Blinker is a vehicle listing and information service that brings together buyers and sellers. BLINKER IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SERVICE.
Although Blinker is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Service, Blinker offers other ancillary products and services including, but not limited to, vehicle financing, service contracts, mechanical breakdown insurance, vehicle registration/titling, and vehicle transfer escrow services. Not all ancillary products and services are available in every state. We have the unrestricted right to sub-contract and/or assign the performance/fulfillment of any of the products and services we offer to third party providers of our choice.
We may make changes to these Terms from time to time. When we do, we will revise the “effective” date given above. While we may, from time to time, alert you to changes in the Terms, it is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Service after such changes have been published to our Service will constitute your acceptance of such revised Terms.
You agree that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Service and data, materials and information available at or through the Service.
Buyers and Sellers
All buyers and sellers must be at least 18 years old to use the Blinker Service and by using the Service, you represent that you are at least 18 years old.
Information about a particular vehicle is supplied by the seller, not by Blinker. The price and other terms of any sale are arranged after negotiation between the buyer and the seller. Blinker is not responsible for incorrect information given by buyers or sellers, including information regarding vehicles, including but not limited to vehicle mileage, condition, history, or photos of vehicles. CarFax vehicle reports are provided for informational purposes only from an unaffiliated third-party vehicle report provider, and Blinker is not responsible for any incorrect information or mistakes. We cannot verify the information/photos that sellers supply or guarantee the vehicles they offer. When using this Service to buy or sell a vehicle, please use common sense and good judgment. When dealing with prospective purchasers/sellers, we urge you to take the same precautions you would take if you were purchasing/selling a car through a classified ad in the newspaper.
BLINKER MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE ON OUR SERVICE. VEHICLE SALES ARE BETWEEN THE BUYER AND THE SELLER ONLY. BLINKER DOES NOT OWN, INSPECT, BUY OR SELL ANY VEHICLES LISTED FOR SALE ON OUR SERVICE.
The prices listed by sellers on Blinker exclude government fees and taxes, finance charges, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle.
Listing Your Vehicle
To list a vehicle for sale on Blinker, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any vehicle listed for sale on Blinker’s Service, nor may you use our Service to promote, without our prior written permission, any other website, product, or service. Sellers must be prepared to sell their vehicles at the price at which, and on the terms on which, they are listed. You must have possession of the actual vehicle listed and the proper authority to transfer title. In order to list a vehicle for sale on Blinker, a seller must be the registered owner of the vehicle being listed for sale or be able to provide a power of attorney authorizing the seller to sign documents necessary to transfer the vehicle and pay any outstanding lien(s) on behalf of the registered owner.
You represent that you are not a motor vehicle dealer or broker, or acting in the capacity as an owner, employee or representative of a dealer or broker.
Each listing may be used to advertise only one vehicle, regardless of a listing’s duration. For this reason, you cannot edit your vehicle’s year, make, model, or VIN once you have “listed” your car. Always make certain this information is accurate before listing your automobile. Blinker reserves the right (but assumes no obligation) to delete, move, or edit any listings that we consider unacceptable or inappropriate, whether for legal or other reasons.
Once the Seller and Buyer have agreed to buy/sell a listed vehicle and the terms are agreed upon, then fees may be incurred by one or more parties in the event Blinker services are accessed (e.g. vehicle registration services and/or escrow services).
Financing, Insurance and Service Contracts
If you obtain Financing, Mechanical Breakdown Insurance, or a Service Contract from Blinker, additional terms and conditions apply.
License to Use Our Services
Subject to these Terms, we grant to you a limited, personal, non-exclusive, non- transferable license to use our Service for your personal use and not for resale or further distribution.
We (and where applicable, parties from whom we have obtained licenses) retain all right, title and interest in and to our Service, including all related intellectual property rights.
Access to Our Services
We do not provide you with the equipment to access our Service. You are responsible for all fees charged by third parties related to your access and use of our Service (e.g., charges by Internet service providers, phone carriers, etc.).
You must comply with all applicable laws when using our Service. Except as may be expressly permitted by applicable law, or as Blinker may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Service (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Service or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Service to another person; (iv) use our Service or Service Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Service; (vi) use our Service in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Service; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Service or any Service Content. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any part of our Service; or (iii) circumvent or disable any security or technological features or measures of our Service.
Linking to Our Service
If you link to our Service, you are permitted to link only to the home page at www.blinker.com. Linking to any pages other than the home page of our Service, linking to any internal parts of our Service, framing of our Service within or as part of any third- party services, or any other manner of incorporating parts of our Service as part of another Website or service, is not permitted without our prior written consent.
Restricted Areas of the Services
Certain parts of our Service, including account management features, may be password-restricted to registered users or other authorized persons (“Password- Protected Areas”). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Service that is known to you.
While we try to make sure that all prices posted on the Service are communicated accurately, we cannot be responsible for the typographical and other errors that may appear on the Service. If there is incorrect information given about a vehicle price, product, or service due to a typographical error, Blinker is not responsible for such error or its correction; but will attempt to correct such error promptly. We reserve the right to refuse or cancel any orders for products or services listed at an incorrect price.
