Visitors Agreement

VISITORS AGREEMENT:

Effective Date: March 1st, 2014

Welcome to SRMOTORSONLINE.COM. In this Visitor Agreement, the terms “SRMOTORSONLINE.COM,” “we,” “us,” and “our” refer to S&R Motors and the terms “you” and “your” refer to you as a user of this website.

General Provisions

A. By using this website, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and SRMOTORSONLINE.COM; please read it carefully. When using this website, you may be subject to other posted terms and guidelines applicable to certain services available on this website. All terms and guidelines on this website, including ourPrivacy Policy, are part of this Visitor Agreement. Unless explicitly stated otherwise, any features or services available at any time on this website are subject to this Visitor Agreement. Accessing this website in any manner, even through automated means, constitutes your use of the website and your agreement to be bound by this Visitor Agreement. SRMOTORSONLINE.COM may change the terms of this Visitor Agreement from time to time and will revise the effective date when it does so. Your continued use of this website after the posted effective date constitutes your agreement to be bound by this Visitor Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. SRMOTORSONLINE.COM may change, restrict access to, suspend, or discontinue this website, or any portion thereof.

B. The material that appears on this website is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the site may, from time to time, contain errors. Our site includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this website, and you should not rely on it without independent verification.

C. We invite you to bring to our attention any materials or information on our website that you believe to be inaccurate. Please forward a copy of the materials or information to our Customer Service Manager, along with an explanation of the inaccuracies.

SRMOTORSONLINE.COM Trade-In Value Program

A. In addition to the other terms to redeem an offer that you have received through the SRMOTORSONLINE.COM Trade-In Value Program (“Trade-In Program ” or “Trade-In Page” or “Sell us your car page”): (1) your vehicle must be located in a market in which the Trade-In Program is offered; (2) you must be the registered owner of the vehicle in question; (3) you must possess a valid driver’s license or other form of valid government-issued photo ID; (4) you must not be an automobile dealer or an employee or agent of an automobile dealer; (5) the personal contact information and the information about your vehicle that you provide in response to our online questionnaire must be accurate, complete, and truthful; and (6) you must deliver your vehicle, with a valid registration and either clear and unencumbered title in your name, or complete documentation regarding any lease obligations or liens on your vehicle (including, for example, contact information for your lender or leasing company, relevant account information, and the current loan payoff amount or lease early termination fee for your vehicle) within 72 hours of the issuance of your Trade-In Value offer (“Offer”) to us ( “S&R Motors”). The S&R Motors will inspect your vehicle to confirm its condition and accuracy of the other information that you submitted about your vehicle online. Based on the results of this confirmation inspection (more information below) reported by S&R Motors, the dollar amount of your Offer may be adjusted up or down prior to redemption.

B. The Trade-In Program is not available in all areas and not all vehicles are eligible for Offers. The Trade-In Program may not be used to sell or to trade in current model year (or newer) vehicles, commercial vehicles, vehicles with a police, fire, livery or taxi history, reconstructed or salvage vehicles, vehicles without a valid Vehicle Identification Number (VIN), vehicles not originally built for the United States market or that were imported illegally or outside of official manufacturer channels (i.e., “gray market” vehicles), vehicles older than 17 model years, vehicles with altered drivelines or bodies or illegal or non-functioning emissions equipment, vehicles registered at an auto auction or offered for sale on a wholesale website within 45 days, and vehicles that we would value at less than $1,000. You may use the Trade-In Program to sell or trade in a maximum of three vehicles in any six-month period. Vehicles with an Offer value greater than $75,000 may not be accepted by S&R Motors and may require an additional inspection.

C. All requests require manual review. This manual review process usually will be completed within minutes of submitting a request but occasionally may take until the next three business days.

D. You acknowledge that if you provide us with any false, incomplete or inaccurate information, including, without limitation, vehicle information or personal contact information, your Offer will be immediately invalidated. By requesting an Offer, you agree that we, and our service providers, via any method per the contact information that you supplied, may contact you about vehicles or other products and services that may be of interest to you. By supplying a mobile number, you consent to receive calls or texts at that number, whether manually or automatically dialed, from S&R Motors. You do not have to provide us with a mobile number as a condition of obtaining an Offer.

S&R Motors Trade-In Value Program

1. Although S&R Motors is not obligated to purchase your vehicle or accept your vehicle for trade for any price other than the amount of your Offer, you are welcome to try to negotiate a more favorable price or trade-in value for your vehicle and, of course, you are always free to sell or trade-in your vehicle outside of the Trade-In Program. Though we think the Offer allows for a convenient and easy way to sell your vehicle, it may not be the best sale price or trade-in value that you could receive for your vehicle outside of the Trade-In Program.

