AMBULANCESALES.COM TERMS OF SERVICE

Effective August 1, 2019

 

Thank you for visiting AmbulanceSales.com (the “Site”), which is owned and operated by Ambulance Sales, LLC (“we,” “us” or “our”). These Terms of Service (the “Terms”) apply to your use of the Site. Where used in these Terms, “you,” “your” and similar words mean the visitor to and/or user of the Site.

By using the Site, you represent to us that you have read, understand and accept these Terms and that you are over the age of 13 and are at least the age of majority in your jurisdiction (which, in most jurisdictions, is 18).

Notwithstanding your agreement to these Terms, your access to the Site is at our sole and absolute discretion. We may temporarily or permanently terminate, suspend, or refuse to permit you to access any portion of the Site and to any of the services provided on the Site for any reason, at our sole and absolute discretion with or without notice and without liability to us. These Terms will continue in effect and are binding upon you even if the Site is not accessible or if your access to the Site is terminated or suspended.

The Site uses technologies that monitor and track use of the Site and collect certain personal and non-personal information about you. By using the Site, your personal and non-personal information will be collected, retained and used in accordance with our Privacy Statement. More information regarding our use of personal and non-personal information can be found in our Privacy Statement, which is incorporated into and made a substantive part of these Terms.

BY USING THE SITE, YOU AGREE TO THESE TERMS IN FULL AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE AND YOU MUST LEAVE THE SITE IMMEDIATELY.

 

1. OUR SERVICES AND OBLIGATIONS

We provide the opportunity for sellers of ambulances to post information about their vehicle on the Site and to be contacted by other users who may be interested in purchasing the vehicle. If you use the Site to advertise a vehicle for sale, potential purchasers who use our Site may directly contact you using the contact information that you provide as part of your Vehicle Information (as defined below). We have no control over whether a potential purchaser will or will not contact you, and we have no control over the content or results of any communications between users of the Site. Because our users contact each other directly, we do not possess or maintain any information concerning communications between our users (including but not limited to the content of such communications).

We are paid a flat fee (as described in more detail on the Site) by users who elect to use the Site to advertise a vehicle for sale. We do not receive any commissions or other compensation if a transaction occurs between our users. We cannot provide any promise or guarantee that a vehicle advertised on the Site will be sold, and we make no representations or promises about the result or outcome associated with advertising a vehicle for sale on the Site.

We do not arrange or facilitate vehicle sales or any other transactions between our users. We are not a party to any sales transactions that may occur between our users, and we have no participation or control in determining the terms of any such transactions. As described in these Terms, we are not liable or responsible for any losses, damages or injuries that may result or arise from any transaction between our users.

We are not a vehicle dealer, salesperson, broker or agent, and we owe no duties or obligations to you other than those expressly described in these Terms. We do not represent or act on behalf of any user of our Site, and we are not a representative or agent of any of our users. Vehicle Information (as defined below), including vehicle descriptions and photos, is provided by our users, and we do not verify, approve or endorse of such information. We do not inspect or approve the vehicles advertised on the Site, and we do not provide any warranties, representations, promises or opinions regarding the quality, safety, condition or ownership of any vehicle appearing on the Site.

 

2. PERMITTED AND PROHIBITED USES

You may use the Site and the content of the Site only as expressly permitted by these Terms. Among other things, all of the following actions and conduct are expressly prohibited:

