Last Modified: January 4, 2024
The following are the terms and conditions (the “Terms”) of a legal agreement between you and Go CarHub 1, LLC (“GoCarHub”, “we”, “our”, or “us”). By accessing, browsing, downloading, installing, or using our website located at https://gocarhub.app (the “Website”) or the GoCarHub mobile application (the “App,” and collectively with the Website, the “Site”) you acknowledge that you have read, understood, and agree to be bound by the Terms and to comply with all applicable laws and regulations in the United States and wherever you use the Site (the “Agreement”). If you are entering into this Agreement on behalf of another person or legal entity, you represent that you have the authority to bind such person or legal entity to these Terms. If you do not have such authority, or do not agree to these Terms, do not use the Site or Services (as defined below).
YOU AGREE THAT BY USING OUR SITE OR SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
The Site provides a platform connecting potential vehicle purchasers (“Buyers”) with participating vehicle sellers (“Sellers”), where Buyers may browse various vehicle listings (the “Listings”) and be connected with, and communicate directly to, the corresponding Sellers (collectively, the “Services”). You agree and acknowledge that GoCarHub is solely an intermediary and: a) does not own or have any ownership interest in any vehicle listed for sale on the Site; b) is not a broker or dealer of vehicles and does not buy, sell, or offer for sale any vehicles listed on the Site; c) does not negotiate, or attempt to negotiate, the terms of sale for any vehicle listed on the Site; d) all vehicle sales are solely between Buyers and Sellers, GoCarHub will not be a party to any vehicle sale transaction originating on or through the Site; e) does not inspect, or have inspected, any vehicle listed on the Site, and any dispute regarding the condition of any such vehicles is solely between Buyers and Sellers; f) makes no guarantees, warrantees, or representations regarding any vehicles listed on the Site; g) Listings are provided solely by the Seller, Buyers are solely responsible to confirm all information contained therein before making a purchase; and h) only a Buyer and Seller, or their agents, will negotiate the terms of sale of any vehicle listed on the Site, and GoCarHub is not responsible for any incorrect information provided by Buyers or Sellers, or their agents, in connection with such negotiation including, without limitation, information regarding the ownership, condition, history, and/or mileage of the vehicle and the identity or financial capability of the Buyers and/or Sellers.
To use the Services, you may be required to register for an account and provide us with certain information, including personal information (for more information regarding our privacy practices, please see our Privacy Policy available at https://about.gocarhub.app/privacy-policy/). By registering for an account, you agree that all of your registration information will be legal, accurate, and complete, and your account will only be used by you or others who you have provided the necessary consent to do same. You are responsible for the confidentiality of your account information, including your username and password, and any use of the Services made through your account is your sole responsibility. If you become aware of any unauthorized use of your account, you must notify us immediately. You may cancel your account at any time by deleting your account on the Site. We may cancel your account for any reason, without notice, in our sole discretion.
The Site and Services contain certain information, including without limitation, Listings, text, photographs, videos, and other materials (collectively, the “Materials”) that are provided for your convenience. You agree and acknowledge that the Materials may contain errors, omissions, inaccuracies, and outdated information. We make no representations or warranties as to the completeness, accuracy, adequacy, or reliability of any Materials and will not be liable for any lack of the foregoing.
In connection with your use of the Services, you shall not: a) engage in any activity that could damage, disable, impair, interrupt, or interfere with the Services, including networks and servers connected to the Services; b) introduce a virus, worm, trojan horse, or any other malicious or harmful software code, data, or file that may damage, interference with, intercept or expropriate any system, data, personal information or property of another; c) attempt to gain unauthorized access to accounts not owned or operated by you, or to any connected network or servers to the Services through hacking, phishing, or other means; d) use the Services on a service bureau or shared basis; e) host the Services to be accessible by third parties; f) sell, lease, or rent access to or use of the Services or otherwise transfer any rights to use the Services under this Agreement; g) utilize the Services in connection with any activity that would constitute a violation of any applicable law, regulation, or ordinance; h) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services; i) defame, defraud, abuse, harass, stalk, threaten, or otherwise violate any legal rights (such as rights of privacy and publicity) of others; j) transmit any files or materials protected by intellectual property laws, unless you own or control the rights thereto or have received the necessary consent to do same; k) utilize “software robots,” “scripts,” “spiders,” “web crawlers,” or utilize computer programs that recursively query the Website over the Internet; l) attempt to reverse engineer, decompile, or otherwise derive the source code of the App; m) copy, duplicate, reproduce, modify, or create derivate works based upon the Site or Services, or any portion thereof.
Additionally, and without limiting in any way the foregoing, you acknowledge and agree that you will not use the Services in connection with any of the following: a) obscenity; b) actual or simulated illegal or unsafe actions; c) illegal drugs (including drugs that may be perceived as illegal in certain locations, e.g., medicinal marijuana); d) hate speech; e) private personal information; f) escort services, sex trafficking, or prostitution; or g) sexual content. We reserve the right to terminate or suspend your access to the Site and Services at any time, with or without notice, for engaging in any inappropriate activity.
You acknowledge that you are solely responsible for any breach of your obligations under this Agreement and for the consequences of any such breach (including any loss or damage which we may suffer).
We retain ownership and control of all intellectual property inherent in, associated with, or related to the Services, including, but not limited to, copyrights, patent rights, trademarks, trade dress, or service mark rights, whether registered or unregistered, arising under Federal, State, or Common-Law, as well as confidential or commercially sensitive information, such as trade secrets. Our intellectual property includes content included on the Site and Services, including but not limited to information, data, software, graphs, photographs, videos, typefaces, graphics, music, sounds and other such material. You shall not use our trademarks, logos, or service names, without our prior express authorization to do so in writing.
