Terms And Conditions
Introduction:
The following terms of use govern your use of the CarXstream website. The terms “CarXstream,” “company,” ‘the company,” “we,” “us,” and "our" refer to CarXstream LLC, and the terms "you" and "you’re" refer to you as a user of our websites, mobile, and other online applications and products and services (collectively, the "CarXstream Sites"). And any content made available from or through the website, including any services offered on or through the website (collectively, the "Services"). The website is owned and operated by CarXstream LLC. You agree to the Terms of Use described here by using our services. If you have any questions or concerns regarding the terms of use, please do not hesitate to contact us.
You can access these Terms of Use at any time in the footer of the home page or initial screen. Your access, visitation, and/or use of the Service, including without limitation any registration on any aspect of the Service, will constitute your agreement to this Terms of Use. If you disagree with the terms of use, you may not access, visit and/or use the Service.
CarXstream reserves the right to modify these Terms of Use without prior notice at any time. Your continued use of the website following any changes to these Terms of Use will mean you accept those changes
Arbitration notices and class action waiver: except for certain disputes described in the arbitration agreement section below, you agree that a binding, individual arbitration will resolve disputes between you and us, and you waive your right to participate in a class action lawsuit or class-wide arbitration.
General Provisions:
CarXstream is the sole controller of the CarXstream digital car-selling platform. It provides you with varied services ranging from the sale and purchase of cars with the compliance of all the legal formalities, providing a clear title of the vehicle to the buyer, transportation of such cars to maintenance & repairs of used cars/second-hand vehicles. The Company recognizes its success depends upon its ability to satisfy those expectations and commits to using its best efforts to supply products and services commensurate with such standards. The Company acknowledges and agrees that fulfilling this Agreement's terms and conditions is essential to achieving these goals. The Company agrees that successful functioning under this Agreement depends on cooperation, goodwill, and fair dealing. The broadest objective of this Agreement is to put the business relationship between the Company and the user on a basis where these principles guide both parties in their joint effort to promote the sale of used motorcars to achieve the highest possible level of customer satisfaction.
Once the user registers, accesses, or otherwise uses the CarXstream website and mobile application, they agree directly to be bound by the terms and conditions stipulated below. The mere use of the company’s website and mobile application implies that the user has read and has complete knowledge about the terms and conditions of using and accessing the website and mobile application.
The content that appears on the CarXstream is for general informational purposes only. While we aim to provide a helpful site, be mindful that we may contain errors from time to time. The site includes materials and information collected from and provided by users that we may have yet to evaluate or review. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any materials or information on the CarXstream sites. It would be best to rely on it with independent verification. We encourage you to bring to our attention any materials or information on the CarXstream Sites that you believe to need to be more accurate.
Buying and Selling Vehicles:
A. CarXstream is a vehicle listing and information service platform that connects buyers, sellers, and service providers. CarXstream is not a party to any transaction between vehicle buyers and sellers that originates on or through our sites. The site acts as a meeting place; the contract for sale for each vehicle listed is directly between the seller and the buyer. The seller supplied information about a particular vehicle and may include data from third parties and/or machine learning. Any sale's price and other terms remain subject to direct negotiation between the buyer and the seller.
B. Though we hope that all who come to our sites will act honorably and treat each other fairly, we try to verify the vehicle information to the best of our ability. Still, we cannot guarantee the vehicles and can't and won't be responsible for ensuring that any Seller Car is up to a certain quality standard. When using the CarXstream sites to find a buyer for your vehicle or a vehicle to purchase, we urge you to use the same common sense and good judgment you would use in selling a car through, or responding to, a classified ad in the newspaper.
C. Please read fraud awareness tips before you buy or list a vehicle on our sites. There is no substitute for healthy skepticism and good judgment. Notwithstanding the preceding, we don't control the actions of any seller or buyer, and sellers aren't our employees.
D. CarXstream does not directly offer the Seller Cars. Sellers may only remove a car made available for sale on the site after the end of the sale. While a Seller Car is listed on the site, the seller may not list or make available such Seller Car on any other dealership, listing service, or publication.
E. The prices listed by sellers on our sites often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing, and compliance fees, any, or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Before purchasing a car or any other good or service you have read about on our sites, you should confirm with the seller any information necessary to your purchasing decision, including the price. CarXstream is not responsible for and does not guarantee the performance of any such vehicles, goods, or services listed or researched on our sites. We may remove or hide parts or all vehicle advertisements on the CarXstream sites if we determine, in our sole discretion, that the vehicle advertisement or price violates our terms and conditions.
