This website is controlled and operated by OnceDriven.com from offices within the United States. OnceDriven.com makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
1. USER CONDUCT
You are authorized by OnceDriven.com to access and use the services, including the information on this website, solely for your personal, non-commercial use. You agree not to: 1) post any obscene, misleading, or illegal material on this site, or any other material that infringes on the rights of others; 2) you may not use the service for advertising or promotional materials or any other forms of solicitation; 3) transmit junk mail, unsolicited mass mailings, or spam to OnceDriven.com users or others; 4) use Once Driven.com’s information to advertise or promote products or services; 5) use any device (whether automatic or manual), including, but not limited to, data mining, robots or similar data gathering or extraction tools or processes, to monitor or copy Once Driven.com pages or other information or for any other unauthorized purpose, 6) to reproduce or circumvent the navigational structure or presentation of this website or its content; 7) link to any page other than the home page without written permission (Once Driven.com reserves the right to reject or terminate any links); 8) modify the site in any way, including for the purpose of obtaining unauthorized access to the services; 9) access the services by any means other than through the interface that is provided by OnceDriven.com; 10) use the services, including this website, for any unlawful purpose.
You may be required to register in order to access certain services on this site. You must maintain the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify OnceDriven.com in writing of any unauthorized use of your password or account, or any breach of security for that matter, and exit out when you are done with each session. OnceDriven.com is not liable for any loss or damage arising from your failure to comply with this section.
OnceDriven.com reserves the right to deny use of the site to anyone who does not comply with these Terms or who otherwise uses the site in a manner we consider inappropriate.
If you list a vehicle for sale on this site, the following additional terms apply: 1) you must be ready to sell the vehicle listed pursuant to the terms of your advertisement; 2) you must possess the vehicle listed and be able to legally transfer the title of the vehicle advertised; 3) provide accurate contact information so buyers can communicate directly with you; 4) you represent that you are not a motor vehicle dealer, 5) you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer; 6) you alone are responsible for any sale or purchase transaction you engage in; 7) you agree to use any contact information of those responding to your listing only for purposes of communicating with them about the potential sale of that vehicle; 8) OnceDriven.com cannot protect you from potential fraud or other misconduct or assure you that a buyer will supply good funds.
If you wish to purchase a vehicle on this site, the following additional terms apply: 1) information about a particular vehicle is supplied by the seller only; 2) OnceDriven.com plays no role in the negotiation between buyer and seller; 3) OnceDriven.com does not verify the information that sellers supply, nor guarantee the vehicles they offer; 4) OnceDriven.com cannot assure you that a seller has good title to the vehicle listed; 5) OnceDriven.com does not guarantee that a vehicle listed for sale is available, as it may already have been sold; 6) you agree not to use information concerning other users of the site, nor the vehicles they have listed or searched for or otherwise expressed an interest in, for any purpose other than in connection with the potential purchase of a listed vehicle.
2. TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY
OnceDriven.com and all of its contents, including, but not limited to, text, photographs, images, illustrations, graphics, services and other software (collectively "Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by OnceDriven.com or the party credited as the provider of Intellectual Property. Additionally, OnceDriven.com itself is protected by copyright as a collective work and or compilation. You agree that OnceDriven.com’s trademark, trade name, service mark, logo, and brand feature are trademarks and the property of OnceDriven.com, and that you will not make trademark use of or otherwise misappropriate any of the foregoing without OnceDriven.com's prior written approval. Third party names and marks used on OnceDriven.com are the property of their respective owners. OnceDriven.com's identification and display of third party names and marks (e.g. vehicle manufacturers) does not imply any endorsement by, affiliation with, or sponsorship by any third party, and OnceDriven.com explicitly disclaims any such endorsement, affiliation, or sponsorship.
You may not copy, transmit, display, distribute, download, license, decompile, modify, publish, enter into a database, post, perform, reproduce, use, sell, reverse engineer, use to create a derivative work, disassemble or otherwise exploit the information and materials displayed on this site, or OnceDriven.com itself, in whole or part, for commercial or public purposes, without OnceDriven.com’s express prior written consent.
By posting material on our site or communicating with us, you hereby grant to us the royalty-free, perpetual, irrevocable, non-exclusive, fully transferable, fully sublicensable right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software, or technology of any kind now existing or developed in the future and to use the material commercially. You further grant us the right to use your name in connection with the reproduction or distribution of such material.
You may browse OnceDriven.com and download one copy of occasional materials appearing on OnceDriven.com that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark, and other notices contained in this one personal copy. You may not save or archive a significant portion of the material appearing on this Site.
While you agree that OnceDriven.com will not be liable for third-party content posted on the site, OnceDriven.com reserves the right to remove or edit any material that it deems, in its sole discretion, to violate these Terms, or the rights of OnceDriven.com or any third-party; or to be otherwise unacceptable, without notice at any time and without liability and without providing a refund.
INTELLECTUAL PROPERTY COMPLAINTS
It is OnceDriven.com’s policy to respond to claims of intellectual property infringement. If you believe your intellectual property rights have been infringed on OnceDriven.com, please contact us at:
Attn: Copyright Agent
312 2nd St, Suite 3
Roanoke, Virginia 24011
Phone: (888) 941-6515
From time to time OnceDriven.com may modify these Terms, and such modifications shall be effective upon posting by OnceDriven.com on this website. Your continued use of the service after OnceDriven.com posts revised Terms signifies your acceptance of the revised Terms. Only OnceDriven.com may amend these terms.
