These Terms & Conditions (“Terms”) are a binding agreement between EVA Systems LLC (“EVA Systems,” “we,” “us,” or “our”) and the automotive dealership (“Dealership,” “you,” or “your”) and each individual who accesses the EVA Listing Agent platform and any related websites, applications, and services owned or operated by EVA Systems LLC (collectively, the “Platform”).
Acceptance. By accessing, signing into, or using the Platform, you represent and warrant that (a) you are at least 18 years old; (b) you are an authorized representative or employee of the Dealership; and (c) you have authority to accept these Terms on behalf of yourself and the Dealership. If you do not agree, do not access or use the Platform. Each sign-in reaffirms the Dealership’s and the user’s acceptance of, and agreement to be bound by, these Terms and the Privacy Policy, including the indemnification obligations in Section 8.
EVA Listing Agent is a business tool that aggregates and filters vehicle listings publicly posted on third-party marketplaces (such as Craigslist and Facebook Marketplace, and potentially others) based on parameters the Dealership configures, and presents a queue of candidate listings to the Dealership’s authorized users. The Platform is a sourcing and filtering tool only. It does not contact sellers on your behalf; the decision to view a listing, contact a seller, or take any action based on the information is made solely by the Dealership and its users.
Access is provided through accounts created by the Dealership’s administrators. You are responsible for maintaining the confidentiality of login credentials and for all activity that occurs under your accounts. You agree to provide accurate information and to promptly deactivate or report any account that should no longer have access.
You are solely responsible for how you and your users access, review, contact, solicit, and otherwise use any listing, seller, or