Terms and Conditions

Opening an Account - We may require you to open an Account by providing Ambar with certain requested information. You must provide Ambar with accurate and complete information and keep it updated. You may not open more than one Account; Ambar reserves the right to close any duplicate accounts. You are responsible for maintaining the confidentiality of your password and log-in details. Ambar will not be responsible for any damage that is caused to you or others under your Account. Similarly, without authorization, you must not use the Account of any other person or entity.

Closing Your Account - To close your Account, contact us through the “Contact Us” portal of the Website with sufficient information to identify the Account you would like to close. Once an Account is closed, its information may be retained, deleted, or made unavailable. Ambar is not responsible for any information, content, or submissions that are lost due to the closing of an Account.

Content Accessible Through the Services - The Services include our proprietary content and the licensed content of others, which may include data, text, photographs, videos, audio clips, written posts and comments, logos, button icons, data compilations, software, scripts, graphics, illustrations, interfaces, GUI and interactive features, as well as other resources (such as FAQs, articles, or support services), and all related documentation, know-how, specifications, materials and designs of the Services (collectively, the “Content”).

Information Received Through the Services - Any information you receive through the Services is provided “as is” and “as available”. We cannot guarantee that any information is correct or up-todate. Ambar is not responsible for any typographical errors or omissions relating to pricing, text, photography or any other information included in the Services. Ambar reserves the right to refuse or cancel any orders placed for products, services, or vehicles at incorrect prices, regardless of whether the orders have been confirmed and/or payment has been made. If payment was made prior to cancellation, Ambar will issue a refund of the payment after deducting any applicable transaction or other fees. If you spot any materials or information that you believe to be inaccurate, please contact us through the “Contact Us” portal of the Website, briefly describing the inaccuracy.

Responsibility for Your Submissions - Your Submissions include content that you (i) post to Interactive Areas or on our branded social media pages on third-party services, and (ii) tag us, our products, or our services in, including on your social media accounts on other services. You are entirely responsible for your Submissions. Any and all Submissions posted, viewed, or accessed are at your own risk. Ambar makes no express or implied warranty about the accuracy, copyright compliance, legality, or any other aspect of any Submissions. Without limiting the foregoing, you may not use the Services to submit or upload any Submissions: (i) relating to a vehicle, if (a) you are not the legal owner of the vehicle, (b) the vehicle is not registered in your name, or (c) you do not otherwise have the legal right to sell such vehicle; (ii) if the purpose of doing so is to compete with Ambar or the Services; (iii) that contain unsolicited promotion, advertising, contests, or raffles; (iv) that are fabricated, false, illegal, misleading, inaccurate, disparaging, offensive, or inappropriate; (v) that infringe or violate any intellectual property or other rights of Ambar or any third party, or violate any law, rule, regulation, or contractual duty; (vi) that include a person’s or entity’s identification documents or sensitive financial information if you do not have the requisite authority or permission; (vii) that violate any other restrictions we provide to you; or (viii) that are on behalf of another person, if such other person would violate any of the above restrictions. Ambar has no obligation to review, edit, or delete Submissions, but we reserve the right to do so, for any reason or no reason, in our sole discretion. In addition, Ambar may limit the size and storage spaces available for Submissions.

Other Prohibited Conduct - You also may not do any of the following through the Services: (i) falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, or express or imply that Ambar endorses you, your vehicle, or your business; (ii) use the Services in any way that is immoral, unauthorized, or illegal; (iii) use the Services in any way that is racist, sexist, homophobic, inflammatory, defamatory, harassing, misleading, invasive of Ambar’s or another’s privacy or publicity rights, or is otherwise offensive or objectionable; (iv) use the Services in any way or for any purpose that in our sole discretion is likely to harm Ambar or the Ambar Representatives; (v) attempt to interfere with or disrupt the ability to access the Services, the operation of the Services, or the servers or networks that host them; (vi) remove or disassociate from the Content or the Services any restrictions or signs indicating proprietary rights of Ambar or its licensors, including any proprietary notices (such as ©, TM, or ®); (vii) bypass any measures Ambar may use to prevent or restrict access to the Services; (viii) use any type of data mining, robots, scrapers, or other data collection methods; (ix) make available in connection with the Services any virus, worm, Trojan horse, spyware, bug, or malware; (x) use the Services for any purpose for which they are not intended; or (xi) infringe or violate any of the provisions of these Terms or our Privacy Policy.

Acts of Others - In some cases, the Services may allow you to interact with other users. Ambar is not responsible for the acts, omissions or behavior of any individual or entity you encounter through the Services. Although we may choose to intervene or attempt to resolve a dispute, you agree that we have no obligation to do so.

