onlyusedtesla.com (the “Site) is an interactive online service operated by Qureshi Media. Onlyusedtesla.com offers users information services and content provided by individual buyers, sellers, and other information providers.
User Agreement. In order to protect the interests of all of our users, as well as those of our information providers, we ask that you abide by the following rules. By registering as a user or by using the Site, users hereby agree to be bound by all of the following terms and conditions (“Terms of Service” or “TOS”).
By using the Service, you accept the terms of the Terms of Service. You may be subject to other posted terms and guidelines applicable to certain services available on or through the Site. All terms and guidelines on the Site, including our Privacy Statement, are part of this TOS and incorporated herein by reference. Unless explicitly stated otherwise, any features or services available at any time on the Service, are subject to this TOS. Accessing the Service in any manner, even through automated means, constitutes your use of the Service and your agreement to be bound by this TOS.
The material that appears on the Site is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the Service may, from time to time, contain errors. The Site includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the Site, and you should not rely on it without independent verification.
We invite you to bring to our attention any materials or information on the Site that you believe to be inaccurate. Please forward a copy of the materials or information to us along with an explanation of the inaccuracies.
Termination of Service. Users understand and agree that in onlyusedtesla.com’s sole discretion, and without prior notice, we may terminate users’ access to the Site or exercise any other remedy available and remove any unauthorized User Content, if onlyusedtesla.com believes that your use of the Web site, Service and/or any User Content you provided has violated or is inconsistent with these Terms of Service, violated the rights of onlyusedtesla.com, another User or the law. You agree that monetary damages may not provide a sufficient remedy to onlyusedtesla.com for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. onlyusedtesla.com is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Service.
Copyright Notice and Limitations on Use. All of the information, content and services (collectively, the “Content”) within this Site are protected by copyright and other intellectual property laws. The Content is owned by onlyusedtesla.com and its affiliated companies, licensors and suppliers. The Content is provided to users for their personal, non-commercial use only. The materials on the Site are the property of onlyusedtesla.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in these Terms of Service, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the Site. You may display and occasionally print a single copy of any page of the Site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Site without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on the Site, in any form (including electronic form), without prior written permission from the owner of such materials. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to Permissions, onlyusedtesla.com, email@example.com.
You acknowledge that the Content includes certain trademarks and service marks owned by onlyusedtesla.com, Adam Qureshi, including the name “onlyusedtesla.com” and certain logotypes, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon 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.
If you operate a Web site and wish to link to the Service, you must link to the Service’s home page unless permission otherwise has been granted in writing by onlyusedtesla.com Permissions. onlyusedtesla.com reserves the right to reject or terminate any links to the Content or the Service.
Associated Press text, photo, graphic, 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 AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to the User or to any third party or to any other person who may receive information in the Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom 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.
Interactive Areas. The Service’s forums, bulletin boards and chat rooms are provided to give users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. onlyusedtesla.com, does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these forums, message boards, bulletin boards or chat rooms. Please use your best judgment, and be respectful of other individuals using these forums. Do not use vulgar, abusive or hateful language. You may not use the Service’s message boards, bulletin boards or chat rooms for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.
Given the nature of the Service and the volume of messages and postings, onlyusedtesla.com cannot and does not monitor all of the material posted or transmitted by users and third-party information providers. While you agree that onlyusedtesla.com will not be liable for such third-party content, onlyusedtesla.com reserves the right to delete, move or edit any communications or content that it deems in its sole discretion to be violative of this Term Of Service; harmful to individuals or communities; obscene; defamatory; in violation of onlyusedtesla.com’s or any third-party’s rights; or otherwise unacceptable.
User Content. By placing material on or communicating with the www.onlyusedtesla.com web site and the Service, you hereby grant to onlyusedtesla.com and its partners and their affiliates and related entities (collectively, “the Partners”) the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold onlyusedtesla.com and the Partners harmless against any claims or costs, including attorneys’ fees, arising from the use or distribution of those materials. You further grant onlyusedtesla.com and the Partners the right to use your name in connection with the reproduction or distribution of such material.
Prohibited Activities and Content. The following is a partial list of the kinds of activities and content that are prohibited on or through the Service: (a) submitting content 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 content that could be harmful to minors; (c) engaging activity or submitting content 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”; (e) engaging in activity, or submitting content, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting content that contains restricted or password only access pages, or hidden pages or images; (g) submitting content that displays pornographic or sexually explicit material of any kind; (h) submitting content 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 content that solicit passwords or personally identifiable information for commercial or unlawful purposes from other users; and (j) engaging in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Access to the Service. You agree that you will not: (a) use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the Content contained in the Service or for any other unauthorized purpose without our prior expressed written permission; (b) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service and the onlyusedtesla.com web site; and (c) take any action that imposes an unreasonable or disproportionately large load on onlyusedtesla.com’s hardware and software infrastructure.
onlyusedtesla.com does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the forums, chat rooms and bulletin boards on the Service. onlyusedtesla.com and the Partners shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Service.