4. RIGHT TO TERMINATE ACCESS AND TO CHANGE THE SERVICES
OnceDriven.com reserves the right to deny use of, or access to, OnceDriven.com to you and/or anyone for any or no reason. If OnceDriven.com determines that you have not complied with any part of these Terms, it may terminate your access to OnceDriven.com and any services provided by OnceDriven.com and you will not be entitled to a refund. You agree that monetary damages may not be sufficient when you violate these Terms, and you consent to injunctive or other equitable relief without the requirement that OnceDriven.com post a bond. Any termination removes your authorization to access or use OnceDriven.com and requires you to destroy all electronic or other materials and copies of such materials obtained from OnceDriven.com. However, in the event of termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. OnceDriven.com also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that OnceDriven.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services (or any part thereof).
5. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
ONCEDRIVEN.COM, AND ALL ITS CONTENTS (INCLUDING, BUT NOT LIMITED TO, CLASSIFIED ADS AND ANY GOODS OR SERVICES ADVERTISED ON OR SOLD THROUGH THIS WEBSITE) ARE PROVIDED TO YOU "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. ONCEDRIVEN.COM DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION OF ANY KIND FOUND ON ONCEDRIVEN.COM. IN PARTICULAR, ONCEDRIVEN.COM DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION CONTAINED IN ANY CLASSIFIED ADVERTISEMENT APPEARING ON ONCEDRIVEN.COM. THE ADS ON ONCEDRIVEN.COM ARE PROVIDED BY THE SELLER AND NOT ONCEDRIVEN.COM. ALL TRANSACTIONS ARE BETWEEN THE BUYER AND SELLER, NOT THE BUYER AND ONCEDRIVEN.COM. ANY VEHICLE OR PRODUCT DESCRIBED ON THIS SITE IS SOLD "AS IS", WITH ALL ITS FAULTS AND BENEFITS. IF YOU ARE UNSURE ABOUT YOUR PURCHASE OR SALE, YOUA RE ADVISED TO SEEK THE ADVICE OF COMPETENT LEGAL, ACCOUNTING, AND MECHANICAL COUNSELING BEFORE YOU SIGN A CONTRACT. YOUR RELIANCE ON ANY INFORMATION FOUND ON ONCEDRIVEN.COM IS AT YOUR OWN RISK. ONCEDRIVEN.COM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOU WILL SELL YOUR VEHICLE, SELL IT FOR A CERTAIN PRICE, RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
ONCEDRIVEN.COM, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ANY OTHERS INVOLVED IN CREATING ONCEDRIVEN.COM AND ITS CONTENTS (COLLECTIVELY “ONCEDRIVEN.COM ENTITIES”) ARE NOT LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING ONCEDRIVEN.COM, INCLUDING, BUT NOT LIMITED TO, ONCEDRIVEN.COM'S NEGLIGENCE, YOUR ACCESS TO AND USE OF ONCEDRIVEN.COM, THE UNAVAILABILITY OF ONCEDRIVEN.COM, ERRORS OR INACCURACIES CONTAINED ON ONCEDRIVEN.COM, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF ONCEDRIVEN.COM, EVEN IF YOU HAVE ADVISED ONCEDRIVEN.COM IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST ONCEDRIVEN.COM ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
ONCEDRIVEN.COM ENTITIES’ LIABILITY TO YOU OR ANY THIRD PARTIES, IF ANY, ARISING OUT OF THE SERVICE OR RELATED IN ANY WAY TO THE SERVICE, SITE, OR LINKED SITES, IS LIMITED TO THE GREATER OF THE PRICE YOU PAID FOR THE SERVICE, OR $80.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OnceDriven.com Entities are not responsible for, or liable for, any damage, including damage caused by viruses, to your computer, computer system, or other property, during or on account of access or use of the OnceDriven.com or any sites to which the OnceDriven.com provides hyperlinks.
You agree to indemnify, defend, and hold harmless OnceDriven.com Entities from and against any and all claims, actions, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of your breach of any provision of these Terms or any warranty you provide herein, or otherwise arising in any way out of your use of or postings to OnceDriven.com, or as a result of your purchasing or using the services of third party web service providers with links on our site. You are solely responsible for defending any claim against OnceDriven Entities, subject to such OnceDriven Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all claims against a OnceDriven Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a OnceDriven Entity without its prior express written consent.
7. CHOICE OF LAW; VENUE; CLASS ACTION WAIVER
The Terms and the relationship between you and OnceDriven.com are governed by the laws of the State of Virginia without regard to its conflict/choice of law provisions, and any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and OnceDriven.com, shall be brought exclusively in the state or federal courts located in ________ County, Virginia. You and OnceDriven.com waive any and all objections to the exercise of jurisdiction over the parties by such courts and venue in such courts.
Any claim against any of the OnceDriven.com Entities shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party. As such, you agree that you waive any right to participation as a plaintiff or a class member in a class action lawsuit against any of the OnceDriven.com Entities. You may not be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. You agree to file any cause of action arising out of or related to the use of these Terms, services and/or website in __________, Virginia within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If a court deems any part of these Terms invalid, the remaining parts shall remain in full force and effect.
If you have comments regarding OnceDriven.com or these Terms, you may send them via e-mail to web@OnceDriven.com. You must send any official correspondence via postal mail to: OnceDriven.com, Attn: Legal Dept., P.O. Box 1280, Virginia 24006.