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PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
EV UNIVERSE, INC.
DEALER SALES AGREEMENT
Effective Date: May 24, 2022
1. General Rules
- EV Universe and its affiliates reserve the right to deny use of their respective products and services, which includes the Website, to anyone who does not comply with this Dealer Sales Agreement or who otherwise use such online and/or offline products or services, including the Website, in a manner we consider inappropriate.
- Used car listings on the Website include vehicles that have been “certified” as meeting certain standards established by manufacturers and/or dealers in connection with their pre-owned vehicle programs. Only vehicles certified by the automobile manufacturers and/or dealers may be labeled as “certified” on the Website.
- The terms and conditions in this Agreement apply to Dealer Seller Ads and to other vehicle listings on the Website placed (or authorized) by a dealer (in each case, a “Dealer Listing”). For clarity, these terms do not apply to listings that were placed on the Website by EV Universe based on input from third party sources, except to the extent that the dealer provides affirmative consent to such listing.
2. Using the Vehicle Listing Service
- For every Dealer Listing or Dealer Seller Ad, you must be prepared to sell that vehicle at the price at which, and the terms on which, you’ve listed it. You must have possession of the actual vehicle listed, the ability to transfer title, and be legally authorized to sell the vehicle.
- To list a vehicle for sale through the Service, you are required to provide certain identifying and contact information. The information in your Dealer Listing or Dealer Seller Ad must accurately identify you, and the method of contact must permit buyers to communicate directly with you.
- You may not charge any potential buyer for information about any vehicle listed for sale on EV Universe, nor may you use the Website to promote, without our prior written permission, any other website, product or service; however, you may provide your dealer name, email address, phone number, and hyperlink to your dealer webpage listing of that specific vehicle in a Dealer Listing or Dealer Seller Ad on the Website. Any rights and obligations you maintain under this Dealer Sales Agreement to access and use the Service are specific to you. Consequently, if you purchase a Dealer Seller Ad, you may not assign or delegate any such rights or obligations to any third party, which includes agents, brokers or other dealers.
- Dealer Listings and Dealer Seller Ads may not be used to advertise more than one (1) vehicle per Dealer Seller Ad purchased, regardless of the type of advertising package you select or the duration of its publication. For this reason, you may not edit your vehicle’s Year, Make, Model and VIN once you confirm a Dealer Listing or purchase your Dealer Seller Ad. Always double-check this information before confirming your Dealer Listing or submitting your Dealer Seller Ad. If you believe you made an error while submitting your vehicle’s Year, Make, Model or VIN, you must promptly contact EV Universe customer support at (866) 502-2285 between 9am-5pm EST or [email protected].
- Responsibility for the information contained in your Dealer Listing or Dealer Seller Ad lies with you, the dealer. You alone are responsible for material you post online, and for the content of all messages transmitted through the Service.
3. Quality Assurance
- Though we can’t monitor every listing that originates on or takes place through the Service, we may perform random quality assurance tests to confirm that sellers who offer vehicles for sale through the Service are prepared to sell the vehicles they advertise at the prices at which, and the terms on which, they advertise them. EV Universe does not guarantee the fitness or accuracy of any of the data associated with a listing.
- Photos submitted as part of any Dealer Listing or Dealer Seller Ad placed through the Service must correspond to the actual vehicle being offered for sale. EV Universe is hereby granted a perpetual, worldwide, non-exclusive, royalty-free license to any data, intellectual property and photos submitted as part of any Dealer Seller Ad (“Dealer Submissions”) to reproduce, distribute, publicly display, create derivative works and otherwise use for any lawful purpose. Without limiting the foregoing, EV Universe may authorize third parties to use aggregate, de-identified data created using Dealer Submissions. As part of our random quality assurance tests, if we encounter a photo that we believe does not accurately represent the actual vehicle you are offering for sale through the Service or does not meet our quality standards, as determined by EV Universe in its sole discretion, we maintain the right to immediately remove such photo(s) and/or your corresponding Dealer Seller Ad. If you believe your photo(s) and/or your corresponding Dealer Seller Ad was removed in error, you may contact one of our customer service representatives by calling (866) 502-2285 between 9am-5pm EST or [email protected].
