User Agreement

Introduction.
Thank you for visiting our website. We hope that you find it to be a useful part of your car-buying or car-selling experience. Please note that the services AutoBitt provides to you through this website are subject to the terms and conditions in the following Website Agreement, a contract between you and AutoBitt that explains the permissible and prohibited activities on this website.

AutoBitt.com is an advertising and research service. AutoBitt.com operates the Site as an online advertising and research service for car buyers, sellers and third parties affiliates. AutoBitt.com does not sell vehicles directly and is never a party to any transaction between buyers and sellers. As a result, AutoBitt.com does not (a) guarantee or ensure any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any vehicles.

Site Content. All information and content available on this Site is protected by copyright and other intellectual property laws. The Content is owned by AutoBitt.com, its Affiliates, and/or their respective licensors and suppliers The Content is intended for personal and noncommercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of AutoBitt.com. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to AutoBitt.com.
Any other text, photos, graphics, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. Neither these materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. We will not be held liable in any way to any User or to any third party or to any other person who may receive information from the Site or to any other person whatsoever, for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

Copyrights. It is the policy of AutoBitt.com to respond to claims of intellectual property infringement. AutoBitt.com will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following

Trademarks. You acknowledge that the Content includes certain trademarks and service marks owned by AutoBitt.com, Affiliates and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content.  Other product and company names herein may be trademarks of their respective owners.

Software. Please note that all software programming, including without limitation all HTML and other code contained in this Site, is owned by AutoBitt.com and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

User Materials. By submitting ads, content, photos, data or other materials to the Site, you hereby grant to AutoBitt.com and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sub licensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to AutoBitt.com and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.

AutoBitt.com Rights. Given the nature of the Site and the volume of messages and postings, AutoBitt.com cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. AutoBitt.com reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that AutoBitt.com (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.

Unsolicited Materials. AutoBitt.com does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media. AutoBitt.com and the Affiliates shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the Site.

Representations/Indemnity. You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold AutoBitt.com, its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.

Prohibited Activities. The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to AutoBitt.com Users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site's lead forms and/or toll-free numbers to advertise or promote products and services to AutoBitt.com advertisers; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on AutoBitt.com's hardware and software infrastructure.

Place Your Ad for FREE Rules. By listing your vehicle for sale through the Site's service (the "Listing Service"), you acknowledge and agree to Site's service Terms and Conditions:
Place Your Ad fro FREE Rules. By listing your vehicle for sale through AutoBitt.com's service, you acknowledge and agree that: (a) the vehicle you list for sale is in your possession; (b) you have the right to transfer the advertised vehicle's title to the purchaser; (c) you are willing to sell the advertised vehicle at the price and on any other terms specified in your listing; (d) you will purchase only one listing per unique vehicle and you will not advertise more than one vehicle in a single listing, either by including descriptions of multiple cars in one listing or by subsequently updating the listing information to advertise different vehicles; (e) upon selling or otherwise taking your vehicle off the market, you will within 72 hours delete the listing for that vehicle; (f) you will not use your listing to advertise or promote anything (including, without limitation, any product, service or business). You will owe AutoBitt.com for your listing, even if you fail to sell your vehicle or are dissatisfied with; (h) you will properly identify yourself as either an "Individual Seller" or a "Dealer" (a "Dealer" is any individual or entity that is in the business of selling vehicles or who has had 5 or more vehicles for sale on the AutoBitt.com site within the previous 12 months of the listing start date; anyone that does not meet the definition of a Dealer is an "Individual Seller"); (i) if you placed a listing with a material error that cannot be corrected through the tools, you will contact AutoBitt.com customer service or support service within 7 days of your original listing date to inquire about making material changes to your listing (e.g., through a typographical error, you listed the wrong model for sale) and AutoBitt.com shall determine, in its sole discretion, whether such changes will be permitted; (j) you will not use the AutoBitt.com site, including without limitation your listing, for any fraudulent, false, misleading or deceptive activity; (k) all content and information that you provide to AutoBitt.com is truthful, accurate and complete; and (l) you have the full right, title and interest in and to all content, photos and other material that you provide to, or post on, AutoBitt.com; (m) photos provided for the listing will only show the vehicle listed for sale and may not include under any circumstances people, animals, or other objects not part of the vehicle. AutoBitt.com reserves the right, in its sole discretion, to remove any listing or photo, without notice and without liability or providing a refund, that does not meet the requirements of these Terms & Conditions, AutoBitt.com's website Terms of Service, AutoBitt.com's policies, or if AutoBitt.com otherwise determines or believes, in AutoBitt.com's sole and exclusive discretion, that your listing or any photo or other content you upload is inappropriate for any legal, business, technical or other reason.

Listing Details. Currently, AutoBitt.com offers various listings packages. Features included with each listing package vary depending on the market, as determined by the zip code where the vehicle is advertised for sale. Listings packages vary on the following features:

  • Run time: The number of days at a time the listing appears on the AutoBitt.com site.

  • Photos: AutoBitt.com listings packages include from 0-12 photos of the seller's actual vehicle. Please note that if your listing appears on the AutoBitt.com site for more than 180 days and your listing includes your own photos, you will need to upload the photos again after such 180-day period (at no cost) to keep them in your listing.

GENERAL LIMITATIONS. At this time, listings can only be created for the vehicles and models specifically identified in the drop-down menus. You are solely responsible for the information, content, and photos contained within your listings. The listings only contain the features expressly indicated. In some cases, different features are available to other AutoBitt.com advertisers (including but not limited to "Certified Pre-Owned" logos) that are not available to you. Listings may not appear on the AutoBitt.com site for up to 72 hours. AUTOBITT.COM DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THE SELL IT YOURSELF SERVICE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE.

AutoBitt.com reserves the right to, but is under no obligation to and does not assume any obligation to, review listings before and/or after they are posted to the AutoBitt.com site to confirm information relating to the advertiser and the advertised vehicle and to investigate complaints and suspicious activity. If AutoBitt.com determines, in its sole and exclusive discretion, that you are engaging in any unfair, deceptive, false, misleading or fraudulent practices, AutoBitt.com reserves the right to reject or immediately remove your listing from the AutoBitt.com site without notice and without liability or providing a refund, as described above.

Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. AUTOBITT.COM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND AUTOBITT.COM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. AUTOBITT.COM AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. AUTOBITT.COM CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. AUTOBITT.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT YOURSELF TERMS AND CONDITIONS, AUTOBITT.COM DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability. AUTOBITT.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF AUTOBITT.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.

Termination of Service. You understand and agree that in AutoBitt.com's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and AutoBitt.com may exercise any other remedy available and remove any Materials, if AutoBitt.com believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of AutoBitt.com, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to AutoBitt.com for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that AutoBitt s.com post a bond. AutoBitt.com is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in AutoBitt.com's sole discretion, you have violated these Terms of Service.

Miscellaneous. These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. AutoBitt.com may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Site includes links to other websites not established or supervised by AutoBitt.com or any Affiliate. AutoBitt.com and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Illinois.com to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.