SpeediMango

SpeediMango Terms of Service.

ACCEPTANCE OF TERMS.
Speedimango, LLC. (“SpeedimangoTM”, “we”, “us”, or “our”) provides users with a free online automotive trade-in platform (“Services”), whereby users can obtain competitive offers on their vehicle from participating dealerships.  By clicking the “I Accept Terms of Service” button at the Submit Your Vehicle, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services.

Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be considered part of the Services and are subject to the Terms of Service.  This website is controlled and operated by SpeedimangoTM from its offices within the United States. SpeedimangoTM makes no representation that information or materials available on this website are appropriate or available for use outside the United States, and access to this website from jurisdictions where its contents are illegal is prohibited. By choosing to access this website from your location, you are doing so at your own initiative and you are responsible for compliance with applicable local laws.

USER CONDUCT
You are authorized by SpeedimangoTM to access and use the Services, including the information on this website, solely for your personal, non-commercial use (except of course any transactions you may ultimately have with participating vehicle dealers, as the Services contemplate; hereinafter, where this Agreement uses the terms “commercial” or “non-commercial”, it excludes, by definition, any transactions you may ultimately have with participating vehicle dealers as contemplated hereunder). The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without SpeedimangoTM’s express prior written consent in each instance. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose.

In order to access certain features of this website you may be required to register with us and obtain login credentials. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify SpeedimangoTM in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. SpeedimangoTM is not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by SpeedimangoTM), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by SpeedimangoTM for use in accessing the Services.

PRIVACY
Please see the SpeedimangoTM Privacy Policy, available at www.Speedimango/content/legal/privacy-policy/, which is incorporated herein by reference. Your use of the Services, including this website, constitutes your consent to the collection and use of information as set forth in the SpeedimangoTM Privacy Policy.  Please note that SpeedimangoTM does not publish your identity or contact information to any participating dealer until you have indicated a willingness to deal with such dealer by selecting its offer.

SERVICES
SpeedimangoTM offers a consumer to dealer marketplace whereby you may list your used vehicle so that dealerships that are members of SpeedimangoTM’s dealership network may submit offers on that vehicle. By listing your vehicle through the Services, you represent and warrant to participating dealers that you have proper title to such vehicle, are legally able to sell it, and that you  have not sold the vehicle to anyone else. You also warrant that the identifying and contact information you provide is accurate, and that the description of the vehicle is accurate to the best of your knowledge.

You may not charge any potential buyer for information about any vehicle listed for sale on the Service, nor may you use the Service to promote, without our prior written permission, any other website, product or service. By using the Service, you represent, warrant, and covenant that (i) you are not a motor vehicle dealer, (ii) you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and (iii) neither you, nor anyone acting on your behalf, will list more than three (3) vehicles at a time.  SpeedimangoTM receives a fee from the participating dealers or third-party service providers in connection with the Services. SpeedimangoTM does not charge Users for use of the Services.

The Service is provided for informational purposes only. You alone are responsible for any sale or purchase transaction you engage in. We cannot (i) protect you from potential fraud or other misconduct, and (ii) assure that a buyer will supply good funds. Buyers and sellers need to exercise caution when using the Service.

NO CONTRACT OF SALE IS FORMED UNLESS AND UNTIL THE USER AND THE DEALER AGREE TO FINALIZE THE TRANSACTION IN PERSON.  BOTH USERS AND DEALERS WILL AGREE THAT THE ONLINE OFFERS AND SELECTION PROCESS DOES NOT INVOLVE AN OFFER OR ACCEPTANCE OR CREATE A BINDING AND ENFORCEABLE OBLIGATION UNDER CONTRACT LAW.  SPEEDIMANGOTM MAKES NO GUARANTEE THAT ANY DEALER WILL ACTUALLY BUY YOUR VEHICLE OR PAY ANY PARTICULAR PRICE FOR IT.  ALL DEALINGS, COMMUNICATIONS, AND TRANSACTIONS BETWEEN USERS AND DEALERS ARE STRICTLY BETWEEN SUCH PARTIES, AND SPEEDIMANGOTM DISCLAIMS ANY LIABILITY THEREFOR.

By accessing the Service, you agree not to use information concerning other users of the Service, nor the vehicles they have listed or searched for on the Service or otherwise expressed an interest in through the Service (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than in connection with the potential purchase or sale of a listed vehicle.

SpeedimangoTM reserves the right to deny use of the Service to anyone who does not comply with these requirements or who otherwise uses the Service in a manner we consider inappropriate; indeed, as stated below, Speedimango reserves the right to deny use of the Services to anyone for any reason. Responsibility for the information contained in each listing lies with each seller, and you alone are responsible for material you post and for the content of all information and communications you transmit through the Service. We may perform random or selective quality assurance tests from time to time, but we do continue to disclaim any liability for information posted by any user or dealer. By using the Service, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in “bait and switch” or other unfair or deceptive practices (in our sole discretion), SpeedimangoTM reserves the right to deny that seller use of the Service.

SPEEDIMANGOTM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOU WILL ELECT TO SELL YOUR VEHICLE OR OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE.

NO COMMERCIAL USE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (other than contemplated transactions between you and participating dealers), any portion or use of, or access to, the Services.

RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES
SpeedimangoTM reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. SpeedimangoTM also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that SpeedimangoTM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).

