Below is the Agreement for the Mr. Car Lister Web site. This is also where you will find posted updates to this Agreement in the future.

Welcome to the user agreement (the "Agreement" or "User Agreement") for Mr Car Lister. This Agreement describes the terms and conditions applicable to your use of our eBay Motors listing services. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Mr Car Lister.

We may amend this Agreement at any time by posting the amended terms on the Site Mrcarlister.com Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and Mr Car Lister. This Agreement is effective upon acceptance in registration for new registering users.

Membership Eligibility

Our services are available only to, and may only be used by individuals who legally can form binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under the age of 18 or to temporarily or indefinitely suspended Mr Car Lister members. If you do not qualify, please do not use our Site. Furthermore, Mr Car Lister's eBay account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

Fees, Refunds and Services

Fees: To find out our current fees, please visit our "fees" section on Mrcarlister.com Site. Our Fees Policy is available and is incorporated into this Agreement by reference. We may change our Fees Policy and the fees for our services from time to time. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes, if any.

Refunds and Customer Satisfaction

If you are not satisfied with our services, please notify us to cancel the auction by email, phone or use our Contact Us page. Mr Car Lister will issue a full refund upon your notification to cancel the auction for any reason prior to the start of your auction on eBay or in the first 24 hours of its start on eBay. Mr Car Lister will not issue a full refund if the auction has been live on eBay for more than 24 hours. Mr Car Lister will not issue full or partial refund for any other reason except "the 24 hours refund policy" listed above.

Services

Mr Car Lister is a listing service provider on eBay Motors. Please, also visit our "Our Services" page. Mr Car Lister is not an Auctioneer. Mr Car Lister assists auto sellers to list cars on eBay Motors providing advanced listing software technology and auction management services. We also offer MrCarLister's eBay User ID to list and sell your car on eBay and you agree that, Mr Car Lister will not provide you with the password of Mr Car Lister's eBay account. Our Site acts as a venue to allow anyone to list and sell cars on eBay Motors. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. We strongly encourage you to learn the user agreement on eBay Motors prior to listing your vehicle on eBay Motors.

Identity Verification

We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Mr Car Lister cannot and does not confirm each user's purported identity. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Release

Because we are a venue, in the event that you have a dispute with one or more users, you release Mr Car Lister (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Listing Your Car

Listing Description of Your Car. You must be legally able to sell the item(s) you list for sale on eBay using our listing service. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.

Binding Bids

If the reserve price has been met of your auction, you are under obligation to sell the car at the price it was sold on eBay. Please, visit eBay Motors User Agreement to learn more about bidding and selling on eBay Motors.

Fraud

Without limiting any other remedies, Mr Car Lister may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Manipulation

Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.

Your Information

Definition. "Your Information" is defined as any information you provide to us or other users in the registration and or listing process, in any public message area including email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Restricted Activities

Your Information (or any vehicles listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (g) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than Mr Car Lister (this does not prevent linking to or advertising an Mr Car Lister item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.

License

Solely to enable Mr Car Lister to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Mr Car Lister will only use Your Information in accordance with our Privacy Policy.

Access and Interference

Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Mr Car Lister by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Mr Car Lister and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Privacy Policy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services. Please, also visit our "Privacy Policy" page.

Site Ownership

You acknowledge and agree that this Web Site and the information contained in it are owned by Mr. Car Lister. You further acknowledge and agree that the Web Site contains confidential and proprietary data and information of Mr. Car Lister and its Content Providers, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to keep such data and information confidential. Mr. Car Lister, Mr. Car Lister.COM, and the Mr. Car Lister & DESIGN logo are service marks of Mr. Car Lister. You will not use or allow any third party to use any of Mr. Car Lister's marks, including but not limited to the foregoing, without Mr. Car Lister's prior express written consent. All marks not owned by Mr. Car Lister are the property of their respective owners.

Disclaimer of Warranties

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limitation of Liability

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 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.

Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Third-Party Web Sites, Links, and Information:

This Web Site may contain information, products, and services provided by third parties and links (including advertisements) to Web sites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Web Site. Mr. Car Lister does not control this information or these products, services, or Web sites, and Mr. Car Lister does not make any representations or warranties, express or implied, regarding this information or these products, services, or Web sites. Inclusion of any of the foregoing in this Web Site does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Mr. Car Lister with respect to any third party, any third party's Web site or its content, or any information, products, or services provided by a third party.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

No Agency

You and Mr Car Lister are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Mr Car Lister or to the email address you provide to Mr Car Lister during the registration process (in your case). Notice shall be deemed given 72 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Mr Car Lister during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

Governing Law and Jurisdiction:

This Agreement shall be governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Mr Car Lister in accordance with Section "Notices", in our sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections (Fees and Services) with respect to fees owed for our services, (Release), (License), (Access and Interference), (Liability Limit), (Indemnity) and (Resolution of Disputes) shall survive any termination or expiration of this Agreement.

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