Buyer Guardian Terms of Use

These Terms of Use (the "Terms") apply to your access and use of the Buyer Guardian world wide web site (www.buyerguardian.com or "BUYERGUARDIAN.COM"). BuyerGuardian.com is a service of Buyer Guardian, LLC (hereinafter referred to as "BUYER GUARDIAN"), and all information and Content (as defined in these Terms) on the BUYERGUARDIAN.COM web site (together with the design, layout and organization and the underlying source HTML files that implement the hypertext features, is hereinafter referred to as the "Site") may be used solely under the following Terms. Please read the Terms carefully and completely before using the Site. By accessing, browsing or using the information or services on the Site, you (the "User") expressly agree to and consent to be bound by the Terms in full. If the following Terms are not acceptable, you must immediately terminate your use of the Site. Users accessing or using the Site do so on their own initiative and are responsible for compliance with all local laws. The Site and these Terms may be changed by BUYER GUARDIAN, in its sole discretion, at any time without notice. Use of the Site subsequent to any change constitutes User’s acceptance of the change. Users are advised to read these Terms each time they access the Site for any changes to these Terms.

The general purpose of the Site is to facilitate private vehicle transactions. The specific services provided by BUYER GUARDIAN from time to time are set forth in detail on the Site (collectively referred to hereinafter as the "Services"). User's right to access the Site and the Services is subject to any limits established by BUYER GUARDIAN.

BUYER GUARDIAN is not, and does not act as, a vehicle dealer agent, broker or salesperson. BUYER GUARDIAN does not broker any transactions. BUYER GUARDIAN is not responsible for selling, purchasing or listing any property. BUYER GUARDIAN seeks no commission, and receives no commission in the transaction process. BUYER GUARDIAN is not engaged in rendering legal, accounting, tax or other professional services, and BUYER GUARDIAN is not offering any such advice. If legal, accounting, tax or other professional advice or assistance is required, User should seek the services of a competent professional advisor.

User may access the Site and the Services solely for User’s personal use. User agrees that User will not use the Site or the Services, in while or in part, for any purpose that is unlawful or prohibited by these Terms.

User agrees that it will not use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor, scrape or copy the Site or the Services or any other activity with the purpose of obtaining lists of users or other information, except those automated means expressly made available by BUYER GUARDIAN, if any, or authorized in advance and in writing by BUYER GUARDIAN. User agrees that it will not use any device, software or routine that could damage, disable, overburden, impair or interfere with the proper working of the Site or the Services or any other party’s use and enjoyment of the Site or the Services. Without limitation to the foregoing, User further agrees that it will not take any action that imposes an unreasonable or disproportionately large load on BUYER GUARDIAN'S infrastructure, as determined by BUYER GUARDIAN.

User understands and agrees that BUYER GUARDIAN may alter, suspend or discontinue the Site and/or the Services and may change any information, features and functions of the Site and/or the Services at any time for any reason, without notice, cost or liability. User further understands and agrees that from time to time the Site and/or the Services may be inaccessible, unavailable or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which BUYER GUARDIAN may undertake from time to time; or (iii) causes beyond the control of BUYER GUARDIAN or which are not reasonably foreseeable by BUYER GUARDIAN, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. User acknowledges and agrees that BUYER GUARDIAN has no control of the availability of the Site or the Services on a continuous or uninterrupted basis.

User shall be solely responsible for providing, maintaining and ensuring that all hardware, software, electrical and other physical requirements for User’s use of the Site and the Services, including, without limitation, telecommunications and internet access connections and links, web browsers, bandwidth or other equipment, programs and services required to access and use the Site and the Services, are compatible with the Site and the Services.

The Site is operated by Buyer Guardian, LLC from its offices within the United States (the " U.S. "). The Site and the Services currently are intended for use by Users located in the U.S. BUYER GUARDIAN makes no representation or warranty that information on the Site is currently appropriate or available for use in any other locations or jurisdictions, and access to the Site from any locations where the contents of the Site may be illegal is prohibited. Those who choose to access the Site from outside the U.S. do so on their own initiative and are responsible for compliance with applicable local laws.

BUYER GUARDIAN reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Site or the Services; and (ii) suspend or terminate User’s access to or use of all or any portion of the Site or the Services.

As between BUYER GUARDIAN and Users, all right, title and interest in the Site and all information it contains, or may contain in the future, including, without limitation, all patents, copyrights, trademarks, service marks and other intellectual property rights (collectively referred to as the "Content"), is the property of BUYER GUARDIAN or its licensors and is protected by intellectual property laws and international intellectual property treaties. Except as expressly provided below, nothing contained on the Site shall be construed as conferring upon any User any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to use the Site or the Content displayed on the Site, through the use of framing or otherwise, without the prior written permission of BUYER GUARDIAN or any third party that may own the trademark or copyright of material displayed on the Site.

