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Terms of Use

Welcome to the Mojo Motors website (the "Site"). Mojo Motors provides its services to you subject to the following conditions. Before you may use the Site or the Service (as defined below), you must read and accept all of the terms and conditions in, and linked to, this Terms of Service ("TOS") and the linked Privacy Policy. We strongly recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. This TOS is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents referenced in this TOS or on the Site, the TOS will control. You may only use certain portions of the Site if you are a Mojo Motors registered buyer or seller. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site or Service in any way.

1. Description of Services.

The Site is a venue for informational and educational purposes to allow members (car buyers) to review used vehicles listings from local automotive dealers (the "Service") offering discounts on their vehicles. None of the vehicles listed on MojoMotors.com are owned by Mojo Motors. Mojo Motors does not sell vehicles directly and is never a party to any transaction between buyers and sellers. As a result, Mojo Motors does not (a) guarantee or ensure any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any vehicles. You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

2. Accuracy of Vehicle Listing Information.

Mojo Motors displays listings of pre-owned vehicles for sale by licensed automobile dealers and the vehicle descriptions and prices listed are electronically posted to Mojo Motors either directly or through a third party by the participating dealer who owns the vehicle. The transmission of vehicle listings from the participating dealer for posting to Mojo Motors necessarily involves the passage of time and the possibility that unintentional errors can occur. When viewing vehicle listings on Mojo Motors, you must understand that:

PRICES LISTED FOR VEHICLES EXCLUDE STATE AND LOCAL TAXES, AS WELL AS ANY STATE AND LOCAL GOVERNMENTAL CHARGES, INCLUDING WITHOUT LIMITATION, REGISTRATION, LICENSE AND TITLE FEES, DOCUMENTARY FEES, EMISSIONS CERTIFICATION FEES AND ADDED ACCESSORIES YOU CHOOSE TO PLACE ON THE VEHICLE

ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOU CONTACT THE DEALER

ALL LISTINGS ARE SUBJECT TO THE WARRANTY DISCLAIMER IN THESE TERMS OF USE.


Our used car listings include vehicles that have been "certified" as meeting certain standards established by manufacturers and/or dealers in connection with their pre-owned vehicle programs. The decision to certify any particular vehicle is made by the certifying manufacturer or dealer, and the vehicle information included in Mojo Motors certified vehicle listing is provided by the listing dealer. Neither Mojo Motors nor the manufacturer is responsible for the accuracy of any information contained in a certified vehicle listing and only the manufacturer or dealer that certifies a vehicle is responsible for the decision to certify that vehicle. You should familiarize yourself with the terms of the applicable certification program before buying any certified vehicle.

3. License and Site Access.

Mojo Motors grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site or the framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Mojo Motors’s sole discretion) an unreasonable or disproportionately large load on Mojo Motors’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Mojo Motors to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you herein by Mojo Motors.

4. Membership Eligibility.

The Service is not available to minors under the age of 18 or to any users previously suspended or removed from the Site or Service by Mojo Motors for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their MojoMotors.com accounts to another party. If you do not qualify, you may not use the Service or the Site.

5. Your Account.

You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Mojo Motors has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mojo Motors has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Mojo Motors immediately of any unauthorized use of your account or any other breach of security. Mojo Motors reserves the right to refuse service, terminate accounts, change usernames and/or password, and/or remove or edit content in its sole discretion.

6. Submitted Content.

Mojo Motors does not claim ownership of any materials (including comments, ideas, questions, designs and other similar communications) you make available to Mojo Motors through the Site. However, you hereby grant Mojo Motors a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials and to use your name and other identifying information in connection with such use. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 6.

7. Disclaimer of Warranty.

THE SITE, ALL CONTENT AVAILABLE ON THE SITE, AND THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. NONE OF MOJO MOTORS, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “MOJO MOTORS PARTIES”) ENDORSES OR IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR THE SERVICE BY ANY PARTY OTHER THAN MOJO MOTORS. UNDER NO CIRCUMSTANCE WILL ANY MOJO MOTORS PARTY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICE, OR ANY TRANSACTION FACILITATED BY OR PRODUCT SOLD AS A RESULT OF THE SITE OR THE SERVICE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR THE SERVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

8. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NONE OF THE MOJO MOTORS PARTIES SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY 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 MOJO MOTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, ANY CONTENT AVAILABLE ON THE SITE OR THE SERVICES.

