Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING THIS SERVICE.
Use of Vast Listings Service
The information on vehicles provided in this service and on the CarStory Service is supplied by the seller or other third parties. Vast is never a party to any transaction between buyers and automobile sellers and does not (a) guarantee or ensure the availability of any vehicle or any transaction between a buyer and automobile seller, (b) collect or process payment or transfer title, or (c) warehouse, store, ship or deliver any vehicles. Vast collects information from various sources for the CarStory Service. Vast is not responsible for and does not verify or warrant the accuracy or completeness of the information provided by automobile sellers and the information may contain errors or omissions. You should contact automobile sellers for information regarding specific vehicles. NEITHER VAST, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE LISTED ON THE CARSTORY SERVICE. Vast may, but has no obligation to, correct any error or omission on the CarStory Service. All vehicles are subject to prior sales. You must address all concerns, discrepancies and/or potential issues with the automobile seller prior to the sale of the vehicle.
Ownership and Intellectual Property
Except as otherwise indicated, all copyright rights and other intellectual property rights in this Service and its contents, including any and all data, information, text, photos, images, graphics, code, marks, logos, audio and video, footage, animations, analyses, studies, Services, downloads, and other content contained herein ("Service Content") is owned by or licensed to Vast, and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. The Service Content is Copyright 2015, Vast, Inc., all rights reserved. Vast also owns copyright rights in the Service Content as a collective work and/or compilation and in any and all databases accessible on or through the Service. Vast, the Vast Logo, the CarStory Logo and all other marks displayed on this Service (the "Trademarks") are registered and/or common law trademarks of Vast and/or various third parties. Except as expressly stated herein, nothing contained on this Service may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Service Content or Trademarks without the prior written permission of Vast or such other party that may own the Trademarks or any licensed copyrights. You agree not to, directly or indirectly: attempt to register, challenge or contest the validity or Vast’ (or its licensor’s, as applicable) ownership of, such copyrights, Trademarks or any other Vast’ intellectual property, or assist any third party in doing so.
Grant of License; Use of the Service
Vast grants to you a personal, revocable, non-exclusive, non-transferable license to view, download, and print limited portions of the Service Content available in the public areas of the Service subject to the following conditions: (i) you may only do so on an occasional basis for your own personal and non-commercial use; (ii) you may not modify the Service Content; (iii) any displays or printouts of Service Content must be marked "© 2015, Vast, Inc., All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in/on the Service Content by Vast; and (v) you may not reproduce, modify, adapt, translate, edit, upload to, transmit, store, prepare derivative works from, sell or distribute or publicly display, perform or telecommunicate Service Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, public display, performance or telecommunication, reproduction, republication, modification, adaptation, translation, editing, storing, transmitting, creation of derivative works, posting, or redistribution of the Service Content or any portion thereof is strictly prohibited without the prior written permission of Vast. To request permission, you may contact Vast as follows:
· By electronic mail to: email@example.com
YOU MAY NOT MAKE USE OF ANY ROBOTS, SPIDERS, OR SIMILAR DATA MINING, DATA GATHERING OR EXTRACTION TOOLS OR MANUAL PROCESSES TO COLLECT, GATHER OR COPY ANY OF THE CONTENT. You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service not otherwise permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Vast or its affiliates without prior express written consent. You may not use meta tags or any other "hidden text" utilizing the Vast name or trademarks without the express written consent of Vast.
Systematic retrieval of the Service Content or other data from the Service to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Vast is strictly prohibited.
Illegal and/or unauthorized uses of the Service, including, without limitation, any activities or use of the Service that are fraudulent or otherwise objectionable or inappropriate, or violate (i) these Terms and Conditions, (ii) the rights of Vast, any affiliate or licensor, or any other third party, or (iii) any law or regulation, will be investigated. Vast may take any legal action, as it deems appropriate and necessary, including, without limitation, civil and criminal proceedings, and proceedings for restraining orders and injunctions. You agree that monetary damages may not provide a sufficient remedy and you consent to injunctive or other equitable relief for such violations without the requirement that Vast post a bond.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER VAST, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY SERVICE CONTENT, INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE VEHICLES ABOUT WHICH INFORMATION IS POSTED ON THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VAST IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL VAST, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICE OR THE SERVICE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND SERVICE CONTENT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL VAST'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE OR OBTAINING ANY SERVICES OR OTHER INFORMATION FROM THE SERVICE.
Vast also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Service or your downloading of any materials, data, text, images, video, or audio from the Service.
Digital Millennium Copyright Act Compliance
Vast complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on this Service, or if you believe that material posted on this Service infringes a copyright that you hold, you may contact our Designated Agent at the address provided below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Service are covered by a single notification, a representative list of such works at that Service;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vast to locate the material;
- Information reasonably sufficient to permit Vast to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of copyright infringement claims may be reached as follows: firstname.lastname@example.org
Vast.com, Inc. attention: General Counsel Office, 111 W. 6th Street Suite 200, Austin, TX 78701
Applicable Law and Jurisdiction
By accessing, and/or using the Service, you and Vast explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Service will be governed by the laws of the State of Texas, without regard to its conflicts of law principles. You agree that all claims you may have against Vast arising from or relating to the operation or use of this Service shall be brought in the state and federal courts of Travis County, Texas.
You agree that we may, at Vast’s sole discretion and without prior individual notice to you, terminate your use of and access to the Service.
This Agreement may not be assigned by you without the prior written consent of Vast. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. Vast may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion. These terms and Conditions shall inure to the benefit of and be binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives. If any provisions of this Agreement are held to be invalid or unenforceable by a court of competent jurisdiction, any such provision(s) shall be enforced to the maximum extent permissible so as to effect the intent of the parties and shall not affect the validity or enforceability of any other provisions herein, and the remainder of this Agreement shall continue in full force and effect. Any waiver of any provision herein, to be effective, must be in writing signed by an authorized officer of Vast, and shall not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision.
Entire Agreement/Reservation of Rights
Vast has the right at any time to change or modify the Terms and Conditions applicable to use of the Service, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Service, or by electronic or conventional mail, or by any other means. Any use of the Service by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions, or deletions.