Terms of Service
Effective Date: April 24, 2020
Welcome to AutoCandy. The AutoCandy platform, which includes AutoCandy.com and related web, mobile and other software programs and applications (collectively the “Site” or “AutoCandy”), is owned by Wild Tree Holdings, LLC, a Wyoming limited liability company (the “Company”, “we” or “us”). In order to use AutoCandy, the Site, or any Services offered, you must agree to be bound by the most recent version of the Terms of Service available on AutoCandy.com (the “Terms”). If you do not agree to the Terms, you cannot use AutoCandy or any Services offered. We may change these Terms at any time. The Company will alert you to an update in the Terms by posting notice of the update on AutoCandy.com for a reasonable period of time.
- Using AutoCandy Services
(a) AutoCandy provides a web and app-based Service (“Service(s)”), which allows people, entities, organizations, and other users using the Site (collectively, “Users”) to post listings of customized vehicles for sale (“Listings”), browse Listings, and connects Users with other Users of the Site who may be potentially interested in purchasing such vehicles. In designated areas of the platform, the Site may provide Users with the ability to share opinions, ideas, or thoughts with other Users regarding such listings, and to directly interact with other Users of the Site as well, if they so choose.
(b) We have established certain rules designed to make the use of the Services offered by AutoCandy a great experience for everyone. We promise to respect and protect users who abide by these rules. Failure to abide by these rules may result in termination of your access to AutoCandy and Services offered and reporting of abuse to appropriate law enforcement authorities. By using this Service, you agree to the following rules:
i. In order to use the Services, you must be at least 18 years of age (or the age of consent set by applicable law) and be of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you are under the age of 18, but above the age of 13, you may use the Services only with the consent and supervision of a parent or legal guardian.
ii. You are not permitted to use the Services if: (a) You cannot enter into a binding contract with AutoCandy; (b) You are located in a country embargoed by the United States or if you are on a U.S. Agency list of prohibited persons or entities, such as the Treasury Department's list of Specially Designated Nationals; or (c) You have previously been banned from using any of our Services, unless we have reversed that ban, in our sole discretion.
iii. You may be required to create an account (as defined below), and select a password and user name.
iv. You will follow any and all applicable laws, rules, and regulations when using the Services offered by AutoCandy.
v. You hereby certify that any and all information that you provide to AutoCandy when enrolling in the Services is accurate, complete, and truthful.
vi. You will not use the Service to assist in stalking, harassing, intimidating, or harming any other person or business.
vii. You will not use the Service to assist you (or anyone else) in partaking in any illegal activities.
viii. You will not index, crawl, decompile, scrape, or reverse engineer any part of the web, mobile application or any other platform or Service offered by AutoCandy.
ix. You will not interfere with, attempt to interfere with, or assist anyone else in interfering with or disrupting AutoCandy's security or network.
(c) The Company shall not be held liable or responsible for any losses, expenses, damages, or costs you incur through using the AutoCandy service or any content derived therefrom, and you agree to defend and hold harmless AutoCandy for any such losses.
(d) We can terminate or restrict your use of the Service at any time and for any reason. If you create an account with AutoCandy, we may block your account at any time. This policy is in place to keep AutoCandy and the Services we offer, fun and safe for everyone.
(e) We reserve the right to discontinue or modify AutoCandy or the Services offered at any time. We may not provide advanced notice if this happens. We may terminate, ban, or restrict any User’s access to the Site at any time and for any reason.
- Disclaimer of Services Offered
(a) The Site provides a marketplace for both dealerships and private individuals looking to sell their customized vehicles, to post for-sale listings to be accessed by visitors of the Site. The Site is not a dealership, wholesaler, or brokerage of any kind. The Site does not accept payment for, nor does it handle the sales or the transfer of any vehicles listed on the Site.
- User Accounts
(b) You will be required to create a username and password, which will help to protect your Account from any unauthorized access. You may not select as your user name a name that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your Account to anyone else without our prior written permission. It is your sole responsibility to guard and protect this login information. We are not responsible for any activities or damages resulting from any unauthorized use of your Account. If you change your email address or no longer have access to the email you used to register, you must update your information. We reserve the right to reject or block any username which could be deemed to be offensive, an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity. To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. The security and confidentiality of your Account are solely your responsibility and you agree to immediately notify us of any security breach of your Account. AutoCandy, it’s officers, affiliates, employees, or vendors shall not be responsible for any losses arising out of the unauthorized use of your Account.
