Terms of Service KarYard.com 3.24.24

I. INTRODUCTION AGREEMENT

KarYard.com Inc (the "Site")("KarYard.com" "Us" or "We"). The Site also includes any version of this Site that is optimized for use by mobile computing devices such as smartphones/tablets, as well as mobile applications and any other websites owned or operated by us. These Terms and Conditions of Use ("Terms and Conditions") govern access to and use of the Site and services & products provided by KarYard.com as made available on the Site or otherwise ("Services").

By accessing and using this Site, you acknowledge you have read, understood and agree to be bound to the conditions of these Terms and Conditions. You also agree to comply with applicable laws and regulations.

BY USING THE SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND EXPRESSLY CONSENT TO KARYARD.COM Privacy Notice AND California Privacy Notice. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS THE SITE OR USE ANY PRODUCTS.

II. WHAT WE DO

KarYard.com operates the Site as an online advertising and research service for car buyers, & sellers. KarYard.com does not sell vehicles and is never a party to any transaction between buyers and sellers. KarYard.com delivers requests from interested parties to subscribing dealers. Karyard.com does not guarantee or ensure any vehicle or any transaction between a buyer and seller. KarYard.com does not collect or process payments between buyers or sellers. KarYard.com does not handle the transfer of title on behalf of buyers or sellers. KarYard.com does not store, ship, use, or deliver any vehicles.

Advertisers and selling dealers on KarYard.com may include specific information about incentives, special offers, or pricing programs associated with a specific brand, model, or vehicle ("Offers"). KarYard.com is not responsible for the content of any such Offers, nor responsible for any errors or omissions in Offer descriptions or content. You should contact the advertiser or selling dealer for full details on any such Offers. This includes any restrictions, availability, and eligibility requirements for any, and all conditions.

III. USE OF COLLECTED INFORMATION

We may collect both “non-personal” and “personal” information from you when you interact with our Site and Services.

“Non-Personal Information” refers to information that may not by itself be reasonably associated with, linked to, or used to individually identify you or someone else. For example, general, non-specific information regarding your use of the Site and Services or derived from the information that you provide to us through the Site and Services.

IV. USING OUR SITE

Access to the Site or portions thereof, or access to Services, can be occasionally interrupted when we perform changes or necessary site maintenance. Also events of “force majeure” (“acts of God”, bad weather, internet connectivity, unforeseen actions by outside players, riots, etc.). Anything beyond the control of KarYard.com. KarYard.com shall have no liability.

By accessing this Site, you agree to not interfere with the performance or working of KarYard.com with the use of any automated mechanism. These may include but, not limited to mechanisms such as crawlers, spiders, or web-robots to access, collect, or query for information or scrape any data from the Site. Without explicit permission by KarYard.com you may not make any alteration, modification, reproduction, redistribution, retransmission, redisplay, or other use of any Service in any other manner or for any other purpose constitutes an infringement of KarYard.com’s intellectual property and other proprietary rights. Use of the Site or any portion thereof on any other website is expressly prohibited without prior written permission from KarYard.com. You shall not modify, augment, or remove any trademark or copyright notice, contained within our content as defined below.

V. INTELLECTUAL PROPERTY & TRADEMARK

The Site includes trademarks and service marks owned by KarYard.com and its affiliates. By using the Site you agree not to use any trademarks, service marks, names, logos, or other identifiers of KarYard.com or its employees, affiliates, providers, & independent contractors without the prior written permission of KarYard.com; imply that KarYard.com is connected to or endorses yours or any third party products, activities or services or possibly confuse any other party that KarYard.com is affiliated or associated with your activities, products or services.

You agree you will not use any logos, trademark, copyright, or other content from KarYard.com. Requests regarding the use of the Content for any purpose other than personal, noncommercial use should be directed to support@karyard.com.

All software programming, without limitation to any and all Code contained in the KarYard.com Site ("Software"), is owned by KarYard.com and its affiliates and is protected by intellectual property laws & copyright laws. Unauthorized use in any way will result in legal action both criminally and civilly.

KarYard.com will prosecute violators to the fullest extent of the law.

VI. CONTACTING OUR DESIGNATED AGENTS

KarYard.com will respond to claims of intellectual property infringement. KarYard.com will investigate notices of alleged infringement promptly. KarYard.com will follow guidelines in the Digital Millennium Copyright Act.

Procedure for claims of copyright infringement, DMCA and Intellectual Property: All notifications of claimed copyright infringement should be sent to the Designated Agent of a Service Provider for this Site: KarYard.com Inc Email: support@karyard.com Subject Line: Legal Department The notification must be a written communication with the following:

• A statement, under penalty of perjury, validating the accuracy of the notification & authority of the complainant to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
• An authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed must supply an electronic or physical signature.
• Identify and supply an example of the material claimed to be infringing.
• Provide proof of the copyrighted work claimed to have been infringed Statement on why the complainant believes the use of the material is not authorized.
• Must supply valid contact information to the complainant and allow reasonable time for an inquiry. Examples: phone number, email address, physical address.