To the extent that you access and utilize the Site as a Seller, you expressly agree that: a) to the best of your knowledge, all information contained in a Listing will be legal, accurate, and complete; b) you will ensure to make all best efforts to provide any Service that you accept; c) you will ensure to make all best efforts to timely render any Service that you accept; d) all direct and/or consequential damages, financial or otherwise, which are attributable to your conduct in connection with providing the Services, and that all delays, acts, or omissions, performance, or non-performance, intentional or non-intentional, in connection with your obligations under this Agreement, your use of the Site and/or the Services, are your sole responsibility and not ours; e) you acknowledge that you are responsible for complying with all laws in the location where you perform the Services; and f) we may terminate your account if you violate these Terms, in our sole discretion, and you will forfeit any pre-paid amounts upon such termination.
The term of this Agreement will begin upon your use of the Site will continue in effect until such use is terminated. We reserve the right to terminate this Agreement at any time with or without written notice to you. If we become aware of any potential violations by you in your use of the Services, or any other provision of this Agreement, we reserve the right to investigate such violations, and may, at our sole discretion, terminate your use of the Services without prior notice to you. You may terminate this Agreement by deleting your account on the Site. All provisions of this Agreement that by their nature should survive termination of this Agreement shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, choice of law and forum, and intellectual property protections).
We expressly reserve the right to modify, suspend, or discontinue the Services or any parts thereof at our sole discretion, at any time. We expressly reserve the right to make changes to this Agreement, at any time. Your continued use of the Site after a change to this Agreement constitutes your acceptance of the changes to this Agreement. If you do not agree to be bound by this Agreement, as modified, you must terminate your use of the Site immediately.
We provide a service and would be unable to function if we were held responsible for the actions or inactions of any Buyers, Sellers, or other users of the Services we provide. Therefore, as inducement for us permitting you access to use the Services, you hereby agree to release us, our directors, officers, employees, and agents from all damages (whether direct, indirect, consequential, incidental, or other damages), losses, liabilities, costs, and expenses of every kind and nature, known or unknown, arising out of or connected with disputes between you and third parties (e.g., Buyers and/or Sellers) in connection with the Services.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED ON OR THROUGH THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT LIMITATION, COMPUTER “VIRUSES,” “WORMS,” “BUGS,” DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GOCARHUB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MATERIALS, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED IN AGGREGATE THE LESSER OF (US)$100 OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You hereby agree to indemnify, hold harmless, and defend us, our directors, officers, employees, and agents from and against any and all claims, lawsuits, or other proceedings, and reimburse all expenses, costs, reasonable attorneys’ fees, judgments, damages, and other liabilities resulting from the same claims, lawsuits, or other proceedings which arise or result from your use of the Site or Services. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all claims, demands, proceedings, suits, actions, or causes of actions which are brought against us and in no event shall you settle any such claim without our prior written approval.
By providing your cell phone number, you agree to receive text messages (e.g., SMS/MMS) in connection with the Services. You may receive text messages from Buyers and/or Sellers, from GoCarHub, or our service providers. You hereby give such permission to send text messages to your cell phone number through your wireless phone carrier, unless and until you end permission per these Terms. Message and data rates may apply.
Not all mobile devices may be supported, and such messages may not be deliverable in all areas. Mobile carriers are not liable for delayed or undelivered messages.
To cancel this text messaging service, text the keyword STOP to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP to us, you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that GoCarHub and our service providers will have no liability for failing to honor such requests. You further acknowledge that, if you unsubscribe from one of our text message programs, you may continue to receive text messages from Buyers and/or Sellers directly, for which we have no control.
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text message with information on how to unsubscribe.
You agree that any dispute, claim, or controversy arising out of or related to this Agreement, or our Privacy Policy, Site, or Services shall be settled by final and binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”), rather than in a court of law. You agree that you are knowingly and voluntarily giving up your right to a trial and have your dispute heard by a judge or jury in a court of law. Any such dispute, claim, or controversy shall be arbitrated on an individual basis and shall not be joined or consolidated with a claim of any other party or class. You agree that the arbitrator’s decision shall be controlled by this Agreement and any other agreement that you have with us. You agree that the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration will be administered by the AAA, pursuant to the rules of the AAA. For more information on the rules, procedures, and fees of the AAA, please visit their website at www.adr.org. The foregoing shall not preclude GoCarHub from seeking any injunctive or other equitable relief in State or Federal court for protection of intellectual property rights.
This Agreement, including binding arbitration, will be governed by the law of the State of Florida, without regard to the conflict of laws principles thereof. If any dispute, controversy, or claims cannot be resolved in arbitration between the parties, then it shall be submitted for resolution to a court of competent jurisdiction in Broward County, Florida, and the Federal Courts in and for the Southern District of Florida, and the parties hereby submit that exclusive venue shall lie with such courts, and the parties hereby irrevocably submit to the jurisdiction and venue of such courts.
This Agreement sets forth the entire agreement between you and GoCarHub regarding the use of the Site and Services. You agree that there are no representations or obligations regarding your use of the Site and Services other than those reflected in this Agreement, and that you are not relying on any representations or obligations regarding your use other than those reflected in this Agreement.
If any provision of this Agreement is held illegal or unenforceable in any proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder of this Agreement shall remain in full force and effect.
Any failure or delay in performance by either party shall be excused if and to the extent caused by an Act of God (fire, flood, earthquake, storm, or natural disaster), war or civil disorder, invasion, act of foreign enemies, hostilities, terrorism, riots, government actions, lockout or interruption or failure of electricity of network service, or other cause beyond the reasonable control of the parties.
By accessing or using the Site, you agree that you have read our Privacy Policy available at https://about.gocarhub.app/privacy-policy/, that you understand our Privacy Policy, and that you consent to the collection of data and other information under the terms of our Privacy Policy.