  • You may not attempt to gain unauthorized access to any portion or feature of the Site, any systems or networks related to the Site or to any server related to the Site.
  • You may not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent automated or manual process, to access, acquire, copy or monitor any portion of the Site.
  • You many not reproduce or circumvent the navigational structure or presentation of Site.
  • You may not probe, scan or test the vulnerability of the Site or of any network connected to the Site.
  • You may not breach (or attempt to breach) the security or authentication measures on the Site or any network connected to the Site, including by hacking, password mining or through other illegitimate means.
  • You may not reverse lookup, trace or attempt to trace any information belonging to or concerning any other user of or visitor to the Site or exploit the Site or any service or information made available or offered by or through the Site, so as to obtain or reveal information belonging to or concerning any other user of or visitor to the Site.
  • You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or on our systems, servers or networks, or any systems, servers or networks connected to the Site.
  • You may not use any device, software or routine to interfere or attempt to interfere with the proper operation and function of the Site, with any transaction conducted on the Site or with any other person’s use of the Site.
  • You may not forge headers or otherwise manipulate identifiers so as to disguise the origin of any message or communication that you send to us on or through the Site.
  • You may not use the Site to claim to be another person, misrepresent your identity or impersonate any other person.
  • You may not use the Site for any purpose that is illegal pursuant to the laws, regulations or ordinances of any applicable jurisdiction.
  • You may not use the Site to engage in any conduct violates or infringes upon the rights of others, including but not limited our intellectual property rights.
  • You may not possess, use, reproduce, distribute, publish, display, broadcast, perform, adapt, translate or make derivatives of the Site content.
  • You may not remove or modify any copyright notice or attribution of authorship that appears on the Site.
  • Except for your Vehicle Information (as described below), you may not claim to own or posses any right, title or interest in the Site content or any copy, reproduction or derivative thereof.
  • You may not use the Site to advertise goods or services (other than vehicles available for sale consistent with these Terms) or to redirect or divert our users to our actual or potential competitors.

 

We may take legal action against you if you use the Site or the content of this Site for any purpose that is not expressly permitted (including but not limited to the prohibited actions and conduct listed above), and you will be liable to us for all of the damages, losses and expenses (including our attorneys’ fees and legal costs) resulting in whole or in part from your violation of these Terms.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AMBULANCE SALES, LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU AND/OR FROM ANY ACTION, ERROR OR OMISSION BY YOU RELATED TO THE SITE OR ITS CONTENT (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT, MISAPPROPRIATION OF INTELLECTUAL PROPERTY AND/OR PROPRIETARY RIGHTS AND NEGLIGENT OR WRONGFUL CONDUCT).

 

3. ACCURACY OF INFORMATION

We are not responsible for any Site content that is not accurate, complete or current, and we do not warrant or guarantee the accuracy, timeliness, performance, completeness or suitability of the Site content. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly disclaim liability for any such inaccuracies or errors to the fullest extent permitted by law. We undertake no obligation to correct, verify, amend or update the content of the Site except as may be required by law.

Except as may be expressly indicated, no statement, claim or representation on the Site has been approved, accepted or evaluated by any third party or by agency, association or regulatory body. The Site content (including Vehicle Information, as defined below) may include opinions and subjective representations submitted by our users and may not be accurate or complete.

Before acting in response to or in reliance on the content of the Site (including by entering into a transaction with another user), you should independently verify all information that is material to your response or to the transaction and any facts that are important to your decision. If you rely on any content of the Site, you do so at your own risk and we are not responsible or liable for any damage, loss or injury that may result from your reliance on such content.

 

4. USER ACCOUNTS

Portions of the Site are accessible only by creating and logging into a user account. You agree to provide true and accurate information in connection with your account registration (including but not limited to your legal name, your address and your contact information), and you are responsible for updating your account if that information changes. You may not use your user account to engage in conduct prohibited by these Terms, and you may not authorize, direct or permit any other person to use your account to engage in prohibited conduct.

You are responsible for all activity associated with your account. If you believe that your account has been accessed without your authorization or if there is any suspicious activity associated with your account, you must notify us immediately. We reserve the right to suspend, disable and/or delete your user account at any time and for any reason (including if we believe, at our sole and exclusive discretion, that you have violated these Terms).

 

5. VEHICLE INFORMATION

The Site allows you, using your user account, to submit content to us that you request we post on the Site, including but not limited to information and photos related to a vehicle that you wish to advertise for sale (collectively, the “Vehicle Information”). Vehicle Information includes, but is not limited to, your description of the vehicle’s quality, condition, VIN, make, model, features, equipment, mileage, history, location, title status and ownership. You agree that all Vehicle Information submitted to us is true, accurate and complete in all respects. If you discover that Vehicle Information previously submitted by you is not true, accurate and complete, then you must immediately contact us to request that the Vehicle Information be corrected or updated. You are solely and exclusively responsible and liable for the accuracy of the Vehicle Information, and we will not be liable to you or to any other person for any losses, damages or injuries arising in any way from inaccurate or incomplete Vehicle Information.

