TERMS OF USE (TOU)

Last Updated: March 19, 2024

Owner: D&E Capital Ventures, LLC (“Company”)

Platform: Cars for Sale & Loans Marketplace (“CLMPD”)

1. ACCEPTANCE & LICENSE

By accessing CLMPD, you agree to these Terms. If you are using CLMPD on behalf of a business, you bind that business to these Terms.

• Grant: We grant you a limited, revocable, non-exclusive license to use CLMPD. Unlicensed use or use by those under 18 is strictly unauthorized.
• Content License: You grant us a perpetual, irrevocable, worldwide, sublicensable license to use, copy, and distribute any content you post.

2. MARKETPLACE & LOAN DISCLOSURES (IMPORTANT)

• Not a Party to Transactions: Company is a marketplace platform, not a buyer, seller, or auto dealer. We do not take title to vehicles, inspect vehicles, or guarantee the accuracy of any listing.
• Not a Lender: D&E Capital Ventures, LLC is not a lender, loan originator, or financial advisor. Any loan terms, rates, or approvals are provided solely by third-party Lenders. We do not guarantee credit approval or specific interest rates.
• Estimates: Any loan calculators are for illustrative purposes only. Actual payments are determined by your Lender.

3. USER RESTRICTIONS & CONDUCT

You agree NOT to:

• Use robots, spiders, or scrapers to harvest CLMPD data.
• "Curbstone" (dealers posing as private sellers) or post misleading VIN/odometer data.
• Bypass moderation, filters, or access controls.
• Distribute spam, unsolicited communications, or unlawful content.

4. LIQUIDATED DAMAGES

Violating these Terms causes the Company significant harm. You agree to pay the following amounts as a reasonable estimate of damages:

• Harvesting User Info: $1 per violation.
• Misusing Personal Info / Identity Theft: $1,000 per violation.
• Posting Prohibited/Fraudulent Content: $4 per violation.
• Unauthorized Texts/Calls/Emails to Users: $500 per communication.
• Aggregating/Scraping CLMPD Content: $3,000 per day.
• Excessive Requests (>1,000 pages/24 hrs): $0.25 per page after the first 1,000.

5. MODERATION & TERMINATION

We reserve the right to moderate, block, delete, or terminate your access at our sole discretion. Our action (or inaction) does not waive our right to moderate in the future.

6. FEES & PAYMENTS

Paid postings and subscriptions are authorized upon submission. All fees are non-refundable to the fullest extent permitted by law, even if a listing is removed for a TOU violation.

7. DISCLAIMERS & LIMITATION OF LIABILITY

• "As Is" Basis: CLMPD is provided without warranties of any kind.
• Vehicle Condition: We are not liable for the mechanical condition, safety, or legal title of any vehicle listed.
• Liability Cap: Our total liability is limited to the lesser of $100 or the amount you paid us in the 12 months prior to the claim.

8. CLAIMS, INDEMNITY, & JURISDICTION

• Governing Law: Laws of the State of California.
• Venue: Exclusive jurisdiction in courts located in Orange County, CA.
• Indemnity: You agree to indemnify Company Entities from any claims (including legal fees) arising from your use of the platform or your violation of these Terms.

9. TRADEMARKS & INTELLECTUAL PROPERTY

"Cars for Sale & Loans Marketplace," "CLMPD," and associated logos are registered trademarks of D&E Capital Ventures, LLC.

ATTACHMENT A: NMVTIS CONSUMER DISCLAIMER

The National Motor Vehicle Title Information System (NMVTIS) data is provided to assist consumers.

• Not a Full History: NMVTIS contains title/brand history but may not include detailed repair or accident history.
• No Substitute for Inspection: Users are strongly encouraged to get an independent professional inspection before purchase.
• Data Sources: Information is compiled from participating state agencies, insurance companies, and auto recyclers.

Financial Services Cars for Sale & Loan Marketplace Disclaimer

1. No Lending or Financial Advice

D&E Capital Ventures, LLC (“the Company”) is a marketplace platform and not a lender, loan originator, loan processor, or financial advisor. We do not provide loans, financing, or credit decisions. Any loan products, interest rates, or terms displayed on CLMPD are provided by third-party financial institutions (“Lenders”). The Company does not endorse or recommend any specific Lender.

2. No Guarantee of Approval or Terms

The Company does not guarantee that any user will be pre-approved or qualified for a loan. All credit decisions, including approval, interest rates (APR), and loan amounts, are made solely by the Lenders. Any estimated payments shown on the platform are for illustrative purposes only.

3. Consent to Share Information (Lead Generation)

By submitting a loan inquiry or application through CLMPD, you provide your express written consent for the Company to share your personal and financial information with our network of Lenders. These Lenders may contact you via email, telephone, or SMS. The Company is not responsible for the privacy practices or data security of these third-party Lenders.

4. Compliance with Financial Laws

• ECOA: The Company complies with the Equal Credit Opportunity Act.
• TCPA: By providing your phone number, you authorize contact using automated technology. You may opt-out at any time.

5. Limitation of Liability for Financial Loss

The Company is not a party to any loan agreement between you and a Lender and is not responsible for any disputes, damages, or losses including:

• Errors in loan documentation.
• Fluctuations in interest rates.
• Defaults or repossessions.
• Inaccurate reporting to credit bureaus by the Lender.