99 Drive, LLC TERMS OF SERVICE
Last Revised: 14 February 2022
CUSTOMERS WITH DISABILITIES
FOR CUSTOMER SERVICE INQUIRIES RELATING TO CUSTOMERS WITH DISABILITIES, INCLUDING ASSISTANCE WITH THE INFORMATION INCLUDED ON OUR WEBSITE, PLEASE CALL (925) 414-3699 OR EMAIL US AT SUPPORT@99DRIVE.COM.
Welcome to 99 Drive
Welcome to 99drive.com, a website (“Site”), owned and operated by 99 Drive, LLC, a Delaware limited liability company, or one of its affiliates or subsidiaries (collectively referred to herein, as “99 Drive”, “Company”, “us”, “our” or “we”).
The terms and conditions set forth in these Terms of Service govern the services, features, activities and products available at or through the Site (collectively, “Services") and constitute a legally binding agreement respecting your use of the Site and the Services.
99 DRIVE OPERATES A WEB-BASED SERVICE THAT FACILITATES VEHICLE SALES DIRECTLY BETWEEN PRIVATE AUTOMOBILE SELLERS AND AUTOMOBILE DEALERSHIPS. OUR SERVICES ARE EXPRESSLY LIMITED TO CONNECTING AUTOMOBILE DEALERS WITH PRIVATE SELLERS. WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN DEALERS AND SELLERS THAT ORIGINATES ON OR THROUGH THE SITE.
1. Your Agreement
Your use of the Site, including, but not limited to, visiting and/or browsing the Site and/or using the Services, confirms your unconditional agreement to be bound by these Terms and your use is subject to your continued compliance with these Terms. If you do not agree to be bound by these Terms, you may not access or otherwise use Site and/or the Services.
All Services available at any time on this Site are subject to these Terms.
WE RESERVE THE RIGHT TO AMEND OR REVISE THESE TERMS AT ANY TIME. YOUR CONTINUED ACCESS AND USE OF THE SITE FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL BE DEEMED YOUR ACCEPTANCE OF AMENDED OR REVISED TERMS.
WE MAY ALSO CHANGE THE FORMAT AND CONTENT OF THE SITE FROM TIME TO TIME, AND/OR RESTRICT ACCESS TO, SUSPEND, OR DISCONTINUE THE SITE, OR ANY PORTION THEREOF, ALL AT OUR SOLE DISCRETION.
3. Electronic Communications
Visiting the Site or sending emails to 99 Drive constitutes electronic communications. You consent to receive electronic communications from us, as well as from Dealers and other third parties, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
4. Children Under Thirteen
The Site and Services are intended solely for users eighteen (18) years of age and older. You represent and warrant either that you are (i) eighteen (18) years of age or older, or (ii) if you are under the age of eighteen (18), that you are at least thirteen (13) and are accessing the Site and Services with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to these Terms.
99 Drive does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under eighteen (18), you may use 99drive.com only with permission of a parent or guardian.
5. Access to the Site/Your Account
It is your responsibility to ensure that your computer equipment (computer, laptop, netbook, tablet or other mobile device) is compatible with and meets all the necessary technical specifications to enable you to access and use the Site and/or the Services.
Furthermore, you are solely responsible for the accuracy of all registration details you provide. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you agree to treat such information as confidential and not to reveal such information, or any portion thereof, to anyone else.
You are responsible for all activities that occur under your log-on ID and agree to immediately notify us of any unauthorized use or other security breach of which you become aware. In furtherance hereof and without limitation, you agree not to assign or otherwise transfer your account to any other person or entity.
We reserve the right to disable any log-on ID, at any time, if, in our sole opinion, you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false.
You acknowledge and agree that 99 Drive is not responsible for third party access to your account, whether such access results from theft or misappropriation of your account or otherwise.
We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Furthermore, we may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site and/or the Services, to users who have registered with us.
You may use the Site only in accordance with these Terms. In furtherance hereof and without limitation, you agree that you will only use the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might (i) damage, disable, overburden, or impair the Site, (ii) interfere with any other party's use and enjoyment of the Site, and/or (iii) damage our name or reputation or that of any of our affiliates. You further agree that you will not (i) “scrape” content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site; (ii) remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or (iii) create links to the Site from any other website.
