Terms of Use | Chug.net

Terms Of Use

The website located at Chug.net, a service operated by Chug.net Inc (collectively, the “Site”) is a vehicle listing service that provides an opportunity for sellers (“Sellers”) to advertise their vehicle, without charge, to potential buyers (“Buyers”). The following Terms of Use Agreement (the "Agreement") governs your access and use of the Site.

Acceptance of Terms

BY ACCESSING AND USING THIS SITE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:

IT IS IMPORTANT THAT YOU READ ALL OF THE TERMS AND CONDITIONS CAREFULLY AS THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CHUG.NET. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, DO NOT USE THIS SITE.

Modifications and Notices

Chug.net may be required to revise this Agreement from time to time and you agree that Chug.net may do so at any time, by updating this posting. Chug.net may revise this Agreement by means of a notice on the Site and you agree that such changes will take effect after the revised Agreement is posted on the Site. Continued use of the Site after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement. Chug.net may change, restrict access to, suspend, or discontinue this Site, or any portion of this Site, at any time.

Using the Site

Chug.net’s Expectations

Chug.net expects anyone using the Site will act and use the Site in good faith. We expect that all users of the Site, including Buyers and Sellers (collectively “Users”) will use the Site for the purpose for which it was intended. Users agree not to (i) interrupt the operation of the Site (ii) interfere with any other User’s use of the Site (iii) use the Site to harass anyone or cause anyone harm or damages.

Users of the Site further agree not to spam or scrape the Site for email addresses. Users of the Site agree to use email addresses listed only for the purpose of responding to a Listing or communicating with a Buyer or Seller about a vehicle.

Listing a Vehicle

Chug.net provides Users with the opportunity to list advertisements for vehicles (“Listings”) for free. Additionally, Sellers are able to provide as much information as they prefer and can submit ten (10) pictures per Listing. At the time of posting, the Seller will be required to set how long the Listing will run. PLEASE NOTE THAT IT WILL BE UP TO THE SELLER TO DELIST THE LISTING ONCE IT HAS BEEN SOLD. Only one vehicle can be listed per Listing.

Sellers may edit their Listing at anytime but for obvious reasons we would encourage Sellers to double-check their information before submitting their Listing. Any edits to any Listing once it has been added to our database may be seen as dishonest or suspect by potential Buyers.

In submitting a Listing, it is the Seller’s responsibility to ensure that the information contained in the Listing and any communications with a potential Buyer is accurate. Chug.net is not responsible for any inaccuracies contained in such information. We strongly encourage Sellers to ensure that they do not make misleading statements or post Listings with inaccurate statements. Chug.net’s goal is to create a site in which Users can be confident that they are obtaining accurate information.

Additionally, it is important to note that once a Seller offers a vehicle for sale through Chug.net, such Seller must be prepared to sell that vehicle at the price at which, and the terms on which the vehicle was originally listed, unless another price and terms are agreed upon between the Seller and a potential Buyer. We recommend that edits should only be made to add to the description of the information in the Listing or to reduce the listed price of the vehicle. Additionally, in order to place a Listing with Chug.net, Sellers must have possession of the actual vehicle listed and the ability to transfer title.

Dealers

Vehicle dealers who are submitting Listings must indicate in their vehicle listing that they are dealers. Chug.net does not restrict how many Listings a dealer may place on the Site or require that Dealers make any special arrangements with us.

Chug.net may distribute Dealer's inventory to its secondary network of trusted publishers to further enhance Dealer's reach in the digital marketplace and obtain key information about car shoppers' interests and shopping behaviors to unique to Dealer's inventory.

Dealers will be subject to the same terms and conditions of other Sellers and agree to be bound by this Agreement by using the Site.

Dealings with Third Party Sellers or Buyers

Chug.net is not able to verify the accuracy of information contained in a particular Listing nor does it guarantee that vehicles are as described in a Listing, fit for a particular purpose. Chug.net urges all Users to use caution, common sense and good judgement when using the Site and in communicating, negotiating, or transacting business with another party. Chug.net cannot guarantee that any or all Users of the Site are acting in good faith or that any potential Buyer or Seller will complete the deal.

Pricing and Terms of Vehicle Listings

Prices and terms of sale of vehicles are set by the Seller and all such terms may not be reflected in the Listing. Whether the price and terms set by a Seller are open to negotiation is determined by the Seller and any changes to the price and terms set on Chug.net are subject to direct negotiation between the Buyer and the Seller.

It is also important to understand the prices and terms of sale of vehicles as the prices listed by Sellers on Chug.net may not include sales tax, compliance fees such as safetying or other regulatory fees which may be in addition to the sale price of a vehicle.

As a condition of using the Site, Buyers and Sellers agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations that may apply to the transaction. In no event, shall Chug.net be considered liable or responsible for any taxes which may be incurred by either the Buyer or the Seller.

Privacy and Correspondence between Users

Chug.net is governed by a Privacy Policy located at www.chug.net/about/privacy

Chug.net only requires Sellers to provide their email address to provide other Users with an opportunity to contact a Seller regarding his/her Listing and Chug.net only publishes a Seller’s email address with the express permission of the Seller. Although Chug.net takes precautions to prevent the ripping or scraping of its Site, if a Seller requests that his/her email address be listed on the Site, Chug.net cannot guarantee that the Site will not be scraped or that the Seller will not be spammed as a result of the Seller providing such email address.

