Legal Terms

1. LEGAL TERMS OF SERVICE

By using Vehltor.com and VehltorOcala.com , you agree to the following terms and conditions and any product policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). Due to things like changes to the law or changes to functionality offered in Vehltor.com and VehltorOcala.com , we may need to change these Terms of Service or our product policies from time to time. You should look at the terms posted here regularly. Also, we will post notice of modified terms within Vehltor.com and VehltorOcala.com . The changes will become effective 7 days after they are posted except if the changes apply to new functionality in which case they will be effective immediately. If you do not agree to the modified Terms of Service, then please stop using Vehltor.com and VehltorOcala.com . Unless you have agreed otherwise in writing with Vehltor, then these Terms of Service govern your use of Vehltor.com and VehltorOcala.com (alternatively the "Service").

Authority to Accept the Terms of Service. You represent that you are of legal age to form a binding contract and have full power, capacity and authority to accept these Terms of Service. If You are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms of Service. If you don't have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms or Service.

In order to use certain services, you are required to provide current, accurate identification, contact, and other information as part of the registration process for a Base Account and/or continued use of the services offered by Vehltor® and its subsidiaries or affiliated companies ("Vehltor®"). Your "Vehltor.com and VehltorOcala.com Account" is a special account that will facilitate your use of Vehltor.com and VehltorOcala.com . You are responsible for maintaining the confidentiality of your Vehltor.com and VehltorOcala.com Account password, and are responsible for all activities that occur under your account. You agree to immediately notify Vehltor® of any unauthorized use of your password or Vehltor.com and VehltorOcala.com Account or any other breach of security. Vehltor® cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1. Vehltor® reserves the right to refuse service to anyone at any time without notice for any reason.

There may be certain features of Vehltor.com and VehltorOcala.com that are optional. If you choose to use such features, then you may be required to agree to separate terms that are specific to those features. For example, if you query and display Vehltor.com and VehltorOcala.com Content through a Base API Implementation, you must agree to the Base API Terms of Service at http://code.Vehltor.com and VehltorOcala.com /apis/base/terms.html. A "Base API Implementation" means a software application or website that uses the Base API to query and display Content, including Search Results from the Vehltor.com and VehltorOcala.com Service.

2. APPROPRIATE CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You understand that by using Vehltor® services, you may be exposed to Content that is offensive, indecent or objectionable.

You agree that you are responsible for your own conduct and Content while using Vehltor.com and VehltorOcala.com and for any consequences thereof. You agree to use Vehltor.com and VehltorOcala.com only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using Vehltor.com and VehltorOcala.com , you will not:
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
• upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content;
• upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
• download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
• restrict or inhibit any other user from using and enjoying Vehltor® services;
• use Vehltor® services for any illegal or unauthorized purpose;
• remove any copyright, trademark or other proprietary rights notices contained in or on Vehltor® services;
• interfere with or disrupt Vehltor® services or servers or networks connected to Vehltor® services, or disobey any requirements, procedures, policies or regulations of networks connected to Vehltor® services;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Vehltor® services or collect information about users for any unauthorized purpose;
• submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Vehltor®;
• create user accounts by automated means or under false or fraudulent pretenses;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

While Vehltor® prohibits such conduct and Content in connection with Vehltor.com and VehltorOcala.com , you understand and agree that Vehltor® may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to Vehltor.com and VehltorOcala.com .
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

3. PROPRIETARY RIGHTS

Vehltor's™ Rights

You acknowledge and agree that Vehltor.com and VehltorOcala.com and any necessary software used in connection with Vehltor® services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through Vehltor® services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Vehltor® or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Vehltor® services or the Software, in whole or in part.

 

Vehltor® grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Vehltor® services. You agree not to access Vehltor.com and VehltorOcala.com by any means other than through the interface that is provided by Vehltor® for use in accessing Vehltor® services.

Your Rights

You, or a third party licensor, as appropriate, retain any intellectual property rights in the Content you submit. By submitting Content on or through the Service, you grant Vehltor®, under those intellectual property rights, a worldwide, non-exclusive, royalty-free, sublicensable license to distribute, reproduce, modify, perform and display and otherwise use the Content in Vehltor's™ services. This license is solely for the purpose of providing, promoting and improving Vehltor's™ services.
Your content may have been integrated into Vehltor's™ services as improvements or search results. Unless you have submitted real estate content, the license above continues past the termination of these Terms of Service.

