koppcars.com Services does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through koppcars.com Services any User Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Is, in our judgment, disrespectful, inappropriate, or may expose koopcars.com, our users or others to harm or liability;
May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
Includes any statements or claims that do not reflect your honest views and experiences;
Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;
Contains any private information of any third parties, including addresses, phone numbers and payment card information; or
Contain viruses, corrupted data or other harmful, disruptive, or destructive files.

Koopcars.com assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although koopcars.com has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

7. Prohibited Conduct

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services. Without limiting the forgoing, you will not:

Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or any networks connected to our Services in any manner;
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Sell, resell or commercially use the koopcars.com Services except as expressly permitted by us;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Provide false, inaccurate or misleading information to koopcars.com or our service providers, including when registering for a koopcars.com;
Impersonate or post on behalf of any person or entity or otherwise misrepresenting your affiliation with a person or entity;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, including our underlying content and source code, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, obscure or disable any advertisements that appear on or through the Services, or otherwise make any derivative works based upon our Services;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Use koopcars.com Services to infringe or violate the intellectual property rights or any other rights of anyone else.

You will establish and use your koopcars.com account only in accordance with any guidelines issued by koopcars.com. Without limiting the forgoing, you will not:

Create more than one account;
Transfer your account to another user;
Attempt to obtain the password, account information, or other security information of another user; or
Attempt to use another user's account without authorization from that user and koopcars.com.

If you engage in any of the conduct described above or similar conduct, koopcars.com may suspend or terminate your right to access the website. Enforcement of this Section 7 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

8. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by koopcars.com’s posters/users or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license ("License") to access and use our Services.

9. Suspension; Termination

Koopcars.com may revoke or terminate your License to access or use the koopcars.com Services for any reason without notice at our sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to koopcars.com, or any other koopcars.com product or service, or (iii) use koopcars.com Services other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using koopcars.com Services immediately if koopcars.com suspends or terminates your License to access or use our website. Koopcars.com reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the koopcars.com Services during suspension or after termination. Koopcars.com may recover its reasonable attorneys' fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the koopcars.com Services is suspended and after it is terminated.

10. Trademarks

Koopcars.com, koopcars.com.com, and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Koopcars.com and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Koopcars.com Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

11. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Koopcars.com or our Services (collectively, "CONTACT"). You understand that we may use information you submit via CONTACT for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Koopcars.com Services by using the information in Koopcars.com's sole discretion. You understand that Koopcars.com may treat information as nonconfidential.

12. Copyright & Intellectual Property Complaints

You may report alleged intellectual property rights violations or counterfeit items to Koopcars.com through our Intellectual Property Report Form.

Furthermore, in accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Koopcars.com via email address below:

E-Mail Address: ip@koopcars.com.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Koopcars.com for certain costs and damages.

13. Third Party Content

We currently do not have any dealing with third party content.

14. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Koopcars.com and our subsidiaries and affiliates and our officers, directors, agents, partners and employees (individually and collectively, the "Koopcars.com Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify the Koopcars.com Parties of any third-party Claims, cooperate with the Koopcars.com Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Koopcars.com Parties will have control of the defense or settlement, at Koopcars.com's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Koopcars.com or the other Koopcars.com Parties.

15. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

16. Miscellaneous

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

The failure of Koopcars.com to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Koopcars.com is an independent contractor for all purposes and is not your agent or trustee. You are not an agent of Koopcars.com.