Terms of Service

1. Acceptance of Terms

Welcome to Car Enthusiast Network ("CEN," "we," "us," or "our"), operated by CarTrader LLC. These Terms of Service ("Terms") govern your access to and use of our website, platform, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

We reserve the right to modify these Terms at any time. Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms.

2. Eligibility

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you:

• Are at least 18 years old and have legal capacity to enter into binding contracts
• Have not been previously suspended or removed from the Services
• Will comply with all applicable laws and regulations
• Will provide accurate, current, and complete information

3. Geographic Restrictions

Our Services are only available to users located in North America, specifically the United States, Canada, and Mexico. By using our Services, you represent and warrant that you are physically located in one of these countries. We reserve the right to restrict access from other locations and may use technical measures to enforce these geographic restrictions.

Listings must be for vehicles located within the United States, Canada, or Mexico, and all transactions must comply with applicable import/export laws and regulations if vehicles are transferred across borders within North America.

4. User Accounts and Registration

4.1 Account Creation

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violations of these Terms, fraudulent activity, or conduct that we determine is harmful to other users or our platform.

4. Platform Overview

CEN is a peer-to-peer marketplace platform that facilitates connections between automotive enthusiasts for the purpose of buying, selling, and trading vehicles. You understand and agree that:

• CEN is a platform that connects users; we are not a party to any transaction between users
• We do not own, sell, resell, or control the vehicles listed on our platform
• We are not responsible for the quality, safety, legality, or accuracy of vehicles or listings
• All transactions are between users, and users are solely responsible for their transactions
• We do not guarantee that any transaction will be completed or that users will perform their obligations

5. Vehicle Listings

5.1 Listing Requirements

When creating a vehicle listing, you agree to:

• Provide accurate, truthful, and complete information about the vehicle
• Only list vehicles that you own or have authorization to sell
• Comply with our approved vehicle categories (Enthusiast, Luxury, Classic, Project, Truck, Van, Miscellaneous)
• Include clear, unaltered photos that accurately represent the vehicle
• Disclose all known defects, damage, or issues with the vehicle
• Maintain and update your listing information as necessary
• Comply with all applicable laws, including title transfer requirements

5.2 Prohibited Listings

You may not list vehicles that:

• Are stolen, salvaged without proper disclosure, or have fraudulent titles
• Do not fall within our approved vehicle categories
• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Are misrepresented or falsely described

6. User Conduct

When using our Services, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Engage in fraudulent activity, misrepresentation, or deception
• Harass, threaten, intimidate, or harm other users
• Use the Services for any illegal purpose or to facilitate illegal activities
• Attempt to manipulate pricing, reviews, or platform features
• Impersonate any person or entity or falsely represent your affiliation
• Interfere with or disrupt the Services or servers or networks
• Use automated systems, bots, or scrapers to access the Services
• Collect or harvest personal information about other users without consent
• Circumvent any security features or access restrictions
• Use the platform to advertise or promote other services or platforms
• Post or transmit viruses, malware, or other harmful code

7. Peer-to-Peer Transactions

7.1 User Responsibility

All transactions on CEN are between users. You acknowledge and agree that:

• You are solely responsible for conducting due diligence before any transaction
• You should inspect vehicles in person, verify documentation, and obtain professional inspections
• You must comply with all applicable laws regarding vehicle purchases, sales, and title transfers
• You are responsible for arranging payment, delivery, and all transaction logistics
• CEN does not verify the accuracy of listings or the legitimacy of users
• CEN is not responsible for disputes between users or failed transactions

7.2 Safety Recommendations

For your safety, we strongly recommend that you:

• Meet in public, well-lit locations
• Bring a friend or family member to meetings
• Verify the identity of other users before transacting
• Never wire money or send payment without inspecting the vehicle
• Obtain a vehicle history report and professional inspection
• Document all communications and agreements in writing
• Report suspicious activity to us immediately

8. Fees and Payment

CEN may charge fees for certain Services or features. Any applicable fees will be clearly disclosed before you incur them. You agree to pay all fees associated with your use of the Services. We reserve the right to modify our fees at any time with notice to users.

Payment processing is handled by third-party payment processors. You agree to comply with the terms and conditions of our payment processors. We are not responsible for errors or issues with third-party payment processing.

9. User-Generated Content

9.1 Your Content

You retain ownership of any content you post to the Services, including listings, photos, descriptions, and communications ("User Content"). By posting User Content, you grant CEN a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display your User Content in connection with operating and improving the Services.

9.2 Content Standards

All User Content must comply with these Terms and applicable laws. You represent and warrant that your User Content:

• Is accurate and not misleading
• Does not infringe on any intellectual property rights
• Does not contain illegal, obscene, or offensive material
• Does not violate the privacy rights of others
• Is not spam or commercially exploitative

9.3 Content Moderation

We reserve the right, but have no obligation, to monitor, review, edit, or remove any User Content at our discretion, including content that violates these Terms or that we find objectionable. We are not responsible for User Content and do not endorse any opinions expressed by users.

10. Intellectual Property Rights

The Services and all content, features, and functionality (excluding User Content) are owned by CarTrader LLC and are protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or exploit any portion of the Services without our express written permission.

"Car Enthusiast Network," "CEN," and related logos and trademarks are the property of CarTrader LLC. You may not use these marks without our prior written consent.

11. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our Privacy Policy.

12. Third-Party Services and Links

Our Services may contain links to third-party websites or services that are not owned or controlled by CEN. We are not responsible for the content, privacy policies, or practices of third-party websites or services. You acknowledge and agree that CEN shall not be liable for any damage or loss caused by your use of third-party services.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CEN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties regarding the quality, safety, or legality of vehicles or transactions

CEN DOES NOT WARRANT OR GUARANTEE THAT ANY TRANSACTION WILL BE COMPLETED, THAT USERS ARE WHO THEY CLAIM TO BE, OR THAT LISTINGS ARE ACCURATE.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CARTRADER LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO CEN IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless CarTrader LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your User Content
• Any transaction you engage in with other users
• Your violation of any applicable laws or regulations

16. Dispute Resolution and Arbitration

16.1 Informal Dispute Resolution

Before filing a claim, you agree to contact us at info@cencars.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith for at least 30 days before proceeding to arbitration.

16.2 Binding Arbitration

Except where prohibited by law, any dispute arising out of or related to these Terms or the Services shall be resolved through binding arbitration, rather than in court. The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Salt Lake City, Utah, or another mutually agreed location.

16.3 Class Action Waiver

YOU AND CEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

16.4 Exceptions

Either party may bring a lawsuit in court solely for injunctive relief to stop unauthorized use or abuse of the Services or intellectual property infringement without first engaging in arbitration.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Salt Lake County, Utah, and you consent to the personal jurisdiction of such courts.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Services and may close your account.

19. Termination

You may terminate your account at any time by contacting us. We may terminate or suspend your access to the Services at any time, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and CEN regarding your use of the Services and supersede all prior agreements and understandings.

22. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of CEN.

23. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms without restriction. Any attempted assignment in violation of this section shall be void.

24. Contact Information

If you have questions about these Terms of Service, please contact us:

25. Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.