4. POLICIES REGARDING COPYRIGHT, TRADEMARKS, AND BRAND FEATURES

It is our policy to respond to notices of alleged infringement that comply with the United States Digital Millennium Copyright Act or other applicable law. For more information, please contact our legal Counsel.

International Vehltor® Association, Inc. is the owner of the Vehltor®, and Vehltor® trademarked brands, as well our corporate identity Vehltor® in a logo. Additionally, Vehltor® owns the copyright on all materials created and published by Vehltor.com, VehltorOcala.com, other Vehltor® websites, Vehltor® franchises, partners and affiliates, in all formats, including but not limited to print and electronic.

If Vehltor® removed your auction from eBay®, it was because one or more items offered in your auction infringed on (used or featured) one or more of Vehltor’s™ trademarks or copyrights and was therefore, by legal definition, counterfeit. International Vehltor® Association, Inc’s assessment and subsequent removal by Vehltor that your auction offered counterfeit items were based on the image(s) and / or description of the materials in your auction. Vehltor® firmly believes the items were produced without International Vehltor® Association, Inc, Vehltor® or partner or affiliates permission to do so, regardless of whether or not the items were produced by you.

Content contained in sponsor advertisements or information presented to you through Vehltor® services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Vehltor® or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Vehltor® brand or services.

Your Rights

You do have the right to use Vehltor® in informational descriptive truthful statements of what vehicle you are selling, but “only” if you are referring to “you purchased the vehicle from a Vehltor® company.” That said, if you purchased a vehicle from Vehltor®, Vehltor.com, or any Vehltor® location (on-or-off the Internet), you may call them “previously purchased from the name of the Vehltor® name specific location” (i.e. VehltorOcala.com).

You do not have the right to display any Vehltor® owned logo for any purpose, including in auctions where vehicles are being offered. Only Vehltor’s™ authorized franchisees and licensees have the right to use our logos in advertising. Logos that are legitimately part of our vehicle ad design, digital media, or other form of design cannot be shown in photos of vehicle ads, or reference materials (on-or-off the Internet).

You do not have the right to reproduce Vehltor® publications, content or materials for any purpose.

You do not have the right to use Vehltor® trademarks in the title of your ad listing if the entire vehicle offered does not actually come from Vehltor®, partner or affiliates.

Vehltor® is a member of the eBay VeRO program and Vehltor® strictly enforces its intellectual property rights, including but not limited to its trademarks and copyrights.


• For information regarding our trademark complaint procedure, please contact our legal Counsel. Any use of Vehltor's™ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Service and in compliance with Vehltor's™ then current Brand Feature use guidelines, and any content contained or reference therein, which may be found at the following URL: http://www.Vehltor.com and VehltorOcala.com/permissions/guidelines.html (or such other URL Vehltor may provide from time to time).

By submitting Content to Vehltor.com and VehltorOcala.com , you authorize Vehltor® to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with Vehltor's™ authorized distribution of the Content.

5. SUBMISSION OF CONTENT

You may submit Content to Vehltor.com and VehltorOcala.com using various means, including data feeds or submissions through the Base API ("Content Submission"), these methods of submission are described in the technical specifications provided to you by Vehltor®. You agree to submit Content in a manner that complies with the then-current specifications provided by Vehltor® to enable proper delivery and display of the Content. If the Content you submit contains URLs (or equivalent thereof), you agree that Vehltor® has the right to access, index, cache or crawl the URL(s) (or equivalent thereof), the Content itself, or any portion thereof in connection with Vehltor's™ authorized use of the Content.

6. MULTI-CLIENT ACCOUNTS OR SUBMITTING CONTENT ON BEHALF OF OTHERS

If you are submitting Content on behalf of one or more entities or persons ("third parties"), then you confirm and warrant that you are authorized to act on behalf and bind such entity(s) or persons to these Terms of Service.

