POMCAR TERMS AND CONDITIONS (effective March 1, 2016)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. THESE TERMS AND CONDITIONS APPLY TO THE WEB SITE POMCAR.COM, THE POMCAR MOBILE DEVICE APPLICATION INTENDED FOR USE BY CONSUMERS (COLLECTIVELY, “SITE”), AND ANY VEHICLE REPORTS OR OTHER CONTENT OR INFORMATION PROVIDED BY OR ON BEHALF OF POMCAR. IN THE CASE OF PROSPECTIVE USED VEHICLE BUYERS, BY VISITING OR USING THE SITE, OR ANY PAGE OF THE SITE, OR, IN THE CASE OF PROSPECTIVE USED-‐VEHICLE SELLERS, BY PERMITING A TECHNICIAN (DEFINED BELOW) TO INSPECT YOUR USED-‐VEHICLE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND POMCAR LLC. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR PERMIT A TECHNICIAN TO INSPECT YOUR USED VEHICLE, AS THE CASE MAY BE.
POMCAR RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR REVISE THESE TERMS AND CONDITIONS. PLEASE CHECK THE TERMS AND CONDITIONS PERIODICALLY FOR REVISIONS AND UPDATES. YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF CHANGES TO THE TERMS AND CONDITIONS CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES.
1. General. The Site is owned and operated by POMCAR LLC (“POMCAR”). POMCAR has the right at any time to change or discontinue any aspect or feature of the Site, including, without limitation, the content, hours of availability, and equipment needed for access to or use of the Site.
Please review the POMCAR Privacy Statement, which constitutes a part of these Terms and Conditions and is incorporated herein by reference and applies to the information collected by POMCAR during your visit to and use of the Site, to get a better understanding of POMCAR policies and procedures regarding the collection and use of personal information.
Most if not all communications between POMCAR and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and POMCAR electronically shall satisfy any legal requirements that such communications be in writing.
2. Service Description; Payment for Services. POMCAR is a web-‐based used-‐vehicle inspection matching and reporting platform enabling consumers who submit a used-‐vehicle inspection request within the continental United States and which is accepted by Pomcar (each, a “Customer”) to be anonymously matched with a vehicle technician (each, a “Technician”) who will then execute a standard inspection at a location designated by the vehicle seller’s (each, a “Seller”), the results of which will be compiled in a report by POMCAR (each, a “POMCAR® Vehicle ReportTM”) and provided to the Customer. Each POMCAR Vehicle Report, which will be accessible to the Customer for a thirty (30) day period to minimize the likelihood that the information contained therein becomes outdated, will convey information related to vehicle representation by Seller, safety and physical deficiencies (the above services, individually or collectively, the “POMCAR Services”). Technicians are independent contractors of POMCAR who apply to become members of the POMCAR network and a majority of those whose applications are accepted are certified by the National Institute for Automotive Service Excellence (“ASE”), an independent non-‐profit organization dedicated to improving the quality of vehicle repair and service by testing and certifying automotive professionals.
While a binding contract between Customer and POMCAR for the purchase and sale of a POMCAR Vehicle Report occurs at the time that POMCAR accepts Customer’s used-‐vehicle inspection request, payment will not be captured and Customer’s credit card will not be charged when the requested vehicle inspection cannot be performed due to any of the following:-‐ Unavailability of Technician -‐ Incorrect request information (e.g., vehicle location address, Seller contact information) -‐ Vehicle no longer offered for sale -‐ Vehicle pending sale or sold -‐ Seller unwilling to permit inspection POMCAR will only refund payments made by Customers in the event that an inspection is scheduled with a Technician but not conducted or completed.
