Terms of Service

SwitchTrader LLC Terms of Service.

 

By accessing and using this website and any of its pages, you accept and agree to be bound by the Terms of Service set forth below.

1.     ACCEPTANCE OF TERMS.

Switch Trader LLC,. (“Switchtrader.com”, “we”, “us”, or “our”) provides users with an online automotive information and communications platform, as well as related services that can be accessed from or through this website (collectively, “Services”). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services. These Terms of Service also apply to any co-branded or framed version of this website.

Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.

This website is controlled and operated by Switch Trader LLC  from its offices within the United States. Switch Trader LLCmakes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.

2.     USER CONDUCT

You are authorized by Switch Trader LLC to access and use the Services, including the information on this website, solely for your personal, non-commercial use. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Switch Trader LLC’s express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose.

In order to access certain features of this website you may be required to register. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Switch Trader LLC  in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each sessionSwitch Trader LLCis not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by Switch Trader LLC), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Switch Trader LLCfor use in accessing the Services.

3.     PRIVACY

Switch Trader LLC  is committed to respecting your privacy and protecting your personally identifiable information. Upon your request, Switch Trader LLC  shares the information you enter on this website with participating dealers and/or buyers in order to provide you with the information you requested, and with other service providers associated with the Services. Switch Trader LLC  account data and certain other information about you and that you enter and/or we collect through your use of this website are subject to the Switch Trader LLC  Privacy Policy at http://www.switchtrader.com/legal/privacy. You understand that through your use of the Services, including this website, you consent to the collection and use (as set forth in the Switch Trader.com Privacy Policy) of this information. Please review our Privacy Policy for further information on our data collection and use practices.

4.     SERVICES

All information provided on this website is for informational purposes only. Information displayed through the Services related to any virtual vehicle you may configure, such as dealer cost, factory invoice, market average, MSRP, Target Price, Estimated Price, or Estimated Savings, either reflects or is based on Switch Trader.com analysis of market data and does not reflect a dealer’s price for a vehicle consistent with your preferences. Any savings information that you may receive from a selling dealer or user, is provided directly to you by the selling dealer or user, and is not provided bySwitch Trader LLC. Neither the accuracy of information provided on this website by selling dealers and users, nor the availability, quality, or safety of vehicles, is guaranteed or controlled by Switch Trader LLC, and Switch Trader LLCassumes no responsibility for the foregoing. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding vehicle availability, condition, pricing, and the like are not the responsibility of Switch Trader LLC  and should be directed to the dealer or third party vendor. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease of a vehicle or of other products or services. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your believe tofeedback@switchtrader.com.

By using the Services, you acknowledge and agree that participating dealers may not have in inventory a new vehicle that exactly matches any virtual vehicle you may configure on the website, and certain models or configurations may not be available. Your dealer will confirm vehicle availability, including available options and colors, from actual inventory. Each dealer sets and controls its own pricing. You may negotiate the purchase price directly with the dealer, and Switch Trader LLCplays no role in that negotiation. The savings information communicated directly to you by a selling dealer for a vehicle consistent with the preferences expressed in any virtual vehicle you may configure may change if the actual in-stock vehicle that you choose to buy differs from the configuration of your virtual vehicle. Used vehicles are subject to prior sale.

For the avoidance of doubt, Switch Trader LLCis solely a research and communications platform. Switch Trader LLC  is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, other automotive-related products or services offered by third parties. Switch Trader LLC  receives a fee from the participating dealers or third-party service providers in connection with the Services.

5.     NO COMMERCIAL USE OF SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.

6.     RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES

Switch Trader LLCreserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. Switch Trader LLC  also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Switch Trader LLC  shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).

7.     INDEMNIFICATION

You will indemnify, defend and hold harmless Switch Trader LLCand its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “Switch Trader LLC  Entities”) from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Claim against a Switch Trader LLCEntity, subject to such Switch Trader LLC  Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a Switch Trader LLC  Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Switch Trader LLCEntity without its prior express written consent.

8.     DISCLAIMER OF WARRANTIES

THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NON-INFRINGEMENT. IN ADDITION, Switch Trader LLC DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Switch Trader LLC OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. Switch Trader LLCis not responsible for making repairs to any vehicle. If you have complaints or concerns about defects or repairs, please contact the dealer, seller, or manufacturer directly.

9.     LIMITATION OF LIABILITY; WAIVER

IN NO EVENT SHALL THE SWITCHTRADER LLC  ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE Switch Trader LLC ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).

10.   EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

11.   NOTICE

Switch Trader LLC  may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that Switch Trader LLC  will have no liability associated with or arising from your failure to maintain and supply Switch Trader LLC  with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.

12.   TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY

You agree that all of Switch Trader LLC’strademarks, trade names, service marks, logos, brand features, and product and Service, and that you will not make trademark use of or otherwise misappropriate any of the foregoing without Switch Trader LLCprior written approval in each instance.

All other trademarks that appear on any Switch Trader.com  website or in connection with the Services, including the trademarks of automobile manufacturers, are displayed for informational, identification, and reference purposes only, and are the property of their respective owners. Switch Trader LLC‘s identification and display of vehicles, vehicle names, vehicle specifications, and manufacturer names and logos does not imply any endorsement by, affiliation with, or sponsorship by any automobile manufacturer or seller, and Switch Trader LLCexplicitly disclaims any such endorsement, affiliation, or sponsorship. Photos, including photos of vehicles that appear on Switch Trader LLC websites or in connection with the Services, are displayed pursuant to license agreements with the copyright owners of the photographs. Switch Trader LLC's display of such photos does not imply any endorsement by, affiliation with, or sponsorship by any automobile manufacturer or seller, and Switch Trader LLC explicitly disclaims any such endorsement, affiliation, or sponsorship.

