Privacy Policy & Terms and Conditions

Privacy Statement

Mimsautobrokers.com (“mimsautobrokers.com” or “us” or “we”) is a business of Mims., a Georgia corporation. This policy covers how Mims Auto Body, Inc. and its subsidiaries and mimsautobrokers.com (collectively, “Mims”) treats personal information that mimsautobrokers.com collects and receives, including information related to your past use of mimsautobrokers.com services. Personal information is information about you that is personally identifiable, such as your name, address, email address, or phone number, and that is not otherwise publicly available. Unless otherwise specified, this policy applies to the operations of Mims, Inc. relating to vehicles that are physically located within the United States.

This policy does not apply to the practices of companies that mimsautobrokers.com does not own or control, or to people that mimsautobrokers.com does not employ or manage.

This version of the privacy policy was last updated in February 2024. We may update this policy from time to time, and if we do so, we will upload a new version to our website.

Important Information
This website is not intended for children, and we do not knowingly collect data relating to children. When you interact with Mims as a potential direct vehicle seller, you acknowledge that you are of legal age to enter into a contract to sell your vehicle to us.

It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you. This privacy policy supplements other notices and is not intended to override them.

Information Collection and Use

Mimsautobrokers.com collects personal information when you sell a vehicle to or request a quote from mimsautobrokers.com or one of our purchase partners or affiliates.
When you request a quote or sell a vehicle to mimsautobrokers.com, we may ask for information such as your name, address, email address, phone number, zip code, and other information related to the vehicle. Once you contact us and use our services, you are not anonymous to us.
Mimsautobrokers.com collects information about your transactions with us, including information relating to vehicles you sell through us or our affiliates.
Mimsautobrokers.com automatically receives and records information on our server logs regarding your sessions on Mimsautobrokers.com websites or through the websites and related cookie information.
Mimsautobrokers.com uses information for the following general purposes: to contact you to facilitate your vehicle sale or to provide you with a vehicle quote, to facilitate the sale of your vehicle to a member of our Buyer Network, to coordinate any title transfer and ownership of the vehicle, and to comply with laws and regulations related to vehicle sales by you.

Information Sharing and Disclosure
Mimsautobrokers.com does not rent, sell, or share personal information about you with other people or nonaffiliated companies except under the following circumstances:

We provide the information to trusted partners who work on behalf of or with Mimsautobrokers.com under confidentiality agreements. These companies may use your personal information to help Mimsautobrokers.com communicate with you about offers from Mimsautobrokers.com. However, these companies do not have any independent right to share this information;
If we are unable to make an offer on your vehicle, with your consent, we provide the information to a member of our Buyer Network who may contact you to market their products or services to you. By accepting an offer from us, you agree that we may share your personal information for this purpose. If you do not want us to share your personal information with these third parties we may not be able to facilitate the sale of your vehicle;
We provide the information in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, or upon receipt of a request from law enforcement;
We transfer information about you to Mims and any other affiliates as necessary for title transfer processing, and to any state and federal regulatory agencies as required by law.

Cookies and Web Beacons
We may place a text file called a “cookie” in the browser files of your computer, tablet, mobile or handheld device, or any other access device (each an “Access Device”). The cookie itself does not contain personal information although it will enable us to relate your use of this website to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other websites. Mimsautobrokers.com may use cookies to track user traffic patterns (as described above). In addition, Mimsautobrokers.com uses encrypted cookies to authenticate the user on each page after the user logs onto the website. You can refuse cookies by turning them off in your browser or through the appropriate “settings” icon of certain Access Devices. If you’ve set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. Some Mimsautobrokers.com features and services may not function properly if your cookies are disabled.

Our website may contain electronic images known as Web Beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site and services are used. Web Beacons may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns. Our website may also contain Web Beacons that are set by our third-party partners. Web Beacons are used along with cookies enabling our partners to compile aggregated statistics to analyze how our site is used. We use a third party to gather information about how you and others use our website. For example, we will know how many users access a specific page and which links they clicked on. We use this aggregated information to understand and optimize how our site is used.

Third-Party Websites
Our website may include links to other websites whose privacy policies may differ from ours. If you submit personal information to any of these websites, your information is governed by their privacy policies. We encourage you to read the privacy policies of any website you visit.

Confidentiality and Security
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.

If Mimsautobrokers.com learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this website or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this website. Mimsautobrokers.com may post a notice on our website if a security breach occurs. Mimsautobrokers.com may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at @mimsautobrokers@gmail.com. Mimsautobrokers.com takes your security seriously and takes reasonable steps to protect your information. No data transmission over the Internet or information storage technology can be guaranteed to be 100% secure. The following is a summary of the measures Mimsautobrokers.com takes to protect your information and descriptions of ways we implement these measures for different types of information you may provide to us:

Secure Socket Layer (SSL) – Mimsautobrokers.com uses SSL (Secure Socket Layer) encryption when transmitting certain kinds of information, such as financial services information or payment information. An icon resembling a padlock is displayed on the bottom of most browsers window during SSL transactions that involve credit cards and other forms of payment. Any time Mimsautobrokers.com asks you for a credit card number for payment or for verification purposes, it will be SSL encrypted. The information you provide will be stored securely on our servers. Once you choose to store or enter your credit card number on Mimsautobrokers.com, it will not be displayed back to you in its entirety when you retrieve or edit it in the future. Instead of the entire number, you will only see asterisks and either the first four digits or the last four digits of your number.
Vendors and Partners – Mimsautobrokers.com works with vendors and partners to protect the security and privacy of user information.
Employee and Contractor Access to Information – Mimsautobrokers.com limits access to personal information about you to those employees who we reasonably believe need to come into contact with that information to provide products or services to you or in order to do their jobs.
Education and Training for Employees – Mimsautobrokers.com has implemented a company-wide education and training program about security that is required of every Mimsautobrokers.com employee.

Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CCPA’s scope, like:

- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the - California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

CALIFORNIA PRIVACY DISCLOSURE
This “California Privacy Disclosure” supplements the Privacy Policy and contains the disclosures required under the California Consumer Privacy Act (“CCPA”). For individuals who are California residents, the CCPA requires certain disclosures about the categories of personal information we collect and how we use it, the categories of sources from whom we collect personal information, and the third parties with whom we share it.

Use of Personal Information We Collect
We may use or disclose the personal information we collect for one or more of the following business purposes:

To purchase a vehicle from you.
To provide you with information, products or services that you request from us.
To facilitate a direct vehicle sell between you and a member of our Buyer Network at your request.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
As necessary or appropriate to protect the rights, property or safety of us, our Buyer Network or others.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Personal Information Sharing and Disclosure
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers

Category B: California Customer Records personal information categories.

Category F: Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties:

Our affiliates.
Service providers.
Members of our buyer network to whom you or your agents authorize us to disclose your personal information in connection with products or service you request.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Calling us at 404-767-1500
Emailing us at mimsautobrokers.com

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.

Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information
If you have any questions or comments about this notice, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: Mimsautobrokers.com

Postal Address: Mims Auto Brokers

Attn: Data Protection Officer
4854 Old National Hwy Ste. 222

Atlanta, GA 30337

Terms & Conditions

Last Updated: April 4, 2024

Please read these terms and conditions ("Terms") carefully before using the Mimsautobrokers.com website (“Site”). By accessing, browsing, or using this Site, you are subject to, and indicate your agreement and acceptance of these Terms. If you do not accept these Terms, do not use this Site.

This website is owned and operated by Mims Auto Body Repair., a Georgia corporation (hereinafter “We”, “Our”, “Us”). These Terms apply to anyone who visits, submits information to, or otherwise uses the Site (collectively “Users”). If you do not agree to be bound by these Terms, do not access the Site or use its services (“Services”).

About Mimsautobrokers.com

The Mimsautobrokers.com mission is to help you sell your unwanted vehicle fast. Through our Site, you can submit information about your vehicle to receive a no-obligation offer. By you entering the required information about your vehicle on the Site, an “As Is” offer will be presented to you based on the information that you provide to Us. Not all vehicles will receive offers due to various factors including, but not limited to, the vehicle’s age or damage. Offers to purchase may be made by Us or by our network of buyers (individually may be referred to as a “Buyer”, or collectively as “Buyers” or “Buyer Network”) and these Terms apply to all such offers.

Eligibility Limitations

Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering these Services, no solicitation is made by Us to any person to use the Site or Services in jurisdictions where the provision Our Site or Services are prohibited by law. If you are not at least 18 years old, please do not use our Site.

Mimsautobrokers.com Services

The Site provides you with the opportunity to submit information about your vehicle and receive an offer from Us, or from a member of our Buyer Network, to purchase your vehicle from you. Offers are only good for a limited time. We, and our Buyers reserve the right to withdraw or modify offers to you for any reason, at any time before you receive payment. You can accept an offer either by clicking on the “Accept Offer Now” button on the Site, by text message, or by verbally communicating the acceptance of the offer to one of our representatives. Offers made by Us or our Buyers are contingent on you having a negotiable title in the name of the legal seller, and your compliance with the rest of these Terms. We, and our Buyers reserve the right to rescind offers and cancel the sale, at any time, if we discover any of the following, including but not limited to: (i) seller does not provide a negotiable title at time of vehicle pickup, (ii) the vehicle is missing major components, and/or (iii) the vehicle has additional damages that were not disclosed to us before an offer was made.

You agree that the sale of a vehicle is final, and ownership of the vehicle passes to Us or a member of our Buyer Network once payment is made to you.

Payment Methods

Payment may be made by cash, corporate check, Venmo, PayPal, or Zelle when We, the member of our Buyer Network, or an authorized service picks up your vehicle.

User’s Responsibilities and Acknowledgements

As a Site User you are obligated to read these Terms and our Privacy Policy before you utilize our Services or provide any information to Us. You agree to read and be bound to these Terms and the Privacy Policy. You represent and warrant that:

(a) you are not under the age of eighteen (18);

(b) you are the true and lawful owner of the vehicle;

(c) all vehicle information submitted through the Site, including but not limited to, ownership information, lien information, mileage, equipment, vehicle condition, and all personal identification and contact information provided by you are truthful, accurate, and complete;

(d) the VIN numbers have not been tampered with; and (e) the title is free and clear of any liens unless We have been notified in advance of such lien(s) and have agreed to discharge the lien(s) as part of the offer. In the event, that an offer made to you is from a member of our Buyer Network, you acknowledge that your information will be provided to the Buyer, and that all resulting negotiations, contractual dealings, and responsibility for the potential or completed transaction are solely between you and the Buyer.