9. Indemnity.

You agree to indemnify, defend and hold the Mojo Motors Parties harmless from and against any claim or demand, including, but not limited to, reasonable attorneys’ fees, arising out of or related to (i) your use of the Site or the Service (including, without limitation, any transaction facilitated by or product bought or sold as a result of such use), (ii) your breach of this TOS, or (iii) your violation of any law or the rights of a third party.

10. Electronic Communication.

When you use the Site or send emails to Mojo Motors, you are communicating with Mojo Motors electronically. You consent to receive communications electronically from Mojo Motors and its Site Affiliates (as defined in the Privacy Policy). Mojo Motors will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

11. Site-Provided Email and Postings.

The Site may provide users with the ability to send email messages to other users and non-users and to post messages, information or other content (collectively “Postings”) on the Site. Mojo Motors is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. However, Mojo Motors may from time to time monitor the Postings and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to create Postings or initiate communications that:

(i) Contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

(ii) Are advertisements or solicitations of any kind.

(iii) Impersonate others or provide any kind of false information.

(iv) Contain personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.

(v) Are messages by non-spokesperson employees of Mojo Motors purporting to speak on behalf of Mojo Motors or containing confidential information or expressing opinions concerning Mojo Motors.

(vi) Are messages that offer unauthorized downloads of any copyrighted or private information.

(vii) Are multiple messages placed within individual folders by the same user restating the same point.

(viii) Are chain letters of any kind.

(ix) Are identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using Site invitations to send messages to people who do not know you or who are unlikely to recognize you as a known contact; b) Using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.

12. Links; Advertisements.

The Site may periodically provide links to third party web sites (“Third Party Sites”). This TOS governs only the Site and not any Third Party Sites. You acknowledge and agree that Mojo Motors is not responsible for the availability of any Third Party Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from any Third Party Site. You further acknowledge and agree that Mojo Motors 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 your use of or reliance on any such content, goods or services available on or through any Third Party Site. If you decide to access a Third Party Site, you do so at your own risk.

Mojo Motors prohibits the use of any links to the Site from other websites unless establishment of such a link is approved in advance by Mojo Motors in writing. You may not frame any elements of this Site with any other website.

Mojo Motors, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by Mojo Motors. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser and Mojo Motors is not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site.

13. Access To Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

14. Modification and Notification of Changes.

Mojo Motors reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. When Mojo Motors makes changes to this Agreement, it will update the “Historical Modifications” section at the end of the TOS and/or Privacy Policy and will post a message on the home page of the Site indicating that modification(s) have been made. We encourage you to periodically review this TOS and the Privacy Policy. Your continued use of the Site or the Service after any changes or revisions to this TOS shall indicate your agreement with the modified terms of this TOS.

Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy, you may do so by sending an email with the subject line "Termination" to the following email address: support@mojomotors.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.

15. Intellectual Property Rights.

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Mojo Motors and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Mojo Motors or such third party which may own the Marks.

All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

Mojo Motors respects the intellectual property of others, and we ask our users to do the same. Mojo Motors may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Mojo Motors’s Copyright Agent the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Site;

(iv) your address, telephone number, and email address;

(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(vi) 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.

Mojo Motors’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent:

Paul Nadjarian
MojoMotors
150 West 30th Street
Suite 1200
New York, NY 10001
Email: support@mojomotors.com
Phone: 877.585.0949

16. Survival of Terms After Agreement Ends.

Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, the following provisions will survive the expiration or termination of this TOS: Section 2 (Accuracy of Vehicle Listing Information), Section 6 (Submitted Content), Section 8 (Disclaimer of Warranty), Section 9 (Limitation of Liability), Section 10 (Indemnity), Section 16 (Intellectual Property Rights), Section 18 (General) and this Section 17.