7. Listing Your Vehicle
Selling a vehicle on 99drive.com is only available to private parties. By using 99drive.com to sell your vehicle as a private seller, you represent that you are at least 18 years of age, that you are not a motor vehicle dealer, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and that neither you nor anyone acting on your behalf will list more than five (5) vehicles for sale simultaneously.
In order for you to offer a vehicle for sale through our Instant Offer service, you must (i) be prepared to sell your vehicle if you agree with the dealer on price, (ii) have physical possession of the actual vehicle listed, and (iii) have the legal right and ability to transfer title.
To list a vehicle for sale on the Site, sellers are required to provide certain identifying and contact information, which information must accurately identify the seller and the method of contact must permit Registered Dealers, defined below, to communicate directly with the seller.
As a seller on 99 Drive, you may not charge any Dealer or other potential buyer for information about any vehicle listed for sale on the Site, nor may you use the Site to promote any other website, product or service.
Any seller who wishes to list more than five (5) vehicles simultaneously on the Site, and any commercial dealer wishing to list any vehicle, must obtain the prior written permission of 99 Drive, exerciserable by 99 Drive in its sole discretion, in each instance.
Each seller is solely responsible for the information contained in each listing. You, as a seller, are solely responsible for the material you post, including listing information and photos of your vehicle, as well as for the content of all email messages you transmit through the Site. By listing a vehicle for sale on 99drive.com, you agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle and for no other purpose.
PLEASE MAKING SURE THAT THE INFORMATION YOU SUPPLY IS ACCURATE AND THAT, IN ALL RESPECTS, YOU TREAT OTHER USERS OF 99DRIVE.COM FAIRLY AND HONORABLY.
99 DRIVE DOES NOT MONITOR TRANSACTIONS BETWEEN SELLERS AND REGISTERED DEALERS. AS A SELLER, YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH REGISTERED DEALERS AND IN THE EVENT OF ANY ISSUES WITH A REGISTERED DEALER, YOU SHOULD CONSULT YOUR OWN ADVISERS AS TO HOW TO PROCEED.
8. For Dealers: Buying Vehicles
Dealers who are interested in connecting with sellers will be required to qualify and register with 99 Drive, which qualification and registration will include execution by the dealer of that “Dealer Agreement” provided by 99 Drive. (Dealers who have qualified and registered with 99 Drive are referred to herein as “Registered Dealers”.)
The services provided by 99 Drive are limited solely to connecting Registered Dealers with private party sellers.
All Dealers acknowledge and agree that the prices listed by sellers on the Site do not include taxes, finance charges, title, license, regulatory, dealer documentary, emission testing, and compliance fees.
Registered Dealers are responsible for confirming, directly with the seller, all information deemed relevant by the Registered Dealer respecting the subject vehicle, prior to any purchase of the vehicle by the Registered Dealer.
99 DRIVE IS NOT RESPONSIBLE FOR, AND DOES NOT GUARANTEE ANY INFORMATION REGARDING ANY VEHICLES LISTED ON THE SITE BY ANY SELLER OR OTHERWISE. DEALERS ARE SOLELY RESPONSIBLE TO THOROUGHLY INVESTIGATE ALL SELLER VEHICLES PROVIDED BY 99 DRIVE.
9. Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of 99 Drive and 99 Drive is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. 99 Drive is providing these Linked Sites to you only as a convenience and the inclusion of any Linked Site on the Site does not imply any endorsement by 99 Drive of the Linked Site or any association with its operators.
In addition, certain services may be made available via the Site which are delivered by third party sites and organizations. By using any product, service or functionality originating from the 99drive.com domain, you hereby consent to the sharing by 99 Drive of any such information and data with any third party with whom 99 Drive has a contractual relationship to provide the requested product, service or functionality on behalf of 99drive.com users and customers.
10. Intellectual Property
11. Use of Communication Services
BY USING THE SITE AND/OR THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD 99 DRIVE AND ITS PARENT, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE MANAGERS, MEMBERS, EMPLOYEES, OWNERS, OFFICERS AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF THESE TERMS OR ANY LAW, YOUR USE OF THE SITE AND/OR THE SERVICES, INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, MOBILE DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON, ANY MISREPRESENTATION MADE BY YOU, AND/OR 99 DRIVE’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN 99 DRIVE’S DEFENSE OF ANY CLAIM OF ANY THIRD PARTY ARISING UNDER THESE TERMS. 99 DRIVE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF 99 DRIVE.