- By using the Service, you agree to cooperate with these random quality assurance tests. If our tests reveal, or we otherwise learn, that you are engaging in “bait and switch” or other unfair or deceptive practices, EV Universe and/or its affiliates reserve the right to deny you use of the Service without refunding any payment for such Services.
- In connection with our efforts to combat fraud, some Dealer Seller Ads may be screened before being posted publicly. This process may delay display of your Dealer Seller Ad for up to 48 hours from the time you submit your Dealer Seller Ad. If your Dealer Seller Ad does not appear on EV Universe Sites after 48 hours, you should contact one of our customer service representatives by calling (866) 502-2285 between 9am-5pm EST or [email protected]evuniverse.com. As part of our effort to combat fraud, we may also screen any messages sent to sellers through the inquiry form in the Service.
- Although EV Universe cannot monitor all the Dealer Seller Ads processed through the Service, we reserve the right (but assume no obligation) to delete, move, or edit, without refund, any ads, postings or other electronic communications that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
- Except as otherwise provided under this Dealer Sales Agreement, EV Universe and our affiliates will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to EV Universe or any of our affiliates. However, EV Universe and our affiliates may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce this Dealer Sales Agreement or to protect the rights, property or safety of visitors to the Website, our advertisers, our affiliates, the public or EV Universe.
4. Fees, Payments, and Refunds; Premiums, Promotions and Free Services
- By placing a Dealer Seller Ad through the Service, you agree to pay all fees and charges incurred at the rates listed in the Ad Packages Overview (which is subject to change without notice) for the advertising package(s) you obtain, regardless of whether your vehicle sells as a result of the ad package(s) you purchase. All fees and charges will be applied against the form of payment you provide as part of the ad selection process and you agree to pay such fees and charges. You also agree to pay any applicable taxes relating to your use of the Service. At its sole discretion, EV Universe reserves the right at any time to offer the Service at a discount or to provide premiums and promotions as incentives, up to and including free listing services.
- Subject to this Agreement and the Ad Packages Overview, you may purchase your Dealer Seller Ad through the Service as presented to you during your ad selection, checkout, and payment process.
- You must use care when selecting your ad package and inputting information for your Dealer Seller Ad. Dealer Seller Ad fees are not refundable except as set forth in Section 4E below, even if you provide erroneous information or fail to sell your vehicle. EV Universe will reasonably assist you to correct certain mistakes made by you in placing your Dealer Seller Ad (for example, Year, Make, Model, or VIN). To make such corrections to your Dealer Seller Ad, please contact EV Universe at (866) 502-2285 between 9am-5pm EST or [email protected].
- Except as provided for in Section 4E, EV Universe and its affiliates will not provide any refund for any reason if EV Universe or one of its affiliates receives the request for refund after your Dealer Seller Ad is published on the Website.
- EV Universe will provide you a refund or credit only for the following reasons: 1) You may be entitled to a refund or credit if your Dealer Seller Ad has not been posted within the first 72 hours from the time you submit your Dealer Seller Ad. In that case, you must immediately contact EV Universe customer service at (866) 502-2285 between 9am-5pm EST or [email protected] to request a refund or credit. You may not request, and we will not issue, a cancellation and refund or credit due to non-publication of your Dealer Seller Ad within the first 24 hours, starting from the time we accept your order for a Dealer Seller Ad, which includes the time you take to post your vehicle’s photo within the Service. You agree that EV Universe will have at least 24 hours to fully process your entire Dealer Seller Ad through the Service, which includes clearing your Dealer Seller Ad through the Service’s anti-fraud filters. 2) You may be entitled to a refund or credit if you mistakenly order and pay for duplicate Dealer Seller Ads through the Service and seek to cancel and obtain a refund or credit on the duplicate Dealer Seller Ad only. You are not entitled and we cannot provide you a refund or credit on the original Dealer Seller Ad.