Personal Belongings

Once you have accepted an offer, please remove all belongings from your vehicle. You are solely responsible for any belongings left in your vehicle. We, nor our Buyer Network will be responsible for any of your belongings once the vehicle leaves your possession.

Restricted Activities

You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality, or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information provided on the Site or directly to Us shall not:

(a) be false, inaccurate, or misleading;

(b) fraudulent;

(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

(d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

(f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and

(g) create liability for Us or cause Us to lose (in whole or in part) the services of our internet service provider or other suppliers.

Access and Interference You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that We, in our sole discretion, believe imposes an unreasonably large load on Our servers; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content without the prior expressed written permission from Us and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures We may use to prevent or restrict access to the Site.

Breach

Without limiting other remedies, We may terminate the Services, or temporarily suspend, indefinitely suspend, or terminate your account and refuse to provide Our services to you if, within Our sole and independent judgment:

(a) you breach, or We anticipate that you are about to breach, these Terms or any policies these Terms incorporate by reference;

(b) We are unable to verify or authenticate any information you provide to Us or believe in good faith that you may have engaged in fraudulent activity related to the vehicle or any transaction with Us; or

(c) we believe in Our sole opinion that your actions may cause financial loss or legal liability for you, our Buyer Network, or Us. We may also terminate the Services, at any time, with or without cause.

Privacy

We only use your information as described in our Privacy Policy and these Terms. Our current Privacy Policy is available at https://www.mimsautobrokers.com/privacy-policy/. We encourage you to check the Privacy Policy periodically for updates.

Links to Third Party Sites

You acknowledge that, at any given time, the Site may include links to third party websites. Additionally, We may display advertisements from third parties, and links to the websites of third parties. We are not responsible for the content of such third party websites or any links, services, or other materials relating to such website or advertisement, or any linked site, or any link contained in a linked site. The display of any link does not imply Our endorsement of any linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE, LOSS, OR FAILURE OF A DONATION ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINK DISPLAYED ON THE SITE, OR ANY SERVICES OR OTHER MATERIALS RELATING TO ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Intellectual Property

The Site contains intellectual property that is protected by the laws of the United States and international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws. By providing information and content to the Site, you hereby grant Us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the information and content in connection with the Site and business (its successors' and affiliates'), including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

c. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
e. NEITHER WE, NOR ANY INTERNET ACCESS PROVIDERS ARE RESPONSIBLE FOR INCORRECT OR INACCURATE ENTRY OF INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTIONS, LOST/DELAYED DATA TRANSMISSION, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURES OF ANY TELEPHONE NETWORK, COMPUTER EQUIPMENT, SOFTWARE OF ANY COMBINATION THEREOF, OR INABILITY TO ACCESS THE SITE.

Limitation of Liability

IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, INCLUDING THE CONTENT, 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, CONTENT, AND SERVICES PROVIDED BY THIS SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF BUSINESS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE SERVICE;

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION CONTENT OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR

(iv) ANY OTHER MATTERS RELATING TO THE SERVICE.

SHOULD YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS, YOU HEREBY RELEASE US, AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES OR REPRESENTATIVES FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF, OR IN ANY WAY, CONNECTED WITH SUCH DISPUTES.

Indemnity

You agree to indemnify, and hold Us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party, including but not limited to

(i) any actions or activities of our Buyer Network, referred to you through the Site or by Us, or

(ii) your violation of these Terms or your use of the Site in violation of these Terms, or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, but not the obligation, 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 claim or matter without the written consent from Us. You further agree to indemnify and hold Us harmless from any claim arising from a third party's use of information or materials of any kind that you submit to the Site.

Dispute Resolution

These Terms and the relationship between you and Us shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, in the state of Texas. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. You agree, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General Release

IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, OR BETWEEN YOU AND A MEMBER OF OUR BUYER NETWORK, YOU AGREE TO RELEASE US, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY US.

Licenses

We grant a limited license to each User to make personal use of the Site in accordance with these Terms. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software, or routine that may interfere with the operation of the Site.

Waiver

Our failure to enforce any of Our rights under these Terms shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

Right to Change these Terms

We reserve the right to change any of the terms and conditions contained in these Terms, or any policies or guidelines governing the Site or Services, at any time and in Our sole and independent discretion. Any changes will be effective upon the posting of the changes to the Site. You are responsible for periodically reviewing the changes. Your continued use of this Site and the Services following the posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these Terms, do not continue to use the Services or this Site.

Contact Us

You agree that you will notify Us in writing of any claim or dispute concerning or relating to the Site and the information or Services provided by it. You agree to give Us a reasonable period of time to address the claim or dispute before bringing any legal action.