You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of Switch Trader LLC. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.

13.   COPYRIGHT OR INTELLECTUAL PROPERTY COMPLAINTS

Switch Trader LLC  respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:

·         a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;

·         a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;

·         a description of where the material that you claim is infringing is located on our website;

·         your address, telephone number, and email address;

·         a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

·         a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:

Copyright Agent
Switch Trader LLC
Attn: Legal Department
3850 S.University Drive # 290035

Davie Florida 33329

14.   CHOICE OF LAW; VENUE; CLASS ACTION WAIVER.

The Terms of Service and the relationship between you and Switch Trader LLC are governed by the laws of the State of Florida without regard to its conflict/choice of law provisions, and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and Switch Trader LLCshall be brought exclusively in the state or federal courts located in Broward County, Florida You and Switch Trader LLC  waive any and all objections to the exercise of jurisdiction over the parties by such courts and venue in such courts. ANY CLAIM AGAINST ANY OF THE SWITCH TRADER LLC  ENTITIES SHALL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. AS SUCH, YOU AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION SUIT AGAINST ANY OF THE SWITCH TRADER LLC ENTITIES. You may not be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, including this website, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15.   GENERAL INFORMATION

These Terms of Service may be amended from time to time without notice in Switch Trader LLC’s sole discretion. Any changes to the Terms of Service will be effective immediately upon the posting of the revised Terms of Service on this website. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and Switch Trader LLC and govern your use of the Services, including this website, and supersede any prior version of these Terms of Service between you and Switch Trader LLCwith respect to the Services. The failure of Switch Trader LLC  to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Please report any violations of the Terms of Service to violations@switchtrader.com. Questions regarding these Terms of Service should be sent to legal@switchtrader.com.

16.   ADDITIONAL TERMS FOR THE SWITCHTRADER FOR SALE BY OWNER SERVICE

If you use or participate in the “For Sale By Owner” Service, the following additional terms apply:

Switch Trader.com r offers a “SWITCH TRADER.COMFor Sale By Owner” (“STFSBO”) service (“STFSBO Service”) whereby you may list your used vehicle for sale. When you offer a vehicle for sale through theSTFSBO Service, you must be prepared to sell that vehicle at the price you listed the vehicle, and have possession of the actual vehicle listed with the ability to transfer valid title. You are required to provide certain identifying and contact information, which must accurately identify yourself so potential buyers can communicate directly with you. You may not charge any potential buyer for information about any vehicle listed for sale on the STFSBO Service, nor may you use the STFSBO Service to promote, without our prior written permission, any other website, product or service. By using theSTFSBO Service, you represent, warrant, and covenant that (i) you are a motor vehicle dealer, (ii) you are  listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and (iii)  you, or anyone acting on your behalf, can  list more than one (1) vehicle for sale at a time. Listings may not appear for up to 24 hours following your submission of the vehicle.

TheSTFSBO Service is provided for informational purposes only. You alone are responsible for any sale or purchase transaction you engage in. We cannot (i) protect you from potential fraud or other misconduct, and (ii) assure that a seller has good title to the listed vehicle or that a buyer will supply good funds. Buyers and sellers need to exercise caution when using theSTFSBO Service, and for example should use the same approach they would use when using a classified ad service in a newspaper.

Information about a particular vehicle is supplied by the seller, not by Switch Trader LLC. The price and other terms of any sale are subject to direct negotiation between the buyer and the seller, and Switch Trader LLC plays no role in that negotiation. The prices listed by the seller on the FSBO Service often exclude sales tax, finance charges, title, license, regulatory, documentary, emission testing, and/or compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. We do not verify the information that sellers supply, nor guarantee the vehicles they offer. In an effort to combat Internet fraud, some listings may be screened before being posted publicly, which may delay display of your listing.

By listing a vehicle for sale on the STFSBO Service, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that vehicle. Switch Trader LLCdoes not guarantee that a vehicle listed for sale through the STFSBO Service is available, as it may already have been sold. By accessing the FSBO Service, you agree not to use information concerning other users of the STFSBO Service, nor the vehicles they have listed or searched for on the STFSBO Service or otherwise expressed an interest in through the STFSBO Service (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than in connection with the potential purchase or sale of a listed vehicle.

Switch Trader LLC reserves the right to deny use of the STFSBO Service to anyone who does not comply with these requirements or who otherwise uses the STFSBO Service in a manner we consider inappropriate. Responsibility for the information contained in each listing lies with each seller, and you alone are responsible for material you post and for the content of all email messages you transmit through the STFSBO Service. We may perform random or selective quality assurance tests to confirm that those who offer vehicles for sale through the STFSBO Service are prepared to sell listed vehicles at the specified prices and terms provided by the seller through the FSBO Service. By using the STFSBO Service, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in “bait and switch” or other unfair or deceptive practices, Switch Trader LLC reserves the right to deny that seller use of the STFSBO Service.

THE SWITCH TRADER LLC  ENTITIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE.

These Terms of Service were last updated on September 30, 2013.

Switch Trader LLC

3850 S. University Drive #290035

Davie Florida 33329

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