All of the intellectual property rights (including, without limitation, inventions, patents and patent applications, trademarks and trademark applications, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered) in or to the Services and the Content are owned by and/or licensed to Ambar and are protected by applicable copyright and other intellectual property laws. Certain Content displayed within the Services is used with permission from Carfax, Inc., and is protected under United States and international copyright law. This Content may be identified with an indicator such as “© Carfax, Inc.”. Additional terms and conditions may apply to your use of such Content, and any unauthorized use, reproduction, distribution, or modification of this Content is strictly prohibited. Subject to these Terms, you are granted a non-exclusive, non-commercial, non-transferable, nonsublicensable and fully revocable limited license to use (i.e. to download and display locally) our Content for the purpose of using the Services in accordance with these Terms and the Privacy Policy. All rights not expressly granted to you under these Terms or our Privacy Policy are reserved by Ambar and/or its licensors. Among other restrictions set forth in these Terms, or which we may provide from time to time, (i) you shall not: (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, any application), except to the limited extent applicable statutory laws specifically and expressly prohibit such restriction; (b) modify, translate, or otherwise create derivative works of any part of the Services; or (c) copy, sell, license, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder or use the Services for the benefit of any third parties, and (ii) you are not permitted to use the Ambar trademarks, copyrighted content, other intellectual property, or any third-party trademarks appearing on or through the Services without our prior written consent. You shall abide by all applicable local, state, national and international laws and regulations.

You must own or have sufficient intellectual property rights to all Submissions that you provide through the Services, without any infringement or violation of any third-party rights or applicable laws, rules, regulations or directives. You must obtain all consents and authorizations required for the use of your Submissions. You agree that all information uploaded or submitted by you (excluding Personally Identifiable Information (defined in the Privacy Policy) and financial information) is nonconfidential and may become publicly available. You grant Ambar a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works of, store and use any of your Submissions in connection with the Services, in any media formats and through any media channels known today and developed in the future, for the purpose of operating, marketing, and improving the Services. You also grant Ambar permission to attribute you in connection with your Submissions. You hereby waive any rights of privacy or publicity in this respect. Occasionally, with your permission, our designees or representatives may take photos of you with vehicles you purchase or sell through our Services. These photos will also be considered Submissions and subject to these Terms.

You acknowledge that any suggestions, questions, ideas, or other comments you provide to Ambar (“Feedback”) shall become our sole and exclusive property without any compensation to you. We may, in our sole discretion, decide whether to use the Feedback. You hereby assign to Ambar all of your right, title and interest in the Feedback, including, but not limited to, all copyrights, patent rights, trade secrets, and trademarks.

You may link to our Services on your rightfully owned properties as long as (i) the link does not state or imply any connection or approval of Ambar or portray Ambar in a false or offensive manner, and (ii) you remove such link immediately upon our written request.

Ambar has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. If you believe that any content displayed on any of the Services infringes your copyrighted work, you may send notice to Ambar’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) at: Jenkins Lorenzo, LLC., 18851 NE 29th Avenue, Suite 700, Aventura, Florida 33139 or [email protected]. Please include the following information in your notice: (i) a signature of a person authorized to act on behalf of the owner of the copyright; (ii) identification of works or materials alleged to have been infringed; (iii) identification of alleged infringing material with sufficient detail so Ambar can find and verify its existence; (iv) contact information about the notifying party; (v) a statement that the notifying party has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Once we receive the notice, we may take actions in our discretion, including removing the alleged infringing material.

JURY TRIAL WAIVER - Most customer concerns can be resolved by contacting us through the “Contact Us” portal of the Website. However, IN THE EVENT THAT YOU AND AMBAR ARE UNABLE TO RESOLVE ANY DISPUTE OR CLAIM WITH ONE ANOTHER RELATED TO THE SERVICES, TERMS AND/OR CONTENT, YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT, TO THE FULLEST EXTENT ALLOWED BY LAW, TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING, CLAIM OR COUNTERCLAIM BETWEEN YOU AND AMBAR. “Disputes and claims” shall be broadly construed to include past, current, and/or future claims that relate in any way to these Terms, your use of the Services, and/or rights of privacy and/or publicity.

CLASS ACTION WAIVER - You and Ambar each WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION RELATED TO THE SERVICES, TERMS AND/OR CONTENT. Any litigation under this provision will take place on an individual basis – your right to institute or participate in any class action(s) adverse to Ambar and/or the Ambar Representatives is expressly waived. You also agree not to participate in claims against Ambar brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account.

YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT, TO THE FULLEST EXTENT ALLOWED BY LAW, TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES FROM AMBAR RELATED TO THE SERVICES, TERMS AND/OR CONTENT.

Any legal suit, action or proceeding arising out of or relating to the Services and Content shall be instituted in the Circuit Court in and for the Eleventh Judicial Circuit, Miami-Dade County, and you and Ambar irrevocably submit to the exclusive jurisdiction of said court in any such suit, action or proceeding. You and Ambar irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

These Terms constitute the entire agreement between you and Ambar regarding your use of any and all of the Services as detailed herein, and supersedes any prior agreements between you and Ambar relating to such use.

These Terms are governed by the laws of the State of Florida, without regard to its conflicts of law rules. C. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Ambar.

Any heading, caption, section title or summaries contained in these Terms is inserted only as a matter of convenience and shall not affect their interpretation. Any use of “including” “for example” or “such as” in these Terms shall be read as being followed by “without limitation” where appropriate.

The failure of either party to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be amended as possible to comply with the applicable law. This shall not affect the validity and enforceability of any remaining provisions.