Subject to User's full compliance with these Terms, User is hereby granted a non-exclusive, nontransferable, revocable, limited license to view, download, print and use information retrieved from the Site, provided that: (i) it is solely for User’s own lawful, personal, informational, and non-commercial purposes: (ii) User does not remove or obscure the copyright notice or other notices; (iii) the Content, or any part thereof, is not modified; and (iv) it is automatically done through User's browser software incidentally to using the Site and/or the Services. Except as expressly provided herein, no part of the Site, including, but not limited to, materials retrieved therefrom and the underlying HTML code, may be used, reproduced, republished, copied, reformatted, displayed, reverse engineered, reverse assembled, transmitted, distributed, licensed, sold, resold or exploited in any form or by any means. In no event shall materials from the Site be stored in any information storage and retrieval system without the prior written permission from BUYER GUARDIAN.

In the event BUYER GUARDIAN receives information or materials through the Site, including, without limitation, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information and material shall be deemed to be non-confidential and BUYER GUARDIAN assumes no obligation to protect the same from disclosure, except as provided in the Buyer Guardian Privacy Policy. The submission of information or materials to BUYER GUARDIAN shall in no way prevent the purchase, manufacture, or use of similar products, services, plans and ideas by BUYER GUARDIAN for any purpose whatsoever. In addition, User grants BUYER GUARDIAN the right in any form now or hereafter known, to reproduce, use, disclose, distribute, transmit, create derivative works from, and publicly display and perform, any information or materials User submits to or through the Site.

The Site may contain links to third party web sites. Any such links on the web site will allow the User to leave the BUYER GUARDIAN.COM Site. Any such linked sites are not under the control of BUYER GUARDIAN, and BUYER GUARDIAN is not responsible for, and makes no representations or warranties with respect to, the content or privacy policies or practices of any linked sites or any link contained in a linked site. The inclusion of a linked site is for User’s convenience only and is not intended as and should not be construed as an endorsement or recommendation by BUYER GUARDIAN of the linked site or its content. Access to and use of any other internet sites linked to the Site is at the User’s sole risk.

BUYER GUARDIAN'S Privacy Policy may change from time to time and is posted in full on the Site.

Users must register and set up an account through the Site for Users to access and use any of the paid Services. BUYER GUARDIAN, in its sole discretion, may accept or reject for any reason a User as a customer of the Services. If User is accepted by BUYER GUARDIAN as a customer of the Services, as a condition to accessing and using any of the Services offered by BUYER GUARDIAN on the Site, both parties to a transaction must accept and agree to a separate customer agreement called the General Instructions. If User establishes an account for access to and use of the Services, User shall be billed by BUYER GUARDIAN, and User shall be responsible for all applicable charges and fees related to such access and use of the Services pursuant to the Customer Agreement accepted by User.

By creating an account or otherwise registering on the Site, User understands and agrees that User has established a business relationship with BUYER GUARDIAN. As such, User agrees that BUYER GUARDIAN may contact User using information User provided, with information and offers of services available through BUYER GUARDIAN. User hereby consents to any such communication, including phone calls, even if User’s phone number is on any Do Not Call list.

Except with the prior written permission of BUYER GUARDIAN, User agrees that it will not access or attempt to access any password protected, secure or non-public areas of the BUYER GUARDIAN.COM Site. Unauthorized individuals attempting to access prohibited areas of the BUYER GUARDIAN.COM Site may be subject to prosecution.

THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND CONTENT ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND, TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, BUYER GUARDIAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. USE OF THE SITE AND THE SERVICES IS AT USER’S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, BUYER GUARDIAN DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE OR THE SERVICES OR ANY PORTION THEREOF; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER(S) THAT MAINTAINS THE SITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; (v) USER’S USE OF THE SITE OR THE SERVICES OR ANY RELATIONSHIP BETWEEN USER AND A LINKED SITE OR ANY SERVICES, PRODUCTS OR ADVICE PROVIDED OR PERFORMED BY A LINKED SITE FOR USER; AND (vi) USER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES. FURTHER, BUYER GUARDIAN DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR THE SERVICES. NEITHER BUYER GUARDIAN NOR THE SITE PROVIDES ANY LEGAL, ACCOUNTING, TAX OR ANY OTHER PROFESSIONAL ADVICE. BUYER GUARDIAN CANNOT GUARANTEE THE ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY COMPLETENESS OR TIMELINESS OF INFORMATION AND CONTENT CONTAINED ON THE SITE.

UNDER NO CIRCUMSTANCES SHALL A "COVERED PARTY" (AS DEFINED BELOW) BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, PENALTIES OR ATTORNEYS’ FEES, FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE, INCLUDING ITS CONTENT, THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION: (i) USER’S USE OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE OR THE SERVICES; (iii) DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (iv) ANY MATERIAL OR DATA STORED, SENT OR RECEIVED OR NOT STORED, SENT OR RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR THE SERVICE; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SITE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SITE. A "COVERED PARTY" MEANS BUYER GUARDIAN, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, SHAREHOLDER, PARTNER, MEMBER, MANAGER, EMPLOYEE, SUBCONTRACTOR, REPRESENTATIVE, AGENT, SUCCESSOR OR ASSIGN OF BUYER GUARDIAN OR ITS AFFILIATES.

These Terms shall be governed by the laws of the State of Colorado, as they apply to agreements made and solely performed therein, without regard for conflicts of law. All actions, claims or disputes arising hereunder or relating to the Site shall be exclusively subject to the jurisdiction of the federal and state courts in the County of Arapahoe, State of Colorado.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form.