- EV Universe and its affiliates will not provide a refund or credit for any Dealer Seller Ad for any reason other than as described in Subsection 4E above, even if you contact us within 72 hours from the time we accept your order for a Dealer Seller Ad. For example, we cannot provide you a refund or credit if you change your mind about publishing your Dealer Seller Ad or its content. You are not entitled to a refund or credit if you wish to change to a less expensive ad package. We cannot provide you a refund or credit if you made mistakes while submitting your Dealer Seller Ad information or if you fail to receive any inquiries or offers to purchase your vehicle through the use of the Service. No refund or credit will be issued if you sold your vehicle through other means, except as provided for in Section 4E.
- Except as provided under Subsection 4E, while EV Universe and its affiliates will not provide you a refund or credit in cases where we have made mistakes in the connection with the publication of your Dealer Seller Ad(s). EV Universe will use reasonable efforts to correct any mistakes we might have made in placing your Dealer Seller Ad (i.e.: ads we reasonably determine are duplicative, or contain erroneous information); provided, that you contact EV Universe customer support within the first 72 hours from the time we accept your order for a Dealer Seller Ad.
- You represent that you have the requisite right and authority to enter into this Agreement on behalf of the dealership, including all necessary right and authority in the text, photographs and other imagery that may be included in Dealer Seller Ads. You as the dealer represent, warrant and covenant to all of the following terms in this Section 5 below.
- The dealer is using its best efforts to include only accurate and truth information regarding the vehicles it lists on the Website and will remove such vehicle listings from the Website immediately when a vehicle is sold, regardless of whether it sold through the Services.
- The dealer acts in its commercial capacity with respect to this Agreement and that it is not a consumer or private seller.
- The dealer shall not disclose, sell, lease, transfer or otherwise provide any Lead information to any third party, or use any Lead information to transmit or otherwise provide spam, junk mail or direct marketing in connection with goods or services offered by a third party.
- The dealer has and will maintain at all times during which its Dealer Ads are posted to the EV Universe Sites all registrations, licenses and permits required under applicable laws to act as a dealer and/or buy, sell, or lease vehicles.
- The dealer will provide at least the same level of data protection as is required by applicable law and regulation and as is standard in dealer’s industry with respect to any Lead obtained from EV Universe.
- The dealer will process such consumer data obtained from EV Universe only and solely for the purpose of selling and marketing dealer products to such consumer. The dealer acknowledges and agrees that dealer may need a separate, informed, and explicit consent of a User and/or additional legal safeguards to protect a consumer’s data under certain circumstances, including if dealer sends a consumer the information on a product other than the product associated with the relevant consumer or other advertisement materials and/or processes, stores or accesses such User’s personal data outside of the consumer’s domestic jurisdiction. In no event will EV Universe be responsible for any action or omission by dealer and/or dealer’s employees, subcontractors, representatives, agents or the like in dealer’s processing, storage, transmission, or use of consumer data or Leads.
6. Disclaimer of Warranties, Limitation of Liability, and Indemnification
- IF YOU RELY ON THE WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THE WEBSITE AND/OR THROUGH AFFILIATED PRODUCTS OR SERVICES. THE WEBSITE AND ANY AFFILIATED PRODUCTS AND SERVICES ARE PROVIDED TO YOU “AS IS.” EV UNIVERSE AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE OR ANY AFFILIATED PRODUCT OR SERVICE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE WEBSITE), NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE AND/OR ANY AFFILIATED PRODUCT OR SERVICE WILL BE ERROR FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- UNDER NO CIRCUMSTANCES WILL EV UNIVERSE OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY AFFILIATED PRODUCT OR SERVICE ASSOCIATED WITH OR OTHERWISE LINKED TO OR FROM THE WEBSITE, OR ADVERTISED OR PROMOTED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF EV UNIVERSE AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THE WEBSITE, THE SERVICE, AND/OR ANY AFFILIATED PRODUCTS OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OR THE USE OF THE SERVICE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
- YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EV UNIVERSE, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY DEALER LISTING OR DEALER SELLER AD YOU PLACE OR ATTEMPT TO PLACE THROUGH THE SERVICE.
- This Dealer Sales Agreement is made in and will be construed in accordance with the laws of the State of Delaware, without regard to its choice of laws rules. By using the Service, you consent to the exclusive jurisdiction and venue of the state and federal courts in Wake County, North Carolina, for all disputes arising out of or relating to this Dealer Sales Agreement or the use of the Service.