INDEMNIFICATION
You will indemnify, defend and hold harmless SpeedimangoTM and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “SpeedimangoTM Entities”) from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with your breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Claim against a SpeedimangoTMEntity, subject to such SpeedimangoTM Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a Speedimango Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a SpeedimangoTM Entity without its prior express written consent.

DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NON-INFRINGEMENT. IN ADDITION, SPEEDIMANGOTM DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE, OR ANY INFORMATION POSTED BY ANY USER OR DEALER. SPEEDIMANGOTM MAKES NO WARRANTIES REGARDING THE SOLVENCY OF ANY PARTICIPATING DEALER, OR ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY DEALER USING THE SERVICE.  ALL DEALINGS AND COMMUNICATIONS BETWEEN SITE USERS AND PARTICIPATING DEALERS ARE STRICTLY BETWEEN SUCH PERSONS OR ENTITIES, AND SPEEDIMANGOTM DISCLAIMS ALL LIABILITY RELATING THERETO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPEEDIMANGOTM OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY; WAIVER
IN NO EVENT SHALL THE SPEEDIMANGOTM ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE SPEEDIMANGOTM ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE
SpeedimangoTM may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that SpeedimangoTM will have no liability associated with or arising from your failure to maintain and supply SpeedimangoTM with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.

TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY
You agree that all of SpeedimangoTM’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of SpeedimangoTM, and that you will not display or use any of the foregoing without SpeedimangoTM‘s prior written approval in each instance.

Likewise, you agree that participating dealers’ trademarks, trade names, service marks, logos, brand features, and product and service names are trademarks and the property of such entities, and that you will not display or use any of the foregoing without the rightsholder’s prior written approval in each instance.

You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of SpeedimangoTM. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.

COPYRIGHT OR INTELLECTUAL PROPERTY COMPLAINTS
SpeedimangoTM respects the intellectual property of others.  By uploading or posting any information on or through the SpeedimangoTM website, you grant SpeedimangoTM a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, right to exercise any and all copyright, trademark, publicity, or database right you may have in such content, in any media known now or in the future.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
a description of where the material that you claim is infringing is located on our website;
your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
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.

Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:

Copyright Agent
Speedimango, LLC.
Attn: Legal Department

legal@Speedimango

CHOICE OF LAW; VENUE; CLASS ACTION WAIVER.
The Terms of Service and the relationship between you and SpeedimangoTM are governed by the laws of the State of Pennsylvania without regard to its conflict/choice of law provisions, and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and SpeedimangoTM, shall be brought exclusively in the state or federal courts located in Montgomery County, Pennsylavanie. You and SpeedimangoTM waive any and all objections to the exercise of jurisdiction over the parties by such courts and venue in such courts.

DISPUTE RESOLUTION.
The parties agree to resolve any claim or controversy at law or equity that arises out of this Agreement or the SpeedimangoTM Services (a “Claim”) in accordance with this paragraph 19), or as the parties otherwise agree in writing.

This Agreement shall be governed in all respects by the laws of the State of Pennsylvania as they apply to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents, without regard to conflict of law provisions. All Claims must be resolved exclusively by a state or federal court located in Hamilton or Marion County, Pennsylvania, except as otherwise agreed by the parties or as described in the subparagraphs below. The parties agree to submit to the personal jurisdiction of the courts located within Hamilton or Marion County, Pennsylvania, for the purpose of litigating all such claims or disputes.

Except with respect to a request for injunctive relief, the parties agree that in the event of a Claim, and within 60 days of a Claim arising, prior to the filing of any lawsuit, the parties will participate in at least two (2) hours of non-binding mediation before a mediator approved by the Pennsylvania Supreme Court Commission for Continuing Legal Education.  Such mediation is a jurisdictional prerequisite to filing a lawsuit.  If the parties are unable to agree on a mediator, each party shall select a qualified individual or firm, and those selected shall choose the mediator.  At any mediation session conducted pursuant to this Section, each party will be represented by an individual authorized to make binding commitments on behalf of the party and may be represented by counsel.  All fees and expenses incurred as a result of the mediation process, including without limitation the selection of a mediator, shall be shared equally by the parties, and each party shall be responsible for its own attorneys’ fees in connection with such mediation.  Any mediation session conducted pursuant to this paragraph shall be regarded as a settlement negotiation and governed by Rule 408 of the Pennsylvania Rules of Evidence.

Arbitration Option – For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

ANY CLAIM AGAINST ANY OF THE SPEEDIMANGOTM ENTITIES SHALL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. AS SUCH, YOU AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION SUIT AGAINST ANY OF THE SPEEDIMANGOTM ENTITIES.

You may not be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. 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 the Services, including this website, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

GENERAL INFORMATION
These Terms of Service may be amended from time to time without notice in SpeedimangoTM’s sole discretion. We will use commercially reasonable efforts to notify you of such changes at least 10 days before they become effective. Your use of this website and any Services after the effective date of the change and following such notice shall constitute acceptance of such amended Terms. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and SpeedimangoTM and govern your use of the Services, including this website, and supersede any prior version of these Terms of Service between you and SpeedimangoTM with respect to the Services. The failure of SpeedimangoTM 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.

You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require.

Please report any violations of the Terms of Service to legal@Speedimango.

Questions regarding these Terms of Service should be sent to legal@Speedimango.

These Terms of Service were last updated on 27 February, 2014.

Speedimango, LLC.

©2016 SpeediMango