- Third-Party Interactions
(a) The Site and Services made available thereon may include links to third-party services and/or third-party services may be made available to you via the Service. These services are subject to the respective third-party terms and conditions and constitute an agreement between you and the applicable third-party service provider.
(b) Third-party content and links are provided as a convenience to you. You agree that AutoCandy is not responsible for examining or evaluating the content or accuracy and AutoCandy does not warrant and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that AutoCandy is not in any way responsible for any such use by you.
(c) AutoCandy has no control over how third parties operate their platforms, including the pricing, payment and billing policies applicable purchases, and therefore AutoCandy shall not be liable for any expense, damages, costs, or losses incurred through the use of such Third-Party content.
(a) Listings are generated by Seller Users. We reserve the right, but are not obligated, to modify or delete any Listing. We may not actively monitor all Listings. Under no circumstance whatsoever does the Company guarantee the accuracy of any Listing. Any questions regarding the content of a Listing should be directed to the Seller User responsible for the Listing.
(b) As a Seller User, you represent and warrant that (i) all Listings will be truthful, accurate, and complete in all respects and (ii) you have the right to sell any vehicle or other product listed in any Listing. Listings must have custom and or non-factory features; standard vehicles are not permitted. Autocandy.com reserves the right to terminate an active listing. Autocandy.com reserves the right to not approve and not allow a listing of a vehicle that does not have custom and or non-factory installed accessorized features. User listings must have vehicles with custom and or non-factory installed accessorized features. Listing vehicle approval is subject to Autocandy.com’s approval of features provided by the listing user. Autocandy.com reserves the right to determine which vehicles will be approved or denied for listing.
(c) We may establish or modify guidelines and rules applicable to Listings at any time.
(a) If you are a Seller User, you may be required to pay a subscription fee or other fees for using AutoCandy. The terms of any payments will be detailed in a Dealer Service Agreement entered into between you and the Company. Depending on the subscription enrolled in, the Services and corresponding subscription fee you select may automatically renew at the end of each billing cycle, if the Services are not cancelled prior to the last business day before the next scheduled billing date. In order to make said payments required for the Services offered, you may be asked to input personal and/or business banking information, including but not limited to, credit card information, billing addresses, bank account information, or account information for other payment Services offered, such as PayPal or other similar payment methods made available at that time. The Company hereby reserves the right to add, retract, change, or discontinue the allowance of the use of any particular payment method offered on the Site, in Company’s sole discretion.
(b) If you are a Buyer User, you understand and agree that all transactions and payments made for any purchase are strictly between you and the Seller User responsible for the Listing.
- Security and Safety
(a) Your security and safety are important to us. While we have put precautions in place to ensure the safety of your information and browsing devices while using our Services, we cannot guarantee your safety or security when using the Site.
(b) We urge all Users to exercise caution as well as general common sense when electing to meet with another User in person in order to complete a transaction. We recommend that Users choose a well-lit and populated area in which to conduct such in-person transactions, to ensure the safety of all of our Users. Under no circumstance will we be responsible or liable for any damages or losses whatsoever arising out of any transactions, Users may choose to conduct transactions or meet with other Users in-person solely at their own risk.
- DMCA Safe Harbor Compliance
(a) We ask that you respect the intellectual property of AutoCandy. All materials available through AutoCandy, including (but not limited to) the name AutoCandy and our logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other rights which are owned by or licensed to our Company or the respective third-party owner of such intellectual property. You agree not to copy, reproduce, duplicate, display, or otherwise distribute these materials without our written permission.
(b) AutoCandy has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), as codified in 17 U.S.C §512. The contact information for our designated agent to receive notification of claimed copyright or intellectual property infringement (“Copyright Agent”) is listed in this provision below.
(c) If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to AutoCandy’s Copyright Agent:
i. Information reasonably sufficient for AutoCandy to contact you: name, address, phone and e-mail address (if available);
ii. A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;
iii. Information reasonably sufficient to permit AutoCandy to locate your work on the site;
iv. A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;
v. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf; and
vi. A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(d) Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to AutoCandy by mail, fax or email as set forth below:
AutoCandy Copyright Agent
419 SW Lost River Road, Stuart FL, 44997
9. User Content
(a) Users may upload text, pictures, videos, and other content to Listings and the Site (collectively, the “User Content”). By uploading any User Content, you hereby represent and warrant that (i) you own all rights to the User Content and that (ii) the User Content will not infringe upon the rights of any third party. We reserve the right to block or terminate your Account, at our sole discretion and without notice or liability to you, if you transmit any content alleged to infringe on the intellectual property rights of a third party.
