USER LICENSE AGREEMENT

IMPORTANT: BY USING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.

Software License Agreement-Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“License”) CAREFULLY BEFORE USING THIS WEBSITE OR DOWNLOADING ANY SOFTWARE UPDATES ACCOMPANYING THIS LICENSE. BY DOWNLOADING OR USING THIS WEBSITE, OR DOWNLOADING ANY SOFTWARE UPDATE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, THEN PLEASE DO NOT USE, ACCESS OR INSTALL THIS WEBSITE OR DOWNLOAD ANY SOFTWARE UPDATES.

The software, documentation, interfaces, content, fonts and data for this Website, as well as any software updates for this Website, are licensed, not sold, to you by EtoCar.com for use only under the terms of this License. EtoCar.com retains ownership of this Website and reserves all rights not expressly granted to you.

Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to use this Website. Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to download updates that may be made available by EtoCar.com.

You may not, and you agree not to, or enable others to, copy (except as may be expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt, modify, or create derivate works of this Website or any part thereof. You may not transfer, rent, lease, lend, sell, redistribute, or sublicense this Website. Any attempt to do so is a v

You agree to use this Website in compliance with all applicable laws, whether federal, state, municipal or any other legally enforceable body.

EtoCar.com does not guarantee the availability, accuracy, completeness, reliability or timeliness of any information or data provided by this Website.

This License is effective until terminated by EtoCar.com. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from EtoCar.com if you fail to comply with any term of this License. Upon the termination of this License, you shall immediately cease any and all use of this Website and delete all copies, full or partial, of this Website.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY WEBSITELICABLE LAW, USE OF THIS WEBSITE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THIS WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS UPON YOU.

TO THE MAXIMUM EXTENT PERMITTED BY ANY WEBSITELICABLE LAW, THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EPXRESS OR IMPLIED. EtoCar.com HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTIBILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EtoCar.com MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT PROVIDED BY THIS WEBSITE, YOUR RESULTS IN USING THIS WEBSITE, OR THE SERVICE ITSELF, WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY.

EtoCar.com DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THIS WEBSITE; THAT THE FUNCTIONS CONTAINED IN, OR THAT THE SERVICES PERFORMED OR PROVIDED BY, THIS WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE OPERATION OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE; OR THAT ANY DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.

NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY EtoCar.com SHALL CREATE A WARRANTY. SHOULD THIS WEBSITE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

TO THE EXTENT NOT OTHERWISE PROHIBITED BY WEBSITELICABLE LAW, IN NO EVENT SHALL EtoCar.com OR ITS AFFILIATES, OR THE DIRECTORS, OWNERS, EMPLOYEES, AGENTS, PRINCIPALS, ATTORNEYS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS OF EACH, BE LIABLE FOR ANY DAMAGES OR PERSONAL INJURY WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS WAIVER OF LIABILITY WEBSITELIES TO ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THIS WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, WARANTY, STRICT OR PRODUCT LIABILITY, OR OTHERWISE) AND EVEN IF EtoCar.com HAS BEEN NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS WEBSITELY TO YOU, SOME OR ALL OF THESE MAY NOT WEBSITELY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN NO EVENT SHALL EtoCar.com’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY WEBSITELICABLE LAW) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EtoCar.com, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, ATTORNEYS, CONTRACTORS, LICENSORS AND LECENSEES, REPRESENTATIVES, SUCCESSORS OR ASSIGNS, FROM ALL DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ON ACCOUNT OF ANY CLAIM, SUIT, ACTION, DEMAND OR PROCEEDING MADE OR BROUGHT AGAINST ANY SUCH PARTY, OR ON ACCOUNT OF THE INVESTIGATION, DEFENSE OR SETTLEMENT THEREOF, ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE.

You agree that all content appearing on this Website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software are the sole property of EtoCar.com or its partners and suppliers, and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of EtoCar.com and protected by United States and international laws. All software used on this Website is the property of EtoCar.com or its software suppliers and protected by United States and international copyright laws. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Website is strictly prohibited.

EtoCar.com does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this Website, without the prior written consent of EtoCar.com. Registered and unregistered proprietary information is owned and held by EtoCar.com and its licensors and, therefore, you may be liable for infringement or miswebsiteropriation or other legal action to the fullest extent of the law if you misuse this Website in any form, either mentioned or unmentioned.

