Terms of Use
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS WEB SITE AND THE IVR ( here in known as INTEGRATED VOICE RESPONSE phone system), YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF, AND BE LEGALLY BOUND BY, THIS ONLINE USER AGREEMENT AND PRIVACY POLICY (THIS "AGREEMENT") BETWEEN YOU AND DONATE MY VEHICLES (here in referred to as the acronym DMV) . IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEB SITE OR IVR. PLEASE KNOW THAT DMV IS ALIGNED WITH QUALIFIED 'BUYERS' TO PURCHASE ITEMS FROM SELLERS AND BUYERS ARE REFERED TO AS 'US' OR 'WE' IN THE CONTEXT OF A PURCHASE. DMV IS INDEMNIFIED FOR UNAPPROVED BUYER ACTIONS.
1. GENERAL INFORMATION
1.1. Changes. The web site and IVR are provided by DonateMyVehicles here
in known as DMV. DMV reserves the right, at its discretion, to change the terms
of this Agreement and/or change, suspend, discontinue or modify any aspect of
the web site. Such modifications may include, without limitation, changes in
content, in user priorities, and discontinuance of functional aspects of the
web site or IVR.
1.2. Notices of Changes. We may amend this Agreement at any time without
specific notice to you. The latest Agreement will be posted on our web site,
and you should review this Agreement prior to using the web site and IVR. You
agree to review the terms and conditions of this Agreement periodically to be
aware of such revisions. Additionally, your continued use of the web site after
the posting of any change in the terms and conditions shall constitute your
acceptance to be bound by the express terms of any such changes.
1.3. Use of Information or Services. All visitors are notified and agree that
we do not assume any responsibility for problems and losses experienced by
using our web site's information or services. If you take action to buy, sell,
or invest after visiting our web site and it causes you to take an action that
results in a loss of money, property, profits, opportunity costs, or any other
loss on your part, you may not sue us to recover that money (loss). We only
provide a service to independent individual investors, sellers, and buyers that
are each totally responsible for the results of their own actions. 1.4.
Revocable License. You are hereby granted a non-exclusive, non-transferable, revocable
license (a) to access and use the web site strictly in accordance with this
Agreement; and (b) to use the web site solely for internal, personal,
non-commercial purposes. We do not represent, or warrant that the web site will
be error-free, free of viruses, or other harmful components, or that any
defects will be corrected. We do not represent, or warrant that the information
available on, or through the web site will be correct, accurate, timely,
useful, complete, or otherwise reliable.
2. LIMITATIONS ON USE AND USER SUBMISSIONS
2.1. Copyright and Trademark Notice. All content of the web site and
service or IVR provided by DMV, including, but not limited to, all text,
photos, graphics, audio, software, presentations in any format and/or video is
copyrighted by DMV. All rights reserved. No portion of the information or other
materials may be directly or indirectly copied, published, reproduced,
modified, performed, displayed, sold, transmitted, published, broadcast,
rewritten for broadcast or publication or redistributed in any medium, whether
now known or hereafter created. No portion of the information or other
materials may be stored in a computer or distributed over any network, except
that you may download or print one copy of pages strictly for personal and
non-commercial use. However, any print out of any page of the web site and IVR
or portion thereof, must include DMV's copyright notice. DMV, and its
associated logos, page headers, custom graphics, buttons, and other icons are
service marks, trademarks, registered service marks, registered trademarks, or
trade dress of DMV. All other content, product names, and company logos are
trademarks of their respective owners. Neither these materials, nor any portion
thereof, may be stored in a computer except as reasonably necessary for
personal and non-commercial use.
2.2. Restricted Use of the Site and IVR. You agree to use the web site for
lawful purposes only. You agree not to post or transmit any information through
the web site which: (a) infringes the rights of others or violates their
privacy or publicity rights, (b) is unlawful, threatening, abusive, defamatory,
libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (c)
is protected by patent, copyright, trademark or other proprietary right without
the express permission of the owner of such right. You shall be solely liable
for any damages resulting from any infringement of patent, copyright, trademark
or other proprietary rights, or any other harm resulting from your use of the
web site.
2.3. Your Submission of Messages. You hereby grant to DMV a worldwide,
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform, display and use for any purpose all messages or other
materials posted by you on the web site or any e-mail sent by you to DMV (in
whole or in part) and to incorporate any such messages or other materials or
e-mails in any form, into other media or technology whether now known or
hereafter developed.