F. Our used car listings include vehicles that have been "certified" as meeting specific standards. Neither the manufacturer nor we are responsible for the accuracy of any information in a certified vehicle listing. Only the party that certifies a vehicle is responsible for the decision to certify that vehicle.
G. By offering a vehicle for sale through our Sell Your Car service, you agree to our Terms of Sale. The Terms of Sale require, among other things, that you be prepared to sell your vehicle at the price at which and on the terms on which you have listed it. You must possess the vehicle listed and the ability to transfer the title. To list a car for sale on our sites, sellers must also provide certain identifying and contact information. The information must accurately identify the seller, and the contact method must permit buyers to communicate directly with the seller. You may only charge the potential buyer for information about any vehicle listed for sale on our site. You may not use our sites to promote any other website, product, or service without our permission.
H. By using the CarXstream to sell your vehicle as a private seller, you represent that you are at least 18 years of age, that you are not a motor vehicle dealer, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and that neither you nor anyone acting on your behalf will list more than three vehicles for sale simultaneously. For a private seller wishing to list more than three vehicles simultaneously, don't hesitate to contact us for more information. You cannot edit your vehicle's year, make, model, or VIN while buying or selling a listing. Always double-check this information before uploading or purchasing a listing. You must reach us if you enter incorrect information in the year, make, model, or VIN fields. You also agree to pay any applicable taxes on using the Sell Your Car service.
I. Responsibility for the information in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your vehicle, and for the content of all email messages you transmit through our sites. Nothing will undermine a user's confidence in the car you want to sell faster than inaccurate statements or misleading representations about the vehicle. We care deeply about making sure that the information you supply is accurate and that, in all respects, you treat other users of the CarXstream sites fairly and honorably.
J. In connection with our efforts to combat Internet fraud, listings may be screened before posting publicly. This process may delay the publication of your listing. Using the CarXstream sites, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller may be violating the terms of this user agreement, we reserve the right to deny that seller's use of services offered.
K. By listing a vehicle for sale on our site, you agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle.
L. By listing a vehicle for sale on the CarXstream site, you represent that: you are the sole author and owner of the intellectual property rights in any data, information, text, image, or other material that you submit to us; you voluntarily waive all "moral rights" that you may have in such content; the content you submit is accurate and not false or misleading nor does it infringe any third party's copyright, patent, trademark, trade secret or other intellectual or proprietary rights or rights of publicity or privacy. You further agree that you shall not: submit any Content that is, or may reasonably be considered to be, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, threatening, abusive, inflammatory, hateful, racially or religiously biased, or offensive, harassing, fraudulent, or otherwise objectionable to any individual, partnership or corporation; or impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
M. We may screen some emails sent through the CarXstream sites to sellers about vehicles listed on our Sites. If your email message has not reached the vehicle’s seller you are inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
N. The parties to this agreement agree and undertake to get the vehicle examined by the police official, BMV official, or BMV-certified dealer signee for obtaining the certificate of title of the car.
O. A bill of sale shall be executed between the parties to the agreement to complete the transaction. The same will be shared with the buyer and seller at the time of the finalization of the deal.
P. Buyer and seller have indicated that they wish to electronically receive, sign, or transmit documents relating to your transaction with CarXstream. We are required by law to give buyers/sellers certain information "in writing, "- which means buyers/sellers are entitled to receive it on paper. CarXstream needs buyer-seller consent to provide this information electronically instead. We also need your general consent to use electronic records or signatures in our transaction with the buyer/seller. Therefore, the buyer/seller undertakes to consent to electronic signatures. We undertake to provide a precise specification as to the Convenience fee to the buyer/seller.
Q. The buyer undertakes to avail the credit card facilities to purchase the vehicle. The buyer shall be obliged to provide the correct information while applying for the credit cards.
Electronic Registration:
Once the user registers access or uses our website or mobile application, they are providing their consent to us to communicate with them electronically with the user by email, by text, or by calling on the contact information they provided. The user also agrees that they will not raise any objection in cases of the company’s electronic communications with them. CarXstream communicates with the user electronically after satisfying all the legal requirements. Further, the company shall have the right to monitor the upload, download, and usage of the Application/Services/products and the contents thereof by the user, to analyze such use, and discuss the same with the user to enable effective and efficient usage of the Services.