EtoCar.com is a trademark or trade dress in the United States and/or other countries. EtoCar.com’s trademarks and trade dress may not be used in connection with any product or service that is not EtoCar.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EtoCar.com. All other trademarks not owned by EtoCar.com that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, EtoCar.com.

You agree that EtoCar.com encourages you to exercise discretion browsing the internet. Our Website, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. EtoCar.com and its affiliates make no representation or warranty about the legality of any third party Website nor about its accuracy, content, products or services. Any such Website is independent from EtoCar.com, and EtoCar.com has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between EtoCar.com and another Website further does not mean that EtoCar.com endorses, recommends, sponsors or websiteroves that Website. EtoCar.com expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the EtoCar.com domain.

You agree that you will not use this Website for certain commercial or political purposes including, but not limited to, advertising or soliciting funds; to monitor, gather or copy content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; to use any meta tags or any other “hidden text” utilizing EtoCar.com’s name or any trademarks; to engage in any activity that interferes with a user’s access to the Website or the proper operation of this Website. You also agree that in using this Website you will not impersonate any person or entity.

You agree that you are prohibited from posting or transmitting to the EtoCar.com Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of this License. EtoCar.com reserves the right to seek all remedies available at law and in equity for violations of this License, including the right to block access to this Website.

EtoCar.com attempts to be as accurate as possible. However, EtoCar.com does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current or error free.

In the event a product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from a third party, EtoCar.com shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. EtoCar.com shall have the right to limit the number of items sold and/or purchased through this Website. EtoCar.com shall have the right to refuse or to cancel any order whether or not the order has been confirmed and the money has been received by EtoCar.com. If the buyer’s money has already been received by EtoCar.com and the order is cancelled, EtoCar.com shall immediately return the money to the buyer.

Anyone utilizing EtoCar.com either as a buyer or seller of used cars shall be bound by this License. Additionally, they shall be bound by the following terms and conditions:

1.EtoCar.com will attempt to confirm the year, the model, the exterior and interior color and the mileage on the car and will obtain a Carfax report for the car.

2.Buyer or Seller will arrange land transportation to the warehouse and the ocean shipping from the warehouse to China.

3.Once shipped, a car cannot be returned to the United States.

4.Any and all information pertaining to cars being sold through this Website is supplied solely by the seller, and not by EtoCar.com. The seller shall be responsible for any and all such information and the seller guarantees the accuracy and authenticity of all such information. In the event that the transaction is cancelled due to inaccurate or unauthentic information provided by the seller, the seller shall be responsible for any and all expenses incurred by any other party resulting from the cancellation.

5.EtoCar.com shall not be responsible for verifying any information provided by the seller of a car, nor does EtoCar.com guarantee the reliability of such information. Despite this fact, EtoCar.com reserves the right to review any and all car listings to insure compliance with this License. In the event that EtoCar.com determines that a seller has violated any of these terms and conditions, EtoCar.com reserves the right to remove the listing in question from this Website, to remove the seller’s account and to bar the seller from using this Website.

6.Both the seller and the buyer must accurately identify themselves and provide accurate contact information to each other. In the event that either party provides false or inaccurate information, EtoCar.com reserves the right to remove that party’s account and to bar the party from using this Website. The offending party shall also be responsible for any and all expenses incurred by any other party resulting from the provision of false or inaccurate information.

7.In the event that any party to a transaction violates the immediately preceding sections 6, 7, and 8, in addition to the relief provided in said sections, the violating party shall not provide any confidential information about EtoCar.com or its business model to any other party and shall immediately cease receiving any passive commissions for referrals.

8.All of the terms of sale, including the price, shall be determined by direct negotiations between the buyer and the seller.

9.EtoCar.com shall not guarantee to the seller payment by the buyer.

10.EtoCar.com shall not guarantee the performance of any cars sold through this Website.

11.EtoCar.com shall not be responsible for any actions or conduct of a buyer in purchasing a car to be sold through the assistance of this Website.

12.EtoCar.com shall not have any liability to either the buyer or the seller in the event that a car is damaged, lost or stolen while the car is in transit.

13.EtoCar.com shall not have any liability in the event that any person whatsoever is injured, or any property is damaged, while a car is in transit.

14.In order to utilize this Website, a seller must be prepared to sell his car at the price, and on the terms, which they have listed and have agreed to with the buyer. A seller must have actual possession of the car and the ability to transfer title to the buyer.