Confirmation Inspections

1. S&R Motors will conduct a mandatory vehicle inspection free of charge to confirm the accuracy of the vehicle description and condition information that you provided to us online. This confirmation inspection may include, for example, paint thickness measurements, a road test, a mechanical inspection, and a review of vehicle history reports and disclosure statements regarding flood, salvage, or odometer discrepancies (including rollbacks), and the like. The S&R Motors will submit the results of the confirmation inspection to the Trade-In Program using the same online tool that you used to request your Offer, and we may raise or lower the dollar amount of your Offer prior to redemption based on the information revealed by the inspection. All decisions of S&R Motors regarding the condition of your vehicle will be final.

2. At the conclusion of your vehicle confirmation inspection, you can redeem your Offer, subject to any applicable post-inspection adjustments, by delivering your vehicle on the spot or by returning your vehicle to S&R Motors’ location by the end of the next business day in the same condition and with no more than 50 additional miles on the odometer. If your confirmation inspection was conducted by S&R Motors (or any inspection center that is approved by S&R Motors) and you decide to redeem your Offer by selling your vehicle, S&R Motors will issue you a check following the release of any applicable liens and lease obligations and the S&R Motors’ receipt of a clear and unencumbered vehicle title. All checks will be made payable to the vehicle owner(s) named on the vehicle title. If you elect to redeem your Offer by trading in your vehicle, S&R Motors will issue you a trade-in credit against the sale price of any vehicle available in its inventory following the release of all applicable liens and lease obligations and the receipt of a clear and unencumbered vehicle title. If you have negative equity in your vehicle (i.e., your outstanding loan balance or lease payment obligation exceeds the amount of your Offer), you will be responsible for paying the difference between the Offer and the amount needed to clear the title to your vehicle by certified check or other form of payment acceptable to S&R Motors before your transaction can be completed. If you have positive equity in your vehicle, S&R Motors will issue you a check or a trade-in credit, as applicable, for the difference between the amount needed to clear the title to your vehicle and the Offer. S&R Motors will assist you with the processing of the paperwork and payments necessary to settle your loan or lease obligations and to obtain a clear title to your vehicle. This process typically takes 10 to 14 business days following delivery of a vehicle to S&R Motors, but it could take longer in some circumstances.

3. BY REDEEMING AN OFFER, YOU AGREE NOT TO SUE S&R Motors, ITS AFFILIATES, OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF ANY VEHICLE SALE OR TRADE-IN TRANSACTION THAT YOU ENTER INTO WITH S&R MOTORS.

Third-Party Services

A.         For your convenience, we make available a variety of links to other websites that we do not operate where you can obtain automotive-related products and services, including insurance, warranties, financing, and inspection services.

B.         If you choose to purchase an inspection through a third-party website for a vehicle that you are interested in buying, remember that an inspection is not a warranty. Although inspections can be of significant value in the purchase of a pre-owned vehicle, an inspection is not a guarantee that the inspected vehicle is free from defects or that the inspectors have identified all existing defects. Before you purchase inspection services, you should confirm with the inspector the location at which the inspection will be conducted. You are responsible for coordinating and arranging the inspection. You release SRMOTORSONLINE.COM and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.

C.         Although we make available links to the websites of third-party providers of products and services, we are not responsible for the prices, terms, quality, reliability, or performance of the products or services provided by them. Your correspondence or business dealings with, or participation in the promotions of, vendors or other third parties found on or through our website, including payment and delivery of goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred as the result of such dealings with or the presence of such third parties on our website.

D.         We are not responsible for any of the content that appears on SRMOTORSONLINE.COM, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse, or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our website, or that may be accessible through a link from our website, and you release S&R Motors and our affiliates from any damages that you may incur, and agree not to assert any claims against any of them, arising from your entry, participation, or acceptance of any prize in any such sweepstakes or contest offer.

Disclaimer of Warranties, Limitation of Liability, and Indemnification

A.         IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED TO YOU “AS IS.” SRMOTORSONLINE.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THIS WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SRMOTORSONLINE.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS WEBSITE BY YOU OR ANY THIRD PARTY.

B.         UNDER NO CIRCUMSTANCES WILL SRMOTORSONLINE.COM OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF SRMOTORSONLINE.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THIS WEBSITE.

C.         SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.

$1D.         YOU AGREE TO INDEMNIFY SRMOTORSONLINE.COM AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE OR ANY BREACH OF THIS VISITOR AGREEMENT.

Notice of Copyright Infringement

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending an email to SALES@SRMOTORSONLINE.COM or by sending a notice by U.S. Mail to: SRMOTORSONLINE.COM, 22101 Mission Blvd, Hayward CA 94541, Attn: Manager/Copyright. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the SRMOTORSONLINE.COM website the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

Miscellaneous

A. We want potential buyers visiting SRMOTORSONLINE.COM to feel free to share their email addresses with those listing vehicles for sale on our website. By accessing this website, you agree not to use information concerning other users of SRMOTORSONLINE.COM, or the vehicles they have listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle.

B. This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of Georgia, without regard to its choice of laws rules. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia in all disputes arising out of or relating to this Visitor Agreement or the use of this website.

C. Please report any violations of this Visitor Agreement to our Customer Service Manager.