Terms & Conditions (User Agreement)

1. Terms

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use ("Agreement"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.

By using our site you are agreeing to be bound by the Terms of Use of Google Maps API. For details please click here http://developers.google.com/maps/terms

2. Disclaimer

The materials on this website, owned by LotBrowser ("LotBrowser"), are provided "as is". LotBrowser makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, LotBrowser does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

LotBrowser is a classifieds website that allows both dealers and private sellers to list their vehicles for sale. We are not involved in, nor responsible for, the transactions between the seller and the buyer related to the purchase of any vehicle listed with us.

3. Restrictions

Dealer Accounts are restricted to auto dealerships only. LotBrowser reserves the right to Suspend a user's account, or change it to a Private Seller Account, if it is determined that the account holder is not affiliated with, and listing vehicles for, an actual auto dealership.

In the event that a dealer with a Premium Account should allow their listing plan to expire, LotBrowser will automatically downgrade the dealer to a Basic (Free) Account. Dealers will be notified by email should we switch accounts on their behalf.

Dealers that are setup with a nightly inventory feed are expected to send us an updated file daily, however, we understand that sometimes this is not possible. If a new data file is not uploaded for a period of 15 days, we will contact you so that you can address any issues on your end. If your data file is not uploaded for 90 days or more, we reserve the right to disable your feed and remove your inventory from our site. Should that happen and you later upload a new data file, we will enable your feed again and add your inventory back to the site.

4. Limitations

In no event shall LotBrowser or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on LotBrowser's Internet site, even if LotBrowser or a LotBrowser authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Arbitration and Mediation

The parties agree that any dispute or difference between them arising under this Agreement shall be settled first by a meeting of the parties attempting to confer and resolve the dispute in a good faith manner.

If the parties cannot resolve their dispute after conferring, any party may require the other to submit the matter to non-binding mediation, utilizing the services of an impartial professional mediator approved by both parties.

If the parties cannot come to an agreement following mediation, they will submit the matter to binding arbitration at a location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis under the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall include the assessment of costs, expenses and reasonable attorney fees and shall include a written record of the proceedings and a written determination of the arbitrators. Absent an agreement to the contrary, any such arbitration shall be conducted by an arbitrator experienced in intellectual property law. The parties may object to any individual who is employed by or affiliated with a competing organization or entity. In the event of any such dispute or difference, either party may give to the other notice requiring that the matter be settled by arbitration. An award of arbitration shall be final and binding on the parties and may be confirmed in a court of competent jurisdiction.

6. Revisions and Errata

The materials appearing on LotBrowser's website could include technical, typographical, or photographic errors. LotBrowser does not warrant that any of the materials on its website are accurate, complete, or current. LotBrowser may make changes to the materials contained on its web site at any time without notice. LotBrowser does not, however, make any commitment to update the materials.

7. Links

LotBrowser has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by LotBrowser of the site. Use of any such linked website is at the user's own risk.

8. Site Terms of Use Modifications

LotBrowser may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to LotBrowser's website shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.