2.4. Public Messages. All electronic forums made available to users of the web
site are the sole property of DMV and are not public forums. You understand and
acknowledge that all information, data, files, software, music, sound,
photographs, graphics, video, messages or other materials posted by any person
or entity other than DMV ("Third-Party Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which
such Third-Party Content originated. You assume total liability for all
Third-Party Content that you upload, post, email or otherwise transmit via the
web site. DMV assumes no liability for any such Third-Party Content. You agree
not to use the web site to:
A. upload, post, e-mail or otherwise transmit any Third-Party Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, or hateful, or is
racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity, including, but not limited to, an official
or representative of DMV, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
D. forge headers or otherwise manipulate identifiers to disguise the origin of
any content transmitted through the web site;
E. upload, post, e-mail or otherwise transmit any Third-Party Content that you
do not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
F. upload, post, e-mail or otherwise transmit any Third-Party Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
G. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
H. upload, post, e-mail or otherwise transmit 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 or network;
I. interfere with or disrupt the web site or servers or networks connected to
the web site, or disobey any requirements, procedures, policies or regulations
of networks connected to the web site;
J. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law.
K. "stalk" or otherwise harass another;
or
L. collect or store personal data about other users.
You acknowledge that DMV does not pre-screen Third-Party Content, but that DMV
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Third-Party Content that is available via the
web site. Without limiting the foregoing, DMV and its designees shall have the
right to remove any Third-Party Content that violates this Agreement or is
otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Third-Party Content, including any reliance on
the accuracy, completeness, or usefulness of such Third-Party Content. You
acknowledge and agree that DMV may preserve Third-Party Content and may also
disclose Third-Party Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce this Agreement; (c) respond to claims
that any Third-Party Content violates the rights of other third-parties; or (d)
protect the rights, property, or personal safety of DMV, its users, or the
public.
2.5. Linking. Without the prior written consent of DMV, you may not use any of DMV's
proprietary logos, marks, or other distinctive graphics, video, or audio
material in your links. You may not link to the web site or to any page thereof
or engage in the practice of "deep linking" in any manner reasonably likely to:
(a) imply affiliation with or endorsement or sponsorship of or by DMV; (b)
cause confusion, mistake, or deception; (c) dilute DMV's trademarks or service
marks; (d) otherwise violate state or federal law; or (e) constitute improper
disparagement or disclosure concerning DMV or any of its respective affiliates,
or their respective officers, directors, agents, franchises, or Vendors. You
may not frame or otherwise incorporate into another web site any of the
information or other materials on this web site without the prior written
consent of DMV.
3. ACCESS AND DELAYS IN SERVICES
DMV, its affiliates, subsidiaries, and Vendors shall have no responsibility to
provide you access to the web site. Further, DMV, its affiliates, subsidiaries,
and Vendors shall not be liable to you for any loss or liability resulting,
directly or indirectly, from delays, inaccuracies, errors, omissions or
interruptions of the web site for any reason, including, without limitation,
due to electronic or mechanical equipment failures, telephone interconnect
problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed
conflicts, acts of war, acts of terrorism, or to other like causes.
4. MONITORING OF SITE
You acknowledge that DMV reserves the right to, and may from time to time,
monitor for all lawful purposes any and all Third-Party Content transmitted or
received through the web site. During monitoring, information may be examined,
recorded, copied, and used for authorized purposes. All Third-Party Content,
including personal information, placed on or sent over the web site may be
monitored. Use of the web site, authorized or unauthorized, constitutes consent
to such monitoring and to the other terms of this Agreement.
5. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
5.1. General Disclaimer and Limited Warranty. You acknowledge that certain
aspects of the information on the web site and links provided through the web
site are compiled from sources which may be beyond the control of DMV. Though
such information and links are recognized by the parties to be generally
reliable, the parties acknowledge that inaccuracies may occur. DMV, its
licensees or affiliates do not warrant the accuracy or suitability of any such
information. Neither DMV nor its licensees or affiliates represent or endorse
the accuracy or reliability of the information distributed through the Service.
FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEB SITE IS PROVIDED TO YOU ON AN "AS
IS WITH ALL FAULTS" BASIS. DMV AND ITS LICENSEES AND AFFILIATES EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY
VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, DMV AND ITS LICENSEES
AND AFFILIATES NEITHER REPRESENT NOR WARRANT THAT THE WEB SITE WILL MEET YOUR
REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.
5.2. Errors and Omissions. You assume all risk of errors and omissions in the
web site, including the transmission or translation of data. You assume full
responsibility for implementing sufficient procedures and checks to satisfy
your requirements for the accuracy and suitability of the web site, including
the information, and for maintaining any means which you may require for the
reconstruction of lost data or subsequent manipulations or analyses of the
Information provided under this Agreement.
5.3. Viruses. YOU ACKNOWLEDGE AND AGREE THAT DMV USES REASONABLE EFFORTS TO
ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE
PASSED THROUGH, THE WEB SITE OR THE INFORMATION ON THE WEBSITE. HOWEVER, YOU
HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD DMV HARMLESS), BY WHATEVER
MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING
ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
5.4. LIMITATION OF LIABILITY. YOU AGREE THAT DMV AND ITS AFFILIATES,
SUBSIDIARIES, AND VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
THE WEB SITE FOR ANY PURPOSE WHATSOEVER. THE PROVISIONS CONTAINED IN THIS
SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
5.5. FTC NOTICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE.
6. INDEMNIFICATION
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND, INDEMNIFY, AND HOLD
HARMLESS DMV AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR
MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS,
AND CONTRACTORS OF WHATEVER TIER (COLLECTIVELY, THE INDEMNITEES) FROM AND
AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR
CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS' FEES AND EXPENSES
INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR ENTITY(IES)
ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS AND USE OF THE
WEB SITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEB SITE.
THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN THIS SECTION
SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, GROSS OR
CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES OF THIRD
PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY,
INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR SEVERALLY. YOU SHALL
COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.
7. PRIVACY
7.1. Privacy. Records of your use of the web site is the sole property of DMV
and is protected by and subject to the U.S. Electronic Communications Privacy
Act (18 U.S.C.S. ยง 2701 et seq.), as amended, or any successor statute. DMV
reserves the right to use such information for its marketing, licensing and
membership endeavors. Your personally identifying information will not be
shared with any third party, with the following exceptions:
A. Information that DMV in good faith determines is legally required to be
revealed by any relevant statute, regulation, ordinance, rule, administrative
or court order, decree, or subpoena;
B. Information revealed during the course of DMV's enforcement of the policies
and procedures of the web site, the terms of this Agreement, or during the
course of any disciplinary actions;
C. Information in a manner expressly permitted by the provisions of this
Section;
D. Information that DMV in good faith determines must be disclosed to correct
what it believes to be false or misleading information or to address activities
that DMV believes to be manipulative, deceptive or otherwise a violation of
law; or
E. Unless you are otherwise notified at the time we collect the data. Note
also, your electronic mail address may become public when you participate in
web site electronic forums. We may also conform to the standard practice of
using "cookies" which, when you sign on to our site, automatically copies a
small record file ("cookie") to your hard disk.
7.2. Privacy of Minors. Protecting the privacy of children is especially
important. DMV does not knowingly collect information about children and will
delete any such information that it discovers or of which it is made aware.
7.3. Nonpublic Personal Information. "Nonpublic Personal Information" is the
nonpublic information about you that is obtained from you in connection with
providing you a financial product or service such as a loan or mortgage. DMV
and its advertisers may collect nonpublic personal information from the online
forms you complete in order to obtain the financial product or service, from
information collected as a result of your transactions with DMV, our
advertisers or others, and from consumer reporting agencies. DMV will not
disclose any nonpublic personal information about our current or former
customers and consumers to anyone, except as permitted or required by law, or
as described below. We may disclose all of the information we collect about you
to our affiliates who offer related goods and services, and to nonaffiliated
third parties that perform services on our behalf, including marketing
services, or other financial institutions with whom we have joint marketing
agreements. If we collect nonpublic personal information from you to provide
third-party financial products and services requested by you, such third-party's
use of your personal information will be subject to their privacy policy as
disclosed to you by them. We have procedures in place that limit access to
nonpublic personal information to those employees and other individuals who
need to know such information to provide products and services to you. We will
maintain physical, electronic, and procedural safeguards to protect the
confidentiality of your nonpublic personal information as required by law.