All notifications received that meet the above criteria will be responded to in a reasonable time frame.

VII. ITEMS SUBMITTED

“Items” submitted to the site become the property of KarYard.com. Items can be images, videos, data, advertisements and any other information processed through our systems and the Site, you hereby grant to KarYard.com, its affiliates, a royalty-free, irrevocable, transferable, sublicensable, nonexclusive, right in perpetuity, to use at their discretion. You also grant KarYard.com, & its affiliates the right & license to use your image, name, & likeness with the reproduction or distribution of the Items. You state: (a) you own and control all the rights to all Items submitted or shared and that they are true and correct. KarYard.com takes no responsibility for any of your items submitted.

KarYard.com does not monitor the Items transmitted, posted or published by you and/or other third-party. KarYard.com reserves the right to use these items at their discretion.

VIII. YOUR REPRESENTATION TO US

You represent that you have the authority to submit any information you provide through this Site. You further represent that you will use content that you have the right to use. You agree not to use misappropriated content that would violate a trademark, copyright, or trade secret. You agree to follow all applicable laws.

You agree to release, defend, indemnify, and hold harmless KarYard.com, its officers, directors, employees, contractors, affiliates against any and all claims, costs, demands, or expenses, including attorneys' fees, arising from your use of any content you provide that may violate any laws or terms and conditions.

IX. NO WARRANTY STATED - LIABILITY RELEASE

You agree that the use of this site is at your own risk. KarYard.com and its affiliates make no warranty or representations about the Site, its content, or its software. It is provided on an AS-IS basis. Content for the vehicle listings on this site is provided by the sellers or other third parties. KarYard.com and their Affiliates provide no warranty and specifically disclaim any implied warranties without limitation; fitness, noninfringement, merchantability, accuracy.

KarYard.com does not verify the accuracy of the content provided by sellers or their agents. Information that is provided by sellers and their agents or affiliates is not guaranteed or warranted in any way. Examples may include, but are not limited to these examples: Condition, Pricing, Eligibility, title, mileage, description, equipment, added equipment, and stock status. All vehicles are subject to prior sale. See dealers for details. KarYad.com and its affiliates do not warranty of completeness of any information on the site. We reserve the right to correct any errors or omissions on the Site. Any concerns regarding a vehicle must be directed to the selling dealer.

X. LIMITATION OF LIABILITY

KarYard.com, its officers, directors, employees, contractors, and affiliates shall in no event be liable for any damages or losses. This includes direct, indirect, incidental, punitive, or consequential damages from or caused by the software, content, the Site, terms and conditions, negligence, or otherwise. In no event shall KarYard.com, its officers, directors, employees, contractors, or affiliates have an aggregate liability exceeding $50 for the limitation of their liability.

Check with your individual state on implied warranties.

XI. THIRD-PARTY SERVICE PROVIDERS RELEASE FROM LIABILITY

Some aspects of the Service may be dependent upon third-party service providers. We act as a conduit between buyers and sellers. We do not warrant the quality, truthfulness, accuracy, or completeness of the information provided by third parties. We do not guarantee the accuracy of the information. We do not monitor or scrutinize the information received from third parties. We do not control pricing, offers, rebates, conditional rebates, Identification numbers, stock numbers, packages, equipment, colors, materials, odometers, or any other information provided by third parties. We are displaying this information as it is received. You agree to release KarYard.com from any and all liability pertaining to information on this site provided by third parties, and any dispute arising from information posted must be directed to the third party that sent the information to KarYard.com. If you are a resident of a jurisdiction that restricts a release of liability for third-party disputes, your consent to this release of liability for third-party disputes shall apply to all of these terms and conditions.

XII. THIRD-PARTY LINKS

Links to third-party websites may be found on the Site and are provided by third-party syndicators. KarYard.com assumes no liability for the content provided by the syndicators or the third-party websites the links bring you to. None of these are controlled by KarYard.com. Therefore, KarYard.com is not responsible or liable for any damages that may arise from the use of these third-party links or sites. KarYard.com is not responsible for the information contained on these third-party sites or the claims that they make on their sites. This includes but is not limited to pricing, rebates, available discounts, factory programs, offers for credit, or any other information or offer. KarYard.com disclaims all liability and makes no representations made on any third-party website. You agree to hold KarYard.com harmless and to bring no suit against them pertaining to the use of third-party websites.

XIII. INDEMNITY

By using the Site, you expressly agree that:

1. you use this Site at your own risk.
2. You will indemnify, defend, and hold KarYard.com, and all its affiliates harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements, or liabilities, and all resulting losses, damages, costs, and expenses (including attorneys’ fees), made or initiated by any third party from of your use of the Site.
3. You consent to and are bound by the liability waiver above. You agree to notify KarYard.com within Ten (10) days of the filing of any Claims, and KarYard.com reserves, and you grant to KarYard.com, the right to participate in or assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of these Terms and Conditions.