Access to the Service, Outages and Browser Incompatibilities
The Service may become inaccessible or it may not function properly with your web browser, mobile device, and/or operating system. Blinker cannot be held liable for any perceived or actual damages arising from Service Content, operation, or use of this Service.
Links and Third Party Content, Products and Services
Our Services may display, or contain links to, third party products, services, and websites. Any opinions, advice, statements, services, offers, products, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Service, or which is accessible through or may be located using our Service (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives. If you have questions regarding vehicle Financing, a Service Contract, or Mechanical Breakdown Insurance that you have obtained through Blinker, please contact the provider directly.
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Service, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, services, products or other Third Party Content available on and through our Service.
User Postings to Our Service / Feedback
We may, from time to time, allow you to post and/or upload information and content to our Service.
You agree that we are free to use any feedback, suggestions, comments, information, ideas, concepts, methods, techniques, content, pictures, videos and any other material in any post or submission that you may make to our Service (each, a “Submission”), without further compensation, acknowledgement, or payment, for any purpose whatsoever including, without limitation, modifying or improving the Service. Furthermore, by making any Submission on the Service, you grant us a perpetual, nonexclusive, fully paid, royalty-free, irrevocable, sub licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
BY POSTING OR PROVIDING ANY SUBMISSION, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR SUBMISSION BY US WILL NOT INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY.
You will not use our Services to: (i) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous content or that is invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) “stalk” or otherwise harass another; or (xi) collect or store personal data about other users.
“Blinker,” the Blinker logo, and any other product or service name or slogan displayed on our Service are trademarks of Blinker, Inc. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Blinker, Inc. or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Blinker” or any other name, trademark or product or service name of Blinker without our prior written permission. In addition, the look and feel of our Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Blinker and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
Disclaimer of Warranties
YOUR USE OF THE SERVICE AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS 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, TITLE, AND NON- INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICE AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
WE AND OUR SUPPLIERS AND LICENSORS WILL 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, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICE AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICE AND SERVICE CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, attorneys, successors and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Service and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Services or Service Content.
All claims between you and us shall be brought in your or our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claim, and may not otherwise preside over any form of a representative or class proceeding. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
Arbitration shall be conducted by an arbitration organization selected by the parties. The arbitrator shall be a single arbitrator who is a retired judicial officer and shall be selected pursuant to the rules of the arbitration organization or, alternatively, may be selected by agreement of the parties. The parties will cooperate in good faith to select the arbitration organization and the arbitrator. In the event the parties cannot agree on an arbitration organization, the arbitration shall be conducted by the American Arbitration Association (www.adr.org).
The arbitrator shall apply governing substantive law and the applicable statute of limitations. We will advance your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $5,000, unless applicable rules or substantive law require us to advance in excess of this amount, in which case we will advance the amount required under applicable rules or law. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any or all of your claims are frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this Arbitration Agreement, then the provisions of this Arbitration Agreement shall control, except where the conflict would render the chosen organization unable to conduct the arbitration or would render this Arbitration Agreement unenforceable. In that case, the rules of the chosen arbitration organization shall apply to effect the parties’ intention to arbitrate their disputes. Any arbitration under this Arbitration Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act.
You and we reserve the right to pursue small claims actions so long as such actions remain within the jurisdiction of the small claims court.
In the event you enter into an Automobile Loan & Security Agreement with us, our pursuit of self-help remedies (repossession), an action to recover the vehicle (replevin), or an action to recover a deficiency balance following repossession shall not constitute a waiver of our right to arbitrate.
Should any portion of this Arbitration Agreement, other than the waiver of class action rights, be deemed unenforceable, the remaining portions of this Arbitration Agreement shall remain enforceable.
Enforcement of these Terms will be governed by the laws of the State of Colorado, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services or Service Content will lie in the state and federal courts located in Denver County, within the State of Colorado, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
When you visit the Service or send e-mails, or upload/post information to the Service, you are communicating with us electronically. You consent to receive all documents and communications from us electronically, through email, social media, text to mobile devices, etc. based on the contact information you have provided to us and designated us to use. You may update the contact information for your account by updating your user information on the application.
You agree that all agreements, notices, disclosures and other communications that we provide to you through any of these means satisfy any legal requirement that such communications be in writing.
You further agree that your vehicle transfer (registration and titling) may be processed electronically, if electronic processing is available in the state in which the vehicle will be registered/titled.
If you withdraw your consent to receive documents from us electronically, you must notify us by email at firstname.lastname@example.org or postal mail to Blinker, Inc., P.O. Box 1768, Denver, CO 80201.
We may discontinue the Service at any time and for any reason, without notice. We may change the contents, operation, or features of the Service at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Service. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. 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.
Our failure to enforce any provision of these Terms or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms as to that breach or any other.
Violation of Terms
In the event these terms are violated, Blinker reserves the right to terminate all services and prevent you from access and use of the Service in the future.
If you have any questions or concerns about our Service or these Terms, you may contact us by email at email@example.com or postal mail to Blinker, Inc., P.O. Box 1768, Denver, CO 80201.