3. Restrictions on Use. The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos and graphics (the “Content”). The Content of the Site, as well as the organization, layout, arrangement and design elements of the Site and each individual page of the Site, are the property of POMCAR and its affiliates and are protected by United States and international copyright, trademark and other applicable intellectual property laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part; provided, that you may use the “share” feature that POMCAR may make available on your POMCAR Vehicle Report on the Site to share on social media or with email recipients (1) a link to the applicable POMCAR Vehicle Report, and/or (2) information regarding your activities on the Site. Except as otherwise expressly permitted under these Terms and Conditions or copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of POMCAR or the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site.
Your access to the Site and to the Content is solely for your own personal and non-‐commercial use. You may not resell or make any commercial use of the Site or the Content. You may not download or copy any account information for the benefit of any merchant or for any commercial purpose. YOU MAY NOT MAKE USE OF ANY ROBOTS, SPIDERS, OR SIMILAR DATA MINING, DATA GATHERING OR EXTRACTION TOOLS OR MANUAL PROCESSES TO COLLECT, GATHER OR COPY ANY OF THE CONTENT. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists and users, portions of a database, or other lists or information from the Site not otherwise permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of POMCAR or its affiliates without POMCAR’s prior express written consent. You may not use meta tags or any other “hidden text” utilizing the POMCAR name or trademarks without the express written consent of POMCAR.
Systematic retrieval of the Content or other data from the Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of POMCAR is strictly prohibited.
You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person’s use and enjoyment of the Site. The Site is for your personal use only. You will not (i) post on or transmit to the Site any false, defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law; (ii) modify, distribute, transmit, perform, mirror, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away or donate any information obtained from the Site; (iii) except as expressly permitted in these Terms and Conditions, copy, display or reproduce any information obtained from the Site; or (iv) use the Site in any manner that violates any applicable laws, regulations, orders or other restrictions.
POMCAR is not obligated to monitor your or any other user’s use of the Site; such responsibility rests solely with you. POMCAR reserves the right to monitor your use of the Site and to restrict or terminate your use of the Site or modify or remove any information found on the Site for any reason or no reason in POMCAR’s sole judgment.
POMCAR makes no claims that the Site may be lawfully viewed, accessed or used outside the United States. Access or use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
The provisions of this Section 3 are for the benefit of POMCAR, its subsidiaries, affiliates, and third party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
POMCAR may take any legal action, as it deems appropriate and necessary, including, without limitation, prohibiting your use of the Site, civil and criminal proceedings, and proceedings for restraining orders and injunctions. You agree that monetary damages may not provide a sufficient remedy and you consent to injunctive or other equitable relief for such violations without the requirement that POMCAR post a bond.
4. Disclaimer of Warranties; Limitation of Liability. POMCAR offers Services as an online used-‐vehicle Customer-‐Technician matching and reporting service. POMCAR is never a party to any transaction between prospective or actual buyers and sellers of vehicles, including Customers and Sellers, and does not (a) guarantee or ensure the availability, safety or condition of any vehicle or any transaction between prospective or actual buyers and sellers of vehicles, including Customers and Sellers, (b) collect or process payment for or transfer title to any vehicle, or (c) warehouse, store, ship or deliver any vehicles. POMCAR is not responsible for and does not verify or warrant the accuracy or completeness of the information provided by prospective or actual buyers and sellers of vehicles, including Customers and Sellers.
NEITHER POMCAR, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OR SELLER OF ANY VEHICLE, INCLUDING CUSTOMERS AND SELLERS,
AS TO i) THE EXISTENCE, OWNERSHIP, SAFETY OR CONDITION OF ANY VEHICLE, ii) THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE CONTAINED IN A POMCAR VEHICLE REPORT, iii) THE DEGREE OF FIT WITH RESPECT TO THE MATCHING OF A CUSTOMER, AND THE USED-‐VEHICLE WHICH IS THE SUBJECT OF THE RELATED POMCAR VEHICLE REPORT, WITH A PARTICULAR TECHNICIAN, OR iv) THE QUALIFICATIONS OF ANY TECHNICIAN. POMCAR may, but has no obligation to, correct any error or omission on the Site or any POMCAR Vehicle Report. Each Customer must address all concerns, discrepancies and/or potential issues with a Seller prior to the sale of the related vehicle.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE UPON THE INFORMATION CONTAINED IN A POMCAR VEHICLE REPORT IS AT YOUR SOLE RISK. NEITHER POMCAR, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO i) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR ii) THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE, INCLUDING ANY POMCAR VEHICLE REPORT.