XIV. SECURITY

KarYard.com does not guarantee or warrant the security of this site.

We cannot guarantee there will be no risks when accessing the site.

It may have viruses, worms, trojan horses, or codes that contain destructive properties.

Enter the site at your own risk. KarYard.com does not warrant that unauthorized persons may not be able to access your data, systems, servers, or computers by means of the Site. Information provided by users may not be protected from unauthorized agents or users. You agree to be responsible for your own security and monitor your own systems for potential issues. Privacy is never guaranteed even with encryption.

KarYard.com will not be responsible for any damages you or any third party may suffer as a result of the transmission that you make to KarYard.com on the Internet.

XV. PROHIBITED ACTIVITIES

A Partial list of activities listed below of prohibited actions and activities in these Terms and Conditions that are prohibited on or through the Site:

• submitting junk content, or spam; including soliciting listing dealers or users.
• using the information provided to promote products or services to our subscribing dealers.
• submitting offensive content.
• submitting inappropriate content.
• submitting fraudulent content.
• submitting anything harmful or offensive to minors.
• submitting any content that may in any way interfere with the functionality of the site or hardware of KarYard.com.
• submitting any content that includes malware, malicious software or code.
• phishing.

Any activity that would interfere with the day-to-day operations of KarYard.com its affiliates, advertisers, Site users, network providers, syndicators, and clients are strictly prohibited.

XVI. INTERNATIONAL USERS AND EXPORT CONTROL LAWS

This Site is intended only for users in the United States of America. KarYard.com makes no representation that the Site or the Services available are appropriate or available for use at other locations outside the United States of America. You agree that use of this site shall be within the United States of America only. If you are using this outside the United States of America please cease using this site immediately. Use of this site shall be subject to all applicable laws and regulations with respect to compliance in the United States of America.

XVII. ARBITRATION & GOVERNING LAW

PLEASE READ THIS CAREFULLY. BY USE OF THIS WEBSITE, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION, PROVIDED THAT EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT. THIS WILL REPLACE YOUR RIGHT TO A TRIAL IN COURT, HAVE A JURY, AND PARTICIPATE IN A CLASS ACTION SUIT. ALL DISPUTES TO BE RESOLVED BY AN ARBITRATOR.

(a) This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts laws. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles County, California, before one (1) arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (JAMS) pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, in which instance, the alleged aggrieved party shall promptly move for a Temporary Restraining Order and Permanent Injunction in the Los Angeles County Superior Court. Once the Los Angeles County Superior Court has ruled on the aggrieved party’s effort to obtain injunctive relief, that action shall be stayed, and the dispute referred to arbitration where the matter shall be resolved. Service of process shall be deemed sufficient if made in writing and delivered to the other Party at the address designated by each Party in the first paragraph of this agreement. The arbitrator shall not be empowered to award damages in excess of actual damages and the arbitrator shall deliver a reasoned written opinion in connection with his/her decision. The arbitration award may not be cited as evidence or precedent, with any preclusive effect, in any court or other proceeding. The fact that the arbitration took place, and any award, pleadings, briefs, testimony, or evidence from that process may not be referred to in any subsequent proceedings. All negotiations pursuant to this section shall be confidential and treated as compromise negotiations for purposes of Rule 408 of the Federal Rules of Evidence and any other similar law or rule of evidence that is applicable.

JAMS
1920 Main st, ste 300
Irvine, CA 92614
Website: www.jamsadr.com

(b) Should any action or proceeding be brought to construe or enforce the terms and conditions of this Agreement or the rights of the parties hereunder, the losing party shall pay to the prevailing party all court costs, arbitration fees, and reasonable attorneys’ fees and costs (at the prevailing party’s attorneys’ then-current rates) incurred in such action or proceeding. A party that voluntarily dismisses an action, claim, or proceeding shall be considered the losing party for purposes of this provision. In other words, if a party obtains a dismissal in its favor before a hearing on the merits, that party shall be the prevailing party for purposes of this section.

XVIII. UPDATES TO THESE TERMS AND CONDITIONS

KarYard.com reserves the right to update & amend these Terms and Conditions at any time. Any updated amendments will be identified by the publish date. If you do not agree with the updated Terms and Conditions, please discontinue using the Site immediately. Your continued use of the site states your acceptance of the updated Terms and Conditions. KarYard.com can restrict the use of any portion of the Site without notice or liability.

XIX. CONTACT INFORMATION

By providing your email address, you agree that KarYard.com may send emails to you. KarYard.com may send any legal notices to you via email.

If you have any questions or comments about these Terms and Conditions, please contact KarYard.com at: Email: privacy@KarYard.com