Any correspondence between the Buyer and the Seller regarding a vehicle in a Listing on the Site is between the Buyer and the Seller. Chug.net is not a party to such negotiation or correspondence and is not responsible to monitor such negotiation or correspondence. As such, Chug.net is not responsible for any damages suffered by a Buyer, Seller or User of the Site as a result of any negotiations, transactions or correspondence entered into as a result of a Listing on Chug.net, including, without limitation any damages Users may suffer including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. The Buyer and the Seller, not Chug.net, are responsible for compliance with all laws applicable in any such transaction.

No Obligation to Post Listings

Chug.net cannot monitor all Listings posted to our Site, but we reserve the right (but assume no obligation) to delete, move, or edit any Listings, without any notice or liability to the Seller, that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using Chug.net you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy Chug.net.

Chug.net reserves the right to deny use of this Site to anyone who does not comply with these requirements or who otherwise uses our Site in a manner we consider inappropriate.

No Warranty

Access to the Site and the Listings provided on the Site are provided "as is" and without warranties of any kind either express or implied. By accessing and using the Site, you acknowledge and agree that it is entirely at your own risk. The information contained within the Listings is considered to be reliable but cannot be guaranteed. Chug.net.com makes no representation or warranties regarding the Site or information supplied on the Site, including, without limitation, that the Listings will provide accurate, complete, correct, timely or suitable information, that any vehicles contained on or made available through the Site are as described, of merchantable quality or fit for a particular purpose, that Users of the Site are able to be party to legally binding contracts, that the Site will be available at all times or that the Site will be free from errors, viruses or other harmful components. Chug.net.com is not responsible for any Listings or other information on the Site or any linked site that you may find offensive, undesirable or objectionable. Further, Chug.net.com specifically disclaims any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third party information. Information contained on the Site may contain typographical or other errors. Information provided may be changed without notice. To the fullest extent permissible pursuant to applicable law, Chug.net.com disclaims all warranties, express or implied, including, but not limited to, warranties and conditions regarding use of the Site, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.

Limitation Of Liability

ALTHOUGH THE SITE MAKES EVERY REASONABLE EFFORT TO USE THE MOST SECURE FORM OF PROTECTION, WE CANNOT GUARANTEE THAT INFORMATION, INCLUDING ANY TRANSACTIONS ON THIS SITE OR ON THE INTERNET WIL BE CONFIDENTIAL AND SECURE. THE USE OF THE SITE IS AT YOUR OWN RISK AND CHUG.NET ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO YOUR USE OF THE SITE, OR THE RECEIPT, STORAGE OR TRANSMISSION OR OTHER USE OF YOUR INFORMATION.

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL CHUG.NET, ITS OFFICERS OR DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNTIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER ARISING, CAUSED, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, RELIANCE ON INFORMATION CONTAINED WITHIN THE SITE OR INABILITY TO USE, THE SITE, ANY ACCURACY, INCOMPLETENESS, OR INCORRECTNESS CONTAINED IN THE MATERIALS DISPLAYED, ACCESSED OR USED ON THE SITE, OR YOUR RELIANCE OR ACTING UPON THE MATERIALS ON THE SITE, INCLUDING, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OF PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, IN EQUITY, AT LAW OR OTHERWISE AND WHETHER OR NOT CHUG.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify and hold Chug.net, its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the law, this Agreement or the rights of another.

Links

This Site includes links to other Internet sites solely as a convenience to Users. Chug.net does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Chug.net makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the User’s own risk.

Also, any mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service.

Linking

Other websites are free to link to any Listing, or any page of the Chug.net site. We do not require that such links reference our domain name or certain aspects of the Site. We want Seller’s listings to receive as much exposure as possible. Despite allowing any type of linking to our Site, Chug.net DOES NOT ALLOW any technology to be used to rip, scrape otherwise display Chug.net’s content on any other website on the web other than Chug.net

Copyright and Trademarks

In order to display your content, you agree to grant to Chug.net a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use and exercise the copyright you have in the content submitted in a Listing, in any media.

Any use, reproduction or distribution of material or content on the Site, including caching, framing or other similar means or the use of any technology to rip, scrape, or otherwise display the content of Chug.net, is expressly prohibited. All content and material on the Site is owned by or licensed to Chug.net.

CHUG.NET is the unregistered mark of CHUG.NET Inc. Certain words, phrases, names, designs or logos on this Site may constitute trademarks, services marks, or trade names of Chug.net or others. The display of such marks on the Site does not imply that you have been granted a license by Chug.net or other entities with respect to them.

Jurisdiction

Any dispute shall be governed by Manitoba and Canadian law and adjudicated by the courts of Manitoba, Canada. In the event that a certain jurisdiction expressly prohibits a choice of law or venue clause in this type of contract, any dispute in relation to these Terms of Use shall be governed by the law applicable to the consumer.

Entire Agreement and Severability

Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions in this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.

Entire Agreement

This Agreement constitutes the entire agreement between the parties hereto and revokes and supersedes all prior agreements, written or oral, express or implied, between the parties.