ANY PROSPECTIVE SELLER OF A USED-‐VEHICLE WHO PERMITS A TECHNICIAN TO INSPECT ITS USED VEHICLE SHALL BE DEEMED TO HAVE WAIVED ANY AND ALL CLAIMS AGAINST POMCAR FOR ANY CLAIMS OF MISREPRESTANTATION OF USED-‐VEHICLE FOR SALE, DAMAGE TO SUCH VEHICLE OR ANY OTHER INFORMATION CONTAINED IN A USED-‐VEHICLE REPORT.
THE SITE AND EACH POMCAR VEHICLE REPORT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE VEHICLES WHICH ARE THE SUBECT OF POMCAR VEHICLE REPORTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE OR ANY POMCAR VEHICLE REPORT, AS THE CASE MAY BE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT POMCAR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-‐PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL POMCAR, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN OR ANY POMCAR VEHICLE REPORT, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, LOST PROFITS OR REVENUES, LOSS AND CONDITIONS, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT OF A POMCAR VEHICLE REPORT. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE OR IN ANY POMCAR VEHICLE REPORT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL POMCAR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR OBTAINING ANY POMCAR VEHICLE REPORTS OR OTHER INFORMATION FROM THE SITE.
5. Indemnification. You agree to defend, indemnify, and hold harmless POMCAR and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of (i) your use of the Site or any information you obtain from the Site or its Content (including, without limitation, any POMCAR Vehicle Reports), (ii) any distribution, publication, refusal to publish, deletion, editing or other use of the content you provide, (ii) your breach of these Terms and Conditions or (iii) any actual, prospective or terminated sale or other transaction between you and a third party.
6. Trademarks and Patents. All trademarks and service marks of POMCAR and its subsidiaries or affiliates displayed on the Site or in any Pomcar Vehicle Report are subject to state, federal, and/or international trademark protection. Unless expressly authorized by POMCAR, you may not use its trademarks or service marks with any product or service that is not provided by POMCAR, or in any manner that is likely to cause confusion among customers, including Customers, or that might disparage or discredit POMCAR. All other trademarks appearing on the Site or in any Pomcar Vehicle Report are the property of their respective owners, including third party providers of products and services with links to and from the Site.
7. Third Party Content. Any information or content expressed or made available by third parties, including other Site users and third-‐party information providers (including ASE and all external report data sources), are those of the respective author(s) or distributor(s) and not of POMCAR.
The Site contains links to third party web sites with which POMCAR has linking arrangements but for which it does not maintain control or assume responsibility. The inclusion of such a link does not imply endorsement of such web sites by POMCAR or any association with the operators of such linked web sites. Any concerns regarding any such third party service or resource, or any link thereto, should be directed to the particular service or resource. In addition, POMCAR recommends that you review these web sites’ terms and conditions and privacy policies.
8. Submission of Personal Information, Reviews, Comments, Communications, and Other Content. Some of this information will be sent to Technicians who will need this information to respond to your request. By providing this information to us, or by submitting a used-‐vehicle service request, you are requesting, and you expressly consent to being contacted by us via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your used-‐vehicle service request and our business, including marketing related emails. For complete details on our use of your information, please see our Privacy Statement.
