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Terms of Service

Blank b1442e85b03bdcaf66dc58c7abb98745dd2687d86350be9a298a1d9382ac849b PLEASE READ BELOW TERMS.

 

TERMS OF SERVICE

 

Introduction

Highlinesale.com is a website (the "Site") owned and operated by Highline Sale Investor Group, LLC ("HLS" or "We").  These Terms of Use apply to any person or entity ("you" or "user") visiting or using the Site for any purpose. By using the Site, you hereby agree that you are at least eighteen (18) years of age and are bound by all of the following provisions of these Terms of Use as they may be modified from time to time. Click here to review the Site's Privacy Statement which is incorporated into these Terms of Use by reference.

 

Highlinesale.com is a site for individuals and car dealers to buy and sell cars through traditional listing methods.  For information on how to list a car for sale click here to review the Site's How to List a Vehicle for Sale, which is incorporated into these Terms of Use by reference. 

 

 HLS does not sell vehicles directly and is never a party to any transaction between buyers and sellers. Information about a vehicle is provided by the seller or a third party vendor, not HLS. The price and terms of each sale are determined by the buyer and seller.  As a result, HLS does not guarantee or ensure the description or condition of any vehicle or any transaction between a buyer and seller, collect or process payment or transfer of title on behalf of buyers or sellers, or store, ship or deliver any vehicles.

 

Intellectual Property

All information and content available on this Site ("Content") is protected by copyright and other intellectual property laws. The Content is owned by HLS and may not be used by any other party for any purpose other than to sell and purchase vehicles in accordance with these Terms of Use.  Users may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of HLS. Content may include trademarks and service marks owned by HLS and may not be copied, reproduced, altered or otherwise used by you without the written advance consent of HLS. All software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by HLS and/or its licensors or vendors and is protected by copyright and other intellectual property laws and international treaties. Any unauthorized use or access may result in civil liability and possible criminal penalties.

 

As a vehicle seller, by submitting ads, descriptions, contact information, photos, data or other materials ("Materials") to the Site, you grant to HLS the right to display, copy, modify and use for operation of the Site your Materials without charge or royalties. As a prospective vehicle buyer you agree to permit HLS to provide sellers your contact information if you have indicated an interest in their vehicles.  HLS does not monitor all of the Materials posted or transmitted by you and other third-party information providers. However, HLS may, in its sole discretion, monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason.

 

Representations/Indemnity/Liability

By using the Site, you expressly agree that HLS, its affiliates and their respective owners, employees, agents, contractors and third party licensors and Site vendors will not be liable for any claims, actions, damages, losses, settlements or judgments arising out of or related to any Content or Materials or your use of the Site.  You hereby represent and warrant that (1) you have all necessary authority, rights and permissions to submit the Materials to the Site, (2) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (3) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person.

 

You agree to release, defend, indemnify and hold HLS, its affiliates, licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (1) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (2) your use of the Site or any reliance on the Content, (3) your breach of these Terms of Use or (4) any actual, prospective or terminated sale or other transaction between you and a third party. 

 

HLS, ITS AFFILIATES, THIRD PARTY LICENSORS AND VENDORS, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THE AUCTION SERVICE, THESE TERMS OF USE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE).

 

Chrome Data Disclaimer

Certain specifications, prices and equipment data have been provided to HLS under a license from Chrome Data Solutions ("Chrome Data"). © 2013 Chrome Data Solutions, LP. All Rights Reserved.  This information is supplied for personal use only and may not be used for any commercial purpose whatsoever without the express written consent of Chrome Data. Chrome Data makes no guarantee or warranty, either express or implied, including without limitation any warranty of merchantability or fitness for particular purpose, with respect to the data presented here. All specifications, prices and equipment are subject to change without notice.

 

Site Warranty Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. HLS, ITS AFFILIATES AND HLS THIRD-PARTY LICENSORS AND VENDORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE AUCTION PROCESS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND HLS, ITS AFFILIATES AND HLS THIRD-PARTY LICENSORS AND VENDORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. HLS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. HLS CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. HLS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. HLS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING AND AUCTION SERVICES INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE ANY USER OF THE SITE.

 

Some jurisdictions do not allow the disclaimer of implied warranties or limitations or exclusions of liability for incidental or consequential damages.  Therefore, some of the foregoing disclaimers and limitations of liability may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.

 

Miscellaneous

These Terms of Use supersede any prior or conflicting version.  They may be changed at any time by HLS in its sole discretion with or without advance notice to you.  Updated Terms of Use will be posted on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes.

 

You agree that monetary damages may not provide a sufficient remedy to HLS for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations without the requirement that HLS post a bond.

These Terms of Use will be governed by and construed in accordance with the laws of the State of South Carolina without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Beaufort County, South Carolina, and if there are no federal courts in Beaufort County then in Chatham County, Georgia, within one (1) year after the cause of action arises or the cause shall be barred. You hereby consent to personal jurisdiction in the federal and state courts in Beaufort County, South Carolina and federal courts of Chatham County, Georgia, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision or portion thereof will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. Failure by HLS to enforce any provision of this Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use. This Terms of Use constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Use, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.