18. Class Action Waiver
19. Waiver of Jury Trial
You expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section 19 of these Terms is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
To the fullest extent permissible by governing law, we each hereby waive our respective right to a jury trial of any claim or cause of action based on or arising out of the Site, the Services and/or these Terms. You acknowledge and agree that that 99 Drive is relying on this waiver in allowing you to utilize the Site and/or the Services and that will continue to rely on this waiver in their future dealings with you.
You hereby represent and warrant that you have knowingly and voluntarily waived your jury trial rights following consultation with legal counsel.
You agree that this paragraph constitutes a written consent to waiver of trial by jury within the meaning of California Code of Civil Procedure Section 631(d)(2) and hereby authorize us to file these Terms with the clerk or judge of any court of competent jurisdiction as a written consent to waiver of jury trial.
20. Liability Disclaimer
TO THE FULLEST EXTENT ALLOWABLE UNDER GOVERNING LAW, YOU AGREE THAT 99 DRIVE AND ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OWNERS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH (i) THE SITE , (ii) THE SERVICES, AND/OR (iii) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE AND/OR SERVICES, EVEN IF 99 DRIVE OR OTHER RELEASED PARTY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 99 DRIVE’S AND/OR ANY OTHER RELEASED PARTIES LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND DOLLARS ($1000) AND IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND US AT THE TIME YOU UTILIZE THE SITE AND/OR THE SERVICES.
BY USING THE SITE AND/OR THE SERVICES AND THEREBY AGREEING TO THESE TERMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Our employees are not authorized to vary the terms of these Terms. These Terms may be modified only (A) by obtaining our written consent in a notarized agreement signed by a Manager and/or officer of 99 Drive; or (B) as set forth in the next paragraph.
You agree that we may modify the terms of these Terms from time to time, and that your right to access the Site and the Services is conditioned on an ongoing basis with your compliance with the then-current version of these Terms. We will notify you of any material revisions or modifications to these Terms by: (1) posting a notice on the Site for thirty (30) days following any revisions or modifications to these Terms and/or by posting a notice on the Site the first time that you visit the Site following such revisions or modifications; or (2) through a direct communication to you by email, if you have provided an email address to us. If you have not already done so, please register the appropriate email address at http://99drive.com. You will be deemed to have agreed to the new terms and conditions if you continue to access the Site and/or the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on the Site (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to these Terms, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications.
23. Changes to Terms
99 Drive reserves the right, in its sole discretion, to change these Terms. The most current version of the Terms will supersede all previous versions.
24. Reservation of Rights
Any and all rights not expressly granted to you in these Terms are hereby reserved by 99 Drive.
You may not transfer or assign any or all of your rights or obligations which may arise under these Terms. Subject to the preceding sentence, these Terms are binding upon each of our respective heirs, devisees, executors, personal representatives, administrators, successors and assigns. No waiver of any provision of these Terms and/or your rights or obligations shall be effective, except pursuant to a written instrument signed by 99 Drive and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. To the maximum extent permitted by law, these Terms are governed by the laws of the State of California and to the extent required, you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site and/or Services. Use of the Site and/or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this Section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 99 Drive as a result of these Terms or use of the Site. 99 Drive's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of 99 Drive's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by 99 Drive with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
The laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to this Website, the Services and/or the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the State and Federal Courts of California located in San Francisco with respect to any claim arising out of, under and/or in connection with such matters and/or any transactions with 99 Drive. You agree that personal jurisdiction over you may be effected by service of process by registered or certified mail at the most recent address provided by you to 99 Drive and that when so made, shall be as served personally upon you within the State of California. If any provision of these Terms is determined by any court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision will be enforced to the maximum extent possible given the intent of the parties hereto. If such clause or provision cannot be so enforced, such provision shall be stricken from these Terms and the remainder of these Terms will be enforced as if such invalid, illegal or unenforceable clause or provision had (to the extent not enforceable) never been contained in these Terms. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
26. Statute of Limitations
You agree that any claim, demand, or cause of action arising out of or related to the Service or your access or visit to the Site or these Terms (“Claim”) must be filed by you within one (1) year after such Claim arises. If you fail to file such Claim within such one year period, you agree that your Claim will be forever barred.
27. Severability and Integration
28. Governing Law.
This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of California.
29. Entire Agreement.
29. Contact Us
99 Drive welcomes your questions or comments regarding the Terms:
Email Address: email@example.com