Intellectual Property:
CarXstream undertakes all the data, information, and other resources displayed or accessible on its website/mobile application are copyrighted per the relevant laws, rules, and regulations. We own and control the full licenses and intellectual property content as displayed and accessible on its website and mobile application. However, the company does not undertake any liability if any content, data, or information is found inappropriate, irrelevant, or wrong. Although, the company shall immediately correct the content, data, or information if found wrong.
No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any way without obtaining prior written permission from the company. Nothing on this Application or Website or Services shall be, or products deemed to confer a license of any other right, interest, or title to or in any of the intellectual property rights belonging to the company to the user.
Buyer/seller may own the medium on which the information, content, or materials resides. Still, the company shall always retain complete title to the information, content, or materials and all intellectual property rights inserted by the company on such medium.
Responsible Use of Website and Application:
The use of the website/mobile application should be so as not to interfere with the performance, availability, or accessibility of the website or the mobile application. The user respects the company's website and application services and products. The user may not decompile, reverse engineer, or disassemble the contents of the Application and/or our Website and/or Services/products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and/or company's Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the application and/or our Website and/or Services/products.
Transmitting material that encourages anyone to commit a criminal offense results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice. Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property, or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else; Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files, or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent.
Suppose any person is involved in such practices described above, which shall hinder or obstruct the company's business. In that case, we shall have the full authority to act against them under the law, including cost, compensation, damages, or any form of punishment as provided under the appropriate law.
Fees:
The user shall pay the company's standard fee for the utilization of all services described by the company. All payments shall be made in dollars and be due within 30 days of the invoice date. On all amounts past due, the user shall be liable to pay interest at 2% per month for the time value of the unpaid fees. The user will be liable to indemnify the company for all the expenses incurred by the company to collect outstanding balances. The user will pay monthly or on an agreed-upon basis during service activation. The company may issue invoices in electronic or paper form, including but not limited to posting electronic invoices through the service. If the Activation Terms permit credit card payment, we may charge fees directly to the Customer's credit card on their due dates. A returned cheque or declined charge attempt constitutes a material breach of this Agreement. The user agrees to pay all state and local sales, use, or other taxes from using the service. The company may include such taxes in its invoices. If the user reactivates an account previously deactivated due to non-payment, the user shall be required to pay the company's then-standard reactivation fee. The company shall not be liable to refund or credit any amounts paid or prepaid for service failure or other reasons.
Payments:
Dwolla: Verified Customer Record
In order to use the payment functionality of CarXstream LLC’s application, you must open a "Dwolla Account" provided by Dwolla, Inc. and you must accept the Dwolla Terms of Serviceand Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached atsupport@carxstream.com.
Dwolla: Receive Only Language
If you register to create an account to receive payments via our application, you expressly authorize CarXstream LLC’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You must be at least 13 years old and obtain parental permission if under 18 to receive funds. You authorize us to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data.Dwolla’s Privacy Policy is available here.
Indemnity:
The user agrees to defend, indemnify, and hold harmless the company, its officers, directors, employees, and agents from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
A. The users use and access the Application/Website/Services.
B. The users' violation of any term of these Terms or any other company policy.
C. The user’s violation of any third-party right, including, without limitation, any copyright, property, or privacy right.
D. Any claim that the user's use of the Application/Website/Services has caused damage to a third party.
This defense and indemnification obligation will survive these Terms.
Sharing of Intellectual property:
Refusing to share your original ideas or content on our platform is advisable without a written non-disclosure agreement signed with the company. If the user still does so, they permit us a worldwide, irrevocable, non-exclusive, royalty-free license to reproduce, store, adapt, publish, and distribute such data, content, or idea.
Termination of Use:
At its sole discretion, the Company may modify, alter or discontinue specific user access, visit, and use its website and mobile application temporarily or permanently. The company shall not be responsible to the user or any third party for the services' suspension, modification, or discontinuance. The user will not be entitled to compensation, damages, or costs. The user must not attempt to bypass or circumvent any restrictive measure displayed on the company's website or mobile application.
Legal Compliances:
The data, services, and products are legally compliant, as displayed on the company's website and mobile application. The company abides by all the rules, statutes, and regulations of the nation and the international norms stipulated for compliance. Users also agree to comply with all the legal requirements to use, visit and access the company's website and mobile application.