7.4. Other Sites and Their Policies. Other sites that may be accessed through
our web site will have their own privacy policies and rules. You must ensure
that you agree to these terms when entering their web sites. We cannot be held
liable for any information, or exchange of data while on any other web site.
8. UNSOLICITED E-MAIL AND DIRECT MARKETING
8.1. Unsolicited E-mail. DMV supports responsible e-commerce. DMV does not
authorize anyone to use the web site to broadcast, distribute, transmit or
retransmit unsolicited commercial, non-commercial, bulk, or junk electronic
mail ("SPAM").
8.2. Electronic Direct Marketing Programs. DMV may develop and participate in
electronic direct marketing to users of the web site who elect to receive
electronic mail of specific interest to them. In keeping with this Agreement, DMV
does not forward the names and addresses (electronic or otherwise) to third
parties. Advertisers who participate in DMV's electronic direct marketing
programs identify the category of users who would most likely be interested in
their goods and services. DMV then forwards the advertisements to users who
have elected to receive that category of electronic mail. Users may elect to
not receive similar electronic mail by requesting that their e-mail address be
removed from the mailing list by selecting the appropriate option included with
each e-mail advertisement sent by DMV. In addition, users may elect to be
removed from such lists at any time by sending a message to the System
administrator at support@DonateMyVehicles.com .
8.3. Reporting SPAM. Users who receive SPAM or any threatening or offensive
e-mail as a result of use of the web site, may report it to DMV by forwarding
the unedited message with the full message header to support@DonateMyVehicles.com
8.4. Reservation of Rights. DMV reserves the right to take all legal or
technical steps that it deems necessary to prevent the broadcast, distribution,
transmission, or retransmission over the web site of SPAM, junk e-mail,
threatening or offensive e-mail, or e-mail otherwise determined by DMV, in its
sole discretion, to be objectionable. DMV reserves the right to suspend or
terminate any person or entity's use of or access to the web site if it
determines, in its sole and absolute discretion, that such person or entity has
used or intends to use the web site in violation of this policy. A failure of DMV
to exercise any right provided for herein shall not be deemed to be a waiver of
such right.
9. MISCELLANEOUS
9.1. Governing Law; Limitations; Venue. The laws of the State of Florida,
excluding any rule or principle that would refer to and apply the substantive
law of another state or jurisdiction, shall govern this Agreement. To the
extent allowed by applicable law, any claims or causes of action arising from
or relating to your access and use of the web site or IVR as contemplated by
this Agreement must be instituted within two (1) year from the date upon which
such claim or cause arose. Further, any such claim or cause of action shall be
brought EXCLUSIVELY in the state or federal courts located in Palm County,
Florida and you agree to submit to the exclusive personal jurisdiction of such
courts and hereby appoint the Secretary of State of Ohio as your agent for
service of process. You agree to waive any objection that the state or federal
courts of Palm County, Florida are an inconvenient forum.
9.2. Assignments. You may not assign any of your rights, obligations,
privileges, or performance hereunder without the prior written consent of DMV.
Any assignment other than as provided for in this Section shall be null and
void.
9.3. Severability. If any provision of this Agreement is found to be unlawful
or unenforceable in any respect, the court shall reform such provision so as to
render it enforceable (or, if it is not possible to reform such provision so as
to make it enforceable, then delete such provision); and, as so reformed or
modified, fully enforce this Agreement.
9.4. U.S. Government Restricted Rights; Export. The materials on the web site
are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the
Government is subject to restrictions as set forth in applicable laws and
regulations. Use of the materials by the Government constitutes acknowledgement
of DMV's proprietary rights in them. You may not use or export the information
or any other materials in this web site in violation of U.S. export laws and
regulations.
9.5. Termination. DMV may terminate or suspend your use of the web site for any
reason. Termination or cancellation of your use of the web site shall not
affect any right or relief to which DMV may be entitled, at law or in equity.
Upon termination or cancellation, all rights granted to you will terminate and
revert to DMV.
9.6. Notice. Official correspondence must be sent via postal mail to:
DonateMyVehicles
4381 North Dixie Hwy
Deerfield Beach, FL 33064
Attn: Legal Department
P: (866) 787-3292
9.7. Entire Agreement. This Agreement is complete and effective at the time you begin use of the web site. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and DMV. In the event that any inconsistencies exist between this Agreement and any future published terms or understanding, the last published Agreement or terms of use shall control.