17. General.

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Mojo Motors may offer special promotional offers which may or may not apply to your Mojo Motors account. You agree to be bound by any additional terms and conditions for these special, offers which can be found by clicking here. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and Mojo Motors will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Mojo Motors agree to submit to the personal jurisdiction of the federal and state courts located in the State of New York with respect to any legal proceedings that may arise in connection with this TOS. The failure of Mojo Motors to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Mojo Motors does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and Mojo Motors and governs your use of the Site, superseding any prior agreements between you and Mojo Motors with respect to the Site.

Historical Modifications:
10/1/2010: Initial version posted
04/15/2011: Updated version posted

Privacy Policy

Effective Date: 10/24/2011

This privacy statement describes how MojoMotors collects and uses the personal information you provide on our Web site: www.mojomotors.com. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

If you have questions or complaints regarding our privacy policy or practices, please contact us at support@mojomotors.com.

Collection and Use of Personal Information

We collect the following personal information from you:

  • Contact Information such as name, email address, mailing address, phone number
  • Unique Identifiers such as user name, account number, password
  • If you are a dealer, your company's name, mailing address, and other company information

As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

We use this information to:

  • Respond to customer service
  • Administer your account
  • Improve our Web site and marketing efforts

Choice/Opt-Out

You may choose to stop receiving our emails by logging into your account and updating your notification selections or you can contact us at support@mojomotors.com. We enable you to create an account, and share information such as messages, offers, & requests with others.

Information Obtained from Third Parties

If you provide us personal information about others (such as providing information about your company, as a Dealer), or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

Information Sharing

We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties.

We may provide your personal information to companies that provide services to help us with our business activities such as offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.

We may also disclose your personal information

  • As required by law such as to comply with a subpoena, or similar legal process
  • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
  • If MojoMotors is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information,
  • To any other third party with your prior consent to do so.

Cookies and Other Tracking Technologies

Cookies
A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. We use session ID cookies to make it easier for you to navigate our site and are used for authentication. They are also used to maintain state across some site pages of our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's file. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited.

Tracking Technologies & Third Party Cookies
We use Google Analytics, a third-party tracking service, which uses cookies to track non-personally identifiable information about our visitors to our site in the aggregate to capture usage and volume statistics. Some of our business partners (e.g., Google Analytics) use cookies on our site. We have no access to or control over these cookies. This privacy statement covers the use of cookies by MojoMotors only and does not cover the use of cookies by any third-party.

Web beacons
Our Web pages contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
We use a third party to gather information about how you and others use our Web site. For example, we will know how many users access a specific page and which links they clicked on. We use this aggregated information to understand and optimize how our site is used.

Links to Other Web Sites
Our Site includes links to other Web sites whose privacy practices may differ from those of MojoMotors. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.

Security

The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at support@mojomotors.com

Additional Policy Information

Our Web site includes Widgets, which are interactive mini-programs that run on our site to provide specific services from another company (e.g. displaying the news, opinions, music, etc). Personal information, such as your email address, may be collected through the Widget. Cookies may also be set by the Widget to enable it to function properly. Information collected by this Widget is governed by the privacy policy of the company that created it.

Our Web site offers publicly accessible blogs & community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.

You can link to our site using social networking services such as Facebook & Twitter. These services will authenticate your identity and provide you the option to share certain personal information with us such as your sign-in information, name and email address to link between the sites. Services like Facebook & Twitter give you the option to post information about your activities on this Web site to your profile page to share with others within your network.

Correcting and Updating Your Personal Information

To review and update your personal information to ensure it is accurate, you may login to your account or contact us directly at support@mojomotors.com. Mojo Motors may use publicly available information to correct or edit any errors within a user’s account.


Notification of Privacy Statement Changes We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Information

You can contact us about this privacy statement by writing or email us at the address below:

MojoMotors
150 West 30th Street
Suite 1200
New York, NY 10001
Email: support@mojomotors.com
Phone: 877.585.0949

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