Copyrights and Copyright Agents. It is the policy of onlyusedtesla.com to respond to claims of intellectual property infringement. onlyusedtesla.com will promptly process and investigate notices of alleged infringement and will 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 Designated Agent for these sites:
Qureshi Media Ventures, LLC
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Information for Buyers and Sellers
OnlyUsedTesla.com is a vehicle listing and information service that connects buyers and sellers of used Tesla vehicles.
OnlyUsedTesla.com is not a party to any transaction that occurs through the Site or that originates from information found on the Site. OnlyUsedTesla.com is not an automobile broker or dealer and does not sell, exchange, buy, or offer for sale, negotiate or attempt to negotiate, a sale or exchange of an interest in any vehicle listed for sale on our site.
OnlyUsedTesla.com does not hold or possess title for any vehicle listed for sale on our site.
All buyers and sellers must be at least 18 years old to use the site and by using the site, represent that they are at least 18 years old.
Prices reflected on the Site do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing. Before purchasing a vehicle, Buyers should confirm with the Seller any information, including the price.
The information on vehicles provided on this Site is supplied by the seller or third parties, and not onlyusedtesla.com. Any information contained on the Site is provided on an “as is,” “as available” basis. As such, Onlyusedtesla.com CANNOT AND DOES NOT MAKE, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE, GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED regarding:
- the accuracy or completeness of any information provided on the Site,
- the existence or ownership of any vehicle listed on this site, or
- the condition or performance of any vehicles on the Site,
- vehicle contained on this Site
Onlyusedtesla.com does not own, hold or possess title, inspect, buy, or sell, any vehicles listed for sale on our site. Any dispute about the condition of a vehicle sold through the site is between the buyer and seller only. Buyers are solely responsible for reading the full vehicle listing before making a commitment to buy. Any reliance upon any information posted on the Site shall be at Buyer’s sole risk.
Onlyusedtesla.com reserves the right, in its sole discretion, to correct any error or omission in any portion of the Site. Any and all concerns, differences or discrepancies must be addressed with the seller prior to the sale of the vehicle. Buyers agree to release, hold harmless and indemnify onlyusedtesla.com from any and all liability arising from incorrect or incomplete information regarding any vehicle.
ALL VEHICLES ARE SUBJECT TO PRIOR SALES.
Buyers are encouraged to read the section on fraud awareness before buying a vehicle listed on the Site.
Sellers of vehicles represent and warrant and agree to the following:
(i) that all information submitted to OnlyUsedTesla.com about a particular vehicle and their contact information are accurate and true
(ii) to approve listing descriptions as complete and accurate before publication,
(iii) that all relevant vehicle information is included in the listing submission,
(iv) they are prepared to sell the listed vehicle at the price at which it is listed, and
(v) they have possession of the actual vehicle listed and the proper authority to transfer title.
Sellers acknowledge, understand and accept that they may be asked to provide proof of ownership of their vehicles prior to or at any time after a vehicle is listed on onlyusedtesla.com. Sellers agree to provide such information promptly when requested and understand that failure to provide such information entitles onlyusedtesla.com, in its sole discretion, to remove the Seller’s listing without a return of any listing fees paid by the Seller.
Sellers of vehicles listed on onlyusedtesla.com acknowledge that they understand that
(i) Listing their vehicle with onlyusedtesla.com does not guarantee a sale and
(ii) Any Tesla listed with onlyusedtesla.com that does not result in a sale or that is sold through other means, does not and will not, entitle the Seller to a refund of any amounts paid to onlyusedtesla.com.
Sellers acknowledge that onlyusedtesla.com that in the event that onlyusedtesla.com forced to incur additional fees or charges related to the processing or listing of the a Seller’s vehicle, Sellers maybe liable for the payment of those additional amounts above and beyond any listing fees paid.
General Disclaimer and Limitation of Liability and Indemnification.
ONLYUSEDTESLA.COM, INC. MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND ONLYUSEDTESLA.COM, INC. EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. ONLYUSEDTESLA.COM, INC. ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. ONLYUSEDTESLA.COM DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT ONLYUSEDTESLA.COM, INC. HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE.
LIMITATION OF LIABILITY
PARTIES USING THE SITE DO SO AT THEIR OWN RISK AND ONLYUSEDTESLA.COM, INC., SHALL BE NOT BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM THE USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, ONLYUSEDTESLA.COM ALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT. IF ONLYUSEDTESLA.COM IS FOUND TO BE LIABLE UNDER THIS AGREEMENT, INCLUDING FOR DIRECT OR ANY TYPE OF DAMAGES, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (B) $100.
USERS TO INDEMNIFY ONLYUSEDTESLA.COM AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.
Miscellaneous. onlyusedtesla.com reserves the right at its discretion to change these Terms of Service and will notify users of any such changes by online postings. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. The Service may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of the Content at any time, without notice or liability.
These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Service must be filed in the federal or state courts located in Cook County, Ill., within one year after the cause of action arises or the cause is barred.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY.