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TERMS OF SERVICE
Updated on 09.22.2010

1. Agreement

Welcome to CARACOOM, a service of CARACOOM, Inc. By using this website, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and CARACOOM; please read it carefully. CARACOOM respects your privacy. Please take a moment to review our privacy statement.

We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to info@caracoom.com, along with an explanation of the issue.

The Web is an evolving medium. CARACOOM retains the right to change the terms of this agreement from time to time. By continuing to use this website following our posting of such changes, you agree to be bound by this agreement, as modified. CARACOOM retains the right to change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

The material that appears on CARACOOM is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing a vehicle or other goods or services you've read about on CARACOOM, you should confirm with the vendor any information (including the price), as well as any or all applicable state laws pertaining to your vehicle purchase and/or sale. CARACOOM is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services. All prices are to be set and determined by the dealer and all finance and/or lease quotes are from the dealer and do not guarantee approval from primary lenders. All finance and lease terms are subject to bank/lender approval.

KNOW WHAT YOU ARE SIGNING AT THE TIME OF PURCHASE OR LEASE as a dealer is not prohibited from independently negotiating all of the terms and conditions of the final sale. Your acceptance of and execution of a contract for the purchase or lease of a vehicle and/or your purchase or lease of any vehicle on an "as-is" or "implied warranty only" basis or with any terms differing from those quoted to you on this website will supersede any posted or referenced terms, conditions and/or warranties displayed on our website and be legally binding upon you.

2. Vehicle Availability and Prices

CARACOOM DOES NOT GUARANTEE VEHICLE PRICES OR AVAILABILITY. All dealer transactions are conducted by and fulfilled through individually state licensed and franchised vehicle dealers. All vehicle descriptions and prices provided to you either on our website or via separate contact following your submission of a price quote request are made by the participating dealer possessing the desired vehicle and not by CARACOOM. All vehicles prices and descriptions listed as available on our website under the CARACOOM FIND Your Car are established and electronically placed there by the participating dealer and/or seller who owns the vehicle and not CARACOOM.

CARACOOM reserves the right not to forward your purchase request to a dealer, automobile manufacturer or any other entity in its sole discretion. At its discretion, CARACOOM will seek to forward your request to one or more dealers within CARACOOM's network although CARACOOM can not assure you that CARACOOM will be able to match your request with a dealer in CARACOOM's network of dealers. CARACOOM may also forward your price quote purchase request to an automobile manufacturer for use by that manufacturer. CARACOOM may resell your price quote request to another Internet marketing services company. In certain circumstances CARACOOM may not be able to match your price quote request to any dealer, manufacturer or alternative Internet marketing services company in which event you will probably not hear back from CARACOOM or any one referred to you by CARACOOM.

CARACOOM is not responsible for communications between you or the seller or any agreement you may enter into with them (verbal, written or otherwise). CARACOOM is not an automobile or truck broker and will not seek to arrange negotiations for a motor vehicle purchase on your behalf. All negotiations/communications are the sole responsibility of the consumer. The communications, either verbal or electronic pertaining to any agreement you reach with them are strictly between you and them and we disclaim all responsibility.

3. Buying and Selling Vehicles

CARACOOM is an information and vehicle listing service that connects buyers and sellers. Information about a listed vehicle is supplied by the seller, not by CARACOOM. NONE OF THE VEHICLES LISTED ARE OWNED BY CARACOOM. CARACOOM OFFERS NO EXPRESS OR IMPLIED WARRANTY ON ANY VEHICLE. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on CARACOOM often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Though we hope that all who come to CARACOOM will act honorably and treat each other fairly, we can't verify the information sellers supply or guarantee the vehicles they offer. Nor can we guarantee funds of the buyer pertaining to any transaction between the seller and buyer. When using this website to find a buyer for your vehicle or a vehicle you can buy, we urge you to use the same common sense and good judgment you would use in selling/buying a car through, or responding to, a classified ad in the newspaper.

When you offer a vehicle for sale through CARACOOM, 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 and the ability to transfer title. To list a vehicle for sale on CARACOOM, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any vehicle listed for sale on CARACOOM, nor may you use our website to promote, without our prior written permission, any other website, product or service. SELL Your Car ads are available only to private sellers who want to list their vehicles for sale.

Individuals who seek to list more than five vehicles on the CARACOOM website simultaneously, and all dealers, must make other arrangements with us. To find out more about listing and advertising opportunities on CARACOOM, visit our CARACOOM Dealer page. By using our SELL Your Car service, you represent that you are not a motor vehicle dealer, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and that neither you, nor anyone acting on your behalf will list more than five vehicles for sale simultaneously. CARACOOM reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses our website in a manner we consider inappropriate.

Responsibility for the information contained in each listing lies with each seller. You alone are responsible for material you post and for the content of all messages you transmit through CARACOOM. Nothing will undermine a user's confidence in the vehicle you're looking to sell faster than inaccurate statements or misleading representations about the vehicle. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat other CARACOOM users fairly and honorably.

Though we can't monitor every transaction that originates through a listing on CARACOOM, we may perform random quality assurance tests to confirm that those who offer vehicles for sale over CARACOOM are prepared to sell the vehicles they advertise at the prices at which, and the terms on which, they advertise them. By using all our services, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in "bait and switch" or other unfair or deceptive practices, CARACOOM reserves the right to deny that seller use of any CARACOOM services.

4. Links to Other Sites

For your convenience, we make available a variety of links to other websites that we don't operate where you can obtain automotive related products and services, including insurance, warranties, financing and inspection services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. CARACOOM is not responsible for the products or services these vendors provide. You release CARACOOM and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.

For your convenience, we make available links to websites operated by car dealerships that provide price quotes and list their cars in our online classifieds. We are not responsible for any of the content that appears on these sites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our site, or that may be accessible through a link from our site, and you release CARACOOM and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.

5. Registration

To obtain access to certain CARACOOM services, you will be given an opportunity to register with CARACOOM. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing CARACOOM through any username/password assigned to you. You will notify CARACOOM's info@caracoom.com of any known or suspected unauthorized use of your account.

6. Ownership and Permissions

CARACOOM is made available for your personal, non-commercial use only. The materials on this site are the property of CARACOOM or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on CARACOOM should be sent to:

Caracoom LLC
649 Broadway, Suite 200
New York, NY 10012

7. General

This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of New York. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in New York, NY in all disputes arising out of or relating to this Agreement or use of this website.