By submitting Vehicle Information to us, you grant to us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive right and license to use, publish, publicly display, distribute, reproduce, make available, modify, adapt, aggregate, translate and create derivatives of the Vehicle Information (in whole or in part and alone or incorporated into other works) in any format, medium or technology now known or hereafter developed. You also warrant and represent that you own or otherwise control all of the rights to the Vehicle Information that you submit to us, and you warrant and represent that your submission of the Vehicle Information and our exercise of our right and license to the Vehicle Information will not violate the rights of any third party (including but not limited to intellectual property rights).

We reserve the right to review and approve of all Vehicle Information after it is submitted to us and before we post the Vehicle Information to the Site. We may decline to post the Vehicle Information and/or remove Vehicle Information already posted, in whole or in part, at any time for any reason at our sole and exclusive discretion. We will not post, and we may remove any at any time, links to or instructions to users to visit the website of our actual or potential competitors (including any vehicle dealer or ambulance dealer). We will not post Vehicle Information that we reasonably believe, in our sole and exclusive discretion, violates these Terms, infringes on the rights of a third party, is not true and accurate in all respects or does not comply with any law or regulation. Notwithstanding the foregoing, we have no duty or obligation to review, confirm or verify the Vehicle Information. Our review, acceptance and/or posting of your Vehicle Information is not an indication that such Vehicle Information has been verified, approved or endorsed by us. In the event that we decline to post the Vehicle Information in whole or in part, we may, at our option, provide you with an opportunity to correct or modify the Vehicle Information and re-submit it to us, or we may provide you with a partial or full refund of any fees already paid by you.

We may contact you to offer to purchase your vehicle before or after posting your Vehicle Information on the Site. We have no obligation to offer to purchase any vehicle, and you have no obligation to accept our offer if one is made. Any offer by us, as well as the terms of any transaction with us, must be in writing.

 

6. THIRD PARTY PRODUCTS AND SERVICES

We use third party vendors and service providers (including but not limited to Stripe, Inc.) to process payments and to provide other features of the Site. We are not liable or responsible for the products and services of those third parties and/or for any person or entity not under our direct control and supervision. We have no control over the services rendered by third party vendors and service providers, and we make no promises, representations or warranties whatsoever about the products or services provided to us or to you by third parties. We are not responsible for or liable for any actions, errors or omissions of our third party vendors and service providers (including but not limited to Stripe, Inc.).

The Site may include links to websites owned and operated by third parties. The fact that a link appears on the Site does not signify that we own, operate, control, approve or endorse the linked website, and we are not responsible for your use of any linked website or any purchases, outcomes or results associated with your use of a linked website.

 

7. INTELLECTUAL PROPERTY

The Site contains certain intellectual property owned by us or licensed to us, including but not limited to all trademarks, service marks and logos, all photographs, illustrations and other images and all content the design, layout, look and appearance of the Site (all of which is referred to herein as “IP”). We are the owner or licensee of all IP, and your use of the Site does not convey any rights in the IP to you. You are permitted to use and reproduce the IP only as expressly set forth herein. Our IP may not otherwise be copied, imitated or used, in whole or in part, without our prior written permission. Unauthorized use of our IP may result in civil and criminal penalties.

We reserve the right to (i) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (ii) discontinue access to and use of the Site to individuals or entities believed by us, in our sole and exclusive discretion, to be engaged in copyright infringement. Notwithstanding the foregoing, we have no duty or obligation (other than those imposed by applicable law or regulation) to locate, identify and/or remove infringing materials.

If you believe that material or content on or accessible through the Site infringes upon your intellectual property rights, you must send a notice of copyright infringement to our designated DMCA agent by email to [email protected]. Your notice must contain (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (ii) an identification of works or materials being infringed; (iii) an identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; (iv) contact information about the person providing the notice, including address, telephone number and, if available, email address; (v) a statement that the person providing the notice has a good faith belief that the presence on the Site of the material identified as infringing is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury that the information provided is accurate and the person providing the notice is authorized to make the complaint on behalf of the copyright owner.

 

8. DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE SITE AND THE CONTENT OF THE SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, UPTIME, RELIABILITY OR ACCURACY. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, ARE MADE THAT THIS SITE AND CONTENT WILL BE VIRUS-FREE, MALWARE-FREE OR FREE OF OTHER DISABLING CODE. WE DO NOT PROMISE THAT THE SITE OR THE CONTENT OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE ANY SPECIFIC OUTCOME OR PARTICULAR RESULT.