15.All of the parties to a transaction shall fully cooperate with EtoCar.com in a timely manner by providing, or assisting in obtaining, any and all documents necessary to consummate the transaction.

EtoCar.com may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website. EtoCar.com shall not be liable to you or any third party should it exercise this right to modify or discontinue this Website. EtoCar.com also reserves the right to revise, at its sole and absolute discretion, this License at any time. All revisions will be posted on this License and will be effective immediately upon its posting. By using or browsing this Website, you are deemed notified and bound by any changes to this License. We encourage users to review this License each time you visit this Website to remain informed of any changes to it.

When you visit this Website, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By accessing and/or using this Website, you acknowledge that you have read, understood and agree to be bound by this License and you agree to comply with all applicable laws and regulations. If you do not agree to these terms then please do not use this Website.

When you engage in a transaction on this Website, we may collect your name, social security number, address, phone number, e-mail address, a copy of your driver’s license and your banking routing number and account number for use in processing your transaction. This information may be used for purposes on ongoing communications between the parties, to perform a one-time credit check and a one-time criminal history check, to complete all necessary aspects of your transaction, and to initiate contact with referrals. We will not sell or rent your e-mail address to any third party. None of this information will be shared with any third parties except as necessary to complete the credit and criminal history checks. By using our Website, you agree that you have read, understood and accepted our privacy policy.

Security of all personally identifiable information associated with our customers and visitors is a primary concern of ours. Thus, we have adopted reasonable security measures to protect the security of our users’ information. We use a secure layer for all data transmission within our Website. We use, where appropriate, industry standard Secure Socket Layer (SSL) encryption technology and computer server firewalls when transferring and receiving consumer data exchanged with this Website. Nevertheless, we cannot guarantee complete security of your information inasmuch as no security systems are foolproof. It is also important for you to protect against the unauthorized access to your information as well as to your computer, phone and devices.

EtoCar.com cannot guarantee that all private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this License. We reserve the right, and may be forced, to disclose any and all information to government bodies or government officials or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. As such, you authorize EtoCar.com to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements or other activity that is, or may be, illegal or that may expose EtoCar.com to legal liability.

Our privacy policy and all statements contained in this License about privacy and how we deal with data supplied by visitors to this Website are not intended to be a contractual obligation of any kind and any such obligation is hereby disclaimed in its entirety. These statements merely constitute the present policy of EtoCar.com, which we will take reasonable measures to implement. Similarly, this privacy policy is not intended to be “advertising” or “advertising claims.” Rather, it is merely intended to set forth our policy, including our practices and intentions, as to how we conduct our business.

When you sign up to our Website, you agree to receive EtoCar.com notifications, promotional e-mails, text messages and telephone calls, as well as e-newsletters and other e-mail special offers. EtoCar.com shall not be responsible for any charges incurred by you in connection with any such notifications. If you change your mind and no longer wish to receive such notifications, you may opt out at any time simply by sending us an e-mail or by clicking on the unsubscribe link in the e-newsletter.

You agree to indemnify, defend and hold harmless EtoCar.com, its affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, representatives, successors or assigns, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any of the aforementioned parties, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this Website including, but not limited to, any misrepresentations, or inaccurate or unauthentic information, provided by you.

In the event that any of these terms or provisions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.

This License as well as your access to and use of this website, shall governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law provisions. Any action against website arising from, or relating to, your access to and use of this Website and the provisions of this License must be brought by you exclusively in the state and federal courts located in Suffolk County, Commonwealth of Massachusetts. You consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Suffolk County, Commonwealth of Massachusetts, for the adjudication of all claims by website against you arising from, or relating to, your access to and use of this Website and the provisions of this License. You agree to waive any and all objections that you may have to Massachusetts law as the governing law and to the sole and exclusive venue being Suffolk County, Massachusetts. If you do not agree to these terms then you must immediately cease using this Website and its services. Your continuing to use this Website and its services will constitute your consent to these terms.

EtoCar.com’s failure to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ____EtoCar.com_______ in writing. You acknowledge and agree that you will not seek to litigate any claims against EtoCar.com or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.

Any action concerning any dispute that you may have with respect to, arising out of, or in connection with this Website must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so shall permanently bar any cause of action that you may have.

You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with this License.

This License constitutes the entire agreement between you and EtoCar.com relating to this Website and supersedes all prior or contemporaneous understandings regarding the same. No amendment to or modification of this License shall be binding unless in writing and signed by EtoCar.com.