If your application or site enables third parties, including end users, to provide content to Vehltor.com and VehltorOcala.com , it must clearly and conspicuously disclose to such third parties that their content will be provided to Vehltor® and made available to the general public through the Vehltor.com and VehltorOcala.com service. Also, if your application or site enables third parties to provide content to Vehltor.com and VehltorOcala.com , it must use one of the user authentication methods set forth in the Vehltor.com and VehltorOcala.com documentation at http://code.Vehltor.com and VehltorOcala.com /apis/base/starting-out.html#accessing and may not use any other method of collecting, transmitting, or receiving the Vehltor.com and VehltorOcala.com Account name or password. In connection with Vehltor.com and VehltorOcala.com , you may not use or share end user Vehltor.com and VehltorOcala.com Account information for any purpose other than to implement the authentication methods set forth in the Vehltor.com and VehltorOcala.com documentation. If this Agreement is terminated for any reason, you agree to delete all end user Vehltor.com and VehltorOcala.com Account information, including but not limited to usernames and passwords. You understand and agree that content submitted through the Service may be edited or removed from Vehltor.com and VehltorOcala.com only as enabled by the Service.

7. GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that Vehltor® has no responsibility or liability for the deletion or failure to store any Content, data, and other communications maintained or transmitted by Vehltor® services. You acknowledge that Vehltor has set no fixed upper limit on the number of transmissions you may send or receive through Vehltor® services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

8. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, or resell any portion of Vehltor.com and VehltorOcala.com , use of Vehltor.com and VehltorOcala.com , or access to Vehltor.com and VehltorOcala.com .

9. MODIFICATIONS TO SERVICE

Vehltor® reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Vehltor.com and VehltorOcala.com service (or any part thereof) with or without notice. You agree that Vehltor® shall not be liable to you or to any third party for any modification, suspension or discontinuance of Vehltor services.

10. TERMINATION

You may cancel your use of Vehltor® services and/or terminate this Terms of Service with or without cause at any time. To find out how to delete your account, please visit http:// Vehltor.com and VehltorOcala.com /support.

Vehltor® may at any time and for any reason, including a period of account inactivity, terminate your access to Vehltor® services, terminate this Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

Except as set forth above or unless Vehltor® has previously canceled or terminated your use of Vehltor® services (in which case subsequent notice by Vehltor® shall not be required), if you have provided an alternate email address, Vehltor® will notify you via email of any such termination or cancellation, which shall be effective immediately upon Vehltor's™ delivery of such notice. Sections 15 through 22 of the Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

11. ADVERTISEMENTS

Many Vehltor® services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by Vehltor on its services are subject to change. You agree that Vehltor® shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on Vehltor® services.

12. LINKS

Vehltor services may provide, or third parties may provide, links to other websites or resources. Because Vehltor® has no control over such sites and resources, you acknowledge and agree that Vehltor® is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Vehltor® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

13. INDEMNITY

You agree to hold harmless and indemnify Vehltor®, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of Vehltor® services, violation of these Terms of Service or any other actions connected with use of Vehltor® services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Vehltor® will provide you with written notice of such claim, suit or action.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF VEHLTOR SERVICES IS AT YOUR SOLE RISK. VEHLTOR® SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VEHLTOR® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. VEHLTOR® MAKES NO WARRANTY THAT (i) VEHLTOR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) VEHLTOR® SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF VEHLTOR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH VEHLTOR® SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VEHLTOR® SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VEHLTOR® THROUGH OR FROM VEHLTOR® SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VEHLTOR SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VEHLTOR® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE VEHLTOR® SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM VEHLTOR® SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON VEHLTOR® SERVICES; OR (v) ANY OTHER MATTER RELATING TO VEHLTOR® SERVICES.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

17. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

18. NOTICE

You agree that Vehltor® may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Vehltor® services.

19. DIGITAL MILLENNIUM COPYRIGHT ACT

It is Vehltor's™ policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For details and more information, please see contact our legal Counsel.

20. GENERAL INFORMATION

Entire Agreement. The Terms of Service constitute the entire agreement between you and Vehltor® and govern your use of Vehltor.com and VehltorOcala.com , superseding any prior agreements between you and Vehltor® with respect to Vehltor.com and VehltorOcala.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Vehltor® services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between you and Vehltor® shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Vehltor® agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion County, Florida.

Waiver and Severability of Terms. The failure of Vehltor® 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.

Statute of Limitations. 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 Vehltor® services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.