Assignment:
The user hereby undertakes not to assign, transfer or subcontract any of their obligation or rights under the terms of use of the company's services and products in whole or in part to any other third party without our consent. Any purported assignment violating the terms and conditions specified here or in any other allied contract specified above shall be null and void.
Breaches of the Term and Conditions:
Without prejudice to the company's other rights under these terms and conditions, if the user breaches any of the terms and conditions as set out, then the company shall have the liberty to temporarily or permanently suspend or modify the users account, get in touch with the users' internet service provider to block their access to company's website and to initiate legal action against them, including recovery of compensation and damages.
Waiver:
In case of failure to enforce or apply any provision as set out in these terms and conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provision and shall not affect the validity of these terms and conditions or any Agreement or any part thereof, or the right after that to enforce each provision.
Choice of Law and Jurisdiction:
The Laws of the United States shall govern these Terms and conditions. Any Dispute concerning these Terms and Conditions shall be subject to the Courts of the United States. Suppose any part of the provision is found to be illegal, invalid, unjustified, and unenforceable. In that case, that part of the provision shall be modified, deleted, or altered per the statute or law to give effect to that provision. The other provisions shall not be affected in any case.
Change of Terms and Conditions:
Company may have the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features, or functionality of the Application or the Services as it deems fit at any time without notice. Further, the company has the right to amend these terms occasionally without prior notice to the user. The company makes no commitment, express or implied, to maintain or continue any aspect of the application. The user agrees that the company shall not be liable to them or any third party for any modification, suspension, or discontinuance of the Application/Services.
Language:
The terms and conditions set out and stipulated in any of the agreements or contracts shall be construed and interpreted in English Only. All communication shall be done in English Only.
Disclaimer:
In preparing the Application/Website/Services/products and contents therein, the company disclaims any responsibility for any errors and accuracy of the information that may be contained in the application. Any feedback from the user is most welcome to make the application and contents error-free and user-friendly. The company also reserves the right and discretion to make any changes/corrections or withdraw/add content at any time without notice.
Dispute resolution – mandatory arbitration and class action waiver arbitration agreement.
You and CarXstream agree that any claims or disputes (“claims”) that arise out of or relate in any way to the terms of this or any other agreement of Carestream, the CarXstream sites, or any service (including but not limited to billing disputes) shall be resolved by final and binding arbitration or in small claims court. In arbitration, there is no judge and no jury. Instead, claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is minimal.
Class action waiver:
You and CarXstream agree that all claims between us will be resolved in individual arbitration. We both agree that there will be no class, representative, or consolidated actions in arbitration. In addition, neither you nor CarXstream may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or CarXstream. To be clear, you and CarXstream waive any right to participate in any class action involving our disputes. This class action waiver is essential to our arbitration agreement and may not be severed. If this class action waiver is unenforceable for any reason, then the entire arbitration agreement will not apply. However, the jury trial waiver below the visitor agreement will remain in full force and effect.
Arbitrator authority:
This arbitration agreement governs the arbitrator’s authority. You and CarXstream agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by the Visitor Agreement (including the limitations of liability outlined in the below section, but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with CarXstream. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court is authorized under the applicable law.
Arbitration procedures:
You and CarXstream agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. JAMS shall conduct all arbitrations under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. CarXstream will pay all filing fees and costs associated with commencing an arbitration. Still, unless you prevail, you will be responsible for paying your own attorneys’ fees (if you choose to use an attorney in arbitration). The arbitrator finds you are entitled to recover your fees under the law. Except for claims determined to be frivolous, CarXstream agrees not to seek an award of attorney’s fees in arbitration, even if an award is otherwise available under applicable law. If you bring an arbitration against CarXstream, the arbitration hearing will be held in your hometown area unless we both agree on a different location.
Survival:
This arbitration agreement survives the termination of this Visitor Agreement between you and CarXstream.
Jury trial waiver:
You and CarXstream expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that, for any reason, the arbitration agreement contained in the above section is not enforced or is found inapplicable. Our claims against each other will be resolved by a judge rather than a jury.
Customer Care:
The company endeavors to provide the user with a pleasant experience. In the unlikely event that you face any issues, don't hesitate to contact us at support@carxstream.com.