(b) You hereby grant to the Company a perpetual, worldwide, royalty-free, sublicensable license to use, share, promote, distribute, and make derivatives of your User Content.
(c) Certain vehicle listings or other forms of content made available on the Site may be assigned its own unique identifying code or link. With respect to any listings or content which is assigned a unique identifying code or link, Users may be permitted to post such content, along with any desired comments, pictures, or videos on their favorite social media platforms and tag such posted content with the assigned unique identifying code or link. Users hereby acknowledge and agree that any content posted shall not contain any offensive or inappropriate language or images, shall not contain any content which infringes upon, or violates the rights of any third-party, and that Users are solely responsible and liable for any damages or claims arising from such content posted. In using any assigned unique identifying codes or links of the Company when posting such content on any social media platform, Users thereby grant Company a perpetual and royalty-free license to use, reproduce, alter, or edit any such content posted online.
- Electronic Communications
(a) Through your use of the Service, you also hereby expressly consent and agree to receive electronic communications from us. We may send you electronic newsletters through email, and may send you emails on behalf of third parties containing promotional offers or sales which we determine may interest you. You may unsubscribe from the receipt of such emails at any time by sending an email requesting such un-subscription and/or cancellation to an email address that shall be designated specifically for receipt of such requests, however, the fulfillment of this request may affect the functionality of the Service and its ability to perform as intended. Additionally, even in the event that you unsubscribe from the marketing emails, if you are registered with an account or have requested that we contact you about certain services, you authorize us to send you important notices about such services and any pending transactions relating to these services, to any email address you have provided to us throughout the registration process, or at any other time thereafter. It is your sole responsibility to ensure that the email address on file remains up to date to be sure that important emails sent to you are not blocked or re-routed to spam folders.
- LIMITATION OF LIABILITY AND DAMAGES
(a) THE SITE AND SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES EXPRESS OR IMPLIED. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY MAKES NO WARRANTIES AS TO THE ACCURACY OF ANY CONTENT POSTED TO THE SITE. COMPANY SHALL IN NO WAY BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE SITE OR RELIANCE ON ANY INFORMATION CONTAINED ON THE SITE WHATSOVER.
(b) COMPANY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE PRODUCTS OR SERVICES LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR DECISION TO PURCHASE OR USE ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN RISK AND DISCRETION. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY CLAIMS, DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR SERVICES, OR THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM: (I) ACCESSING CERTAIN WEBSITES THROUGH THE USE OF THE SITE OR SERVICES, (II) COMMUNICATING OR TRANSACTING WITH OTHER USERS WHILE USING THE SERVICES OR (III) ELECTING TO MEET IN PERSON WITH ANY USER, INDIVIDUAL, OR ENTITY WITH WHOM YOU CONNECTED THROUGH THE COMPANY’S SITE OR SERVICES. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED FOR ANY PRODUCTS OFFERED THROUGH THE SITE OR OFFERED BY THIRD PARTIES WHO MAY LINK TO THE SITE.
(a) You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Affiliates”), from and against all claims, demands, suits, and liabilities, including but not limited to any claims damages or losses incurred, slander, defamation, libel, unauthorized use of name or likeness, and other similar claims, by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your interaction with any third-parties or third-party websites, through the use of the AutoCandy Services (iii) your violation of the Agreement, (iv) any damages resulting from any transactions between you and any other User or third-party, or (v) the infringement by you, or any third-party using your User Account, of any intellectual property or other right of any person or entity. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Additional Terms
(a) These Terms shall be governed and construed in accordance with the laws of the State of Florida without regard for the conflict of law provisions. Any dispute arising hereunder, or related to the terms hereof, shall be brought exclusively in the state or federal courts located in Florida.
(b) AutoCandy uses or may use certain features of the device on which you access the Services from. You agree that AutoCandy may access these features, and further agree that you may be charged by your phone, Internet, or data provider for the use of these Services. You hereby acknowledge and understand that you will be fully responsible for any charges incurred through your use of the AutoCandy Services.
(d) If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall continue in full force and effect to the maximum extent legally permissible.
(e) The delay or failure of either party hereunder to exercise or enforce any right or provision of these Terms, shall in no way constitute a waiver of such rights.
(f) If you do not understand any of the Terms listed above, or if you have any questions or comments about such Terms, we encourage you to please contact us via email at: firstname.lastname@example.org.