AMBULANCE SALES, LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES AMD AGENTS WILL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST AMBULANCE SALES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. AMBULANCE SALES, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL HAVE NO LIABILITY FOR ANY AND ALL DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM YOUR USE OF THE SITE, EVEN IF SUCH WE/THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE. AMBULANCE SALES, LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST AMBULANCE SALES, LLC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT OF THE SITE IS TO STOP USING THE SITE. THIS LIMITATION OF YOUR RIGHTS AND REMEDIES IS AN INTEGRAL PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimers apply to all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Without limiting the foregoing, we are not liable or responsible for any losses, damages or injuries arising from your use of or reliance on Vehicle Information submitted by our users. You may not recover from us for any losses, damages or injuries related in any way to the Vehicle Information (including but not limited to claims related to your reliance on the Vehicle Information or related to inaccurate or incomplete Vehicle Information). We have no duty or obligation to review, confirm or verify the Vehicle Information, and our acceptance and/or posting of Vehicle Information is not an indication that such Vehicle Information has been verified, approved or endorsed by us. We make no warranties, representations or promises whatsoever about the accuracy or completeness of the Vehicle Information or about the quality, safety, condition or ownership of any vehicle appearing on the Site. We do not guarantee or insure any vehicle appearing on the Site.

If you are a California resident, you hereby waive the requirements of California Civil Code Section 1542, which states: “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.”

We intend, and you acknowledge and agree, that the above disclaimers are to be broadly construed to limit our liability to the fullest extent permitted by applicable law. Nevertheless, in the event that one or more of the above disclaimers is found to be unenforceable, then the remaining disclaimers will continue in force and effect and will be construed as broadly as possible to effectuate the intent of the parties, which is to limit our liability to the fullest extent permitted by applicable law.

 

9. TERM, TERMINATION AND SURVIVAL

These Terms are effective and binding immediately upon your access or use of the Site and will continue in effect until we expressly terminate or amend these Terms in writing, which we may do at any time and for any reason or no reason and with no notice. Although you may stop accessing and using the Site at any time for any reason, you may not terminate or cancel these Terms. All terms, conditions and obligations of these Terms will survive termination or expiration of these Terms for any reason and will continue in full force and effect until expressly terminated or amended by us in writing.

 

10. INTERPRETATION

These Terms (including all additional agreements and policies incorporated herein) are a contract entered into in the Commonwealth of Pennsylvania and will be construed pursuant to the laws of the Commonwealth of Pennsylvania without regard to conflicts of laws principles.

The paragraphs set forth before Paragraph 1 above are incorporated herein and are a substantive and integral part of these Terms. The headings herein do not define, limit, expand or describe the scope or intent of any term or provision. If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law or unenforceable, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and if no feasible interpretation will save such provision, it will be severed from these Terms, and the remaining Terms remain in full force and effect. Our delay or failure to enforce any provision of these Terms will not be construed as a present or future waiver of such provision. No course of dealing, nor any conduct or custom, between any of the parties will be effective to amend, modify or change any of the provision of this Terms. These Terms do not replace, amend or supersede any other written agreement or document unless otherwise expressly indicated herein or in such other written agreement or document.

We may transfer, assign or delegate these Terms, along with our rights and obligations herein, to any other party with no notice and without your consent. You may not transfer, assign or delegate any of your obligations hereunder.

 

11. DISPUTES

These Terms, along with any other written agreements or documents referenced herein, will apply to any and all disputes or claims arising between you and us. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or that relate to the subject matter hereof (including the additional agreements and policies incorporated herein) must be brought and heard in the state and federal courts located in and for the Commonwealth of Pennsylvania. You and we irrevocably consent to the jurisdiction of and venue in such courts, and waive all claims or defenses based on lack of personal jurisdiction, improper venue, forum non conveniens or the like with respect to any action brought in the state and federal courts located in and for the Commonwealth of Pennsylvania.

 

12. CHANGES AND UPDATES TO TERMS

We reserve the right, at our sole discretion, to change, modify, add or remove some or all of these Terms at any time and without prior notice to you. Although we will use our best efforts to notify that these Terms have been changed or updated, such notice is not required for those changes or updates to be effective and binding. The current Terms are posted on the Site. It is your responsibility to review these Terms periodically for any changes or updates. Your continued use of the Site following any changes or updates means that you accept and agree to the changes or updates.