You agree that by completing a used-‐vehicle service request, you are entering into a business relationship with Pomcar and its business partners and thus agree to be contacted by Pomcar and/or such partners. You promise that all information you provide (including but not limited to your contact information, and any ratings and reviews of the related Vehicle Inspection Report that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Pomcar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pomcar has the right to refuse any current or future use of the Pomcar Services (or any portion thereof) by you. You are responsible for any use of the Pomcar services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-‐MAIL ADDRESS IS A SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES, INCLUDING INVASION OF PRIVACY RIGHTS, TO POMCAR AND ITS BUSINESS PARTNERS, INCLUDING INSPECTORS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A USED-‐VEHICLE SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE’S NAME, E-‐MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-‐MAIL OR PHONE NUMBER, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO POMCAR AND EACH POMCAR BUSINESS PARTNER, INCLUDING INSPECTORS, FOR THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COSTS AND EXPENSES RELATING THERETO.
The Site may include functionality that allows users to post comments. You may post comments or submit materials on the Site so long as the content is not illegal or in violation of any applicable laws or regulations, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
If you do post content or submit material, and unless we indicate otherwise in writing, you grant POMCAR and its affiliates a nonexclusive, royalty-‐free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. POMCAR has the right but not the obligation to monitor and edit or remove any activity or content. POMCAR takes no responsibility and assumes no liability for any content posted by you or any third party.
9. Viruses. POMCAR also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
10. Export Control. Software and other materials from the Site may also be subject to United States Export Control laws. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (1) into (or to a national or resident of) Crimea Region of Ukraine, Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the US Commerce Department’s Table of Deny Orders. POMCAR does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.
11. Third-‐Party Business Associates. The third-‐party business associates of POMCAR identified on the Site (including, but not limited to, Technicians, external report data sources and payment gateways) are independent contractors of POMCAR. The third-‐party business associates are not joint ventures or partners of POMCAR. No employee or representative of the business associates is under the control of POMCAR and POMCAR is not liable for any acts or omissions thereof.
12. Changed Terms. POMCAR has the right at any time to change or modify the Terms and Conditions applicable to use of the Site, any POMCAR Vehicle Report, or any part thereof, or to impose new conditions, including, without limitation, adding or increasing fees and charges for use or access thereto. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Site, or by electronic or conventional mail, or by any other means. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions, or deletions. The last date on which these Terms and Conditions has been updated in noted at the top hereof.
13. Miscellaneous. These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms and Conditions shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of any state or Federal court in the State of Florida, acknowledge that venue is proper in the State of Florida, agree that any action related to these Terms and Conditions must be brought in a state or Federal court in the State of Florida and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Digital Millennium Copyright Act Notice
It is the policy of POMCAR to respect the intellectual property of others. If you are alleging that material available on or through a POMCAR website infringes upon your copyright, please submit a written notification pursuant to the Digital Millennium Copyright Act (‘DMCA’). The notice must include the following to be effective:
- 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 POMCAR to locate the material
- Information reasonably sufficient to permit POMCAR to contact you, such as an address, telephone number, and, if available, an email address
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
In the event that POMCAR removes material from a POMCAR website (or access to the material is disabled) and you believe that such material is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, please submit a written counter notification pursuant to the DMCA. The counter notification must include the following to be effective:
- Your physical or electronic signature
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
- Your name, address, telephone number, and, if available, an email address, and a statement that you consent to the jurisdiction of the U.S. District Court for the Southern District of Florida and that you will accept service of process from the person who provided notification of the alleged infringement
All written notices should be sent to the following:
PO Box 531303
Miami Shores, FL 33153
Email: [email protected]
IN THE CASE OF PROSPECTIVE USED-‐VEHICLE BUYERS, BY VISITING OR USING THE SITE, OR ANY PAGE OF THE SITE, OR IN THE CASE OF PROSPECTIVE USED-‐VEHICLE SELLERS, BY PERMITING A TECHNICIAN TO INSPECT YOUR USED-‐VEHICLE,YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND POMCAR LLC. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR PERMIT A TECHNICIAN TO INSPECT YOUR USED-‐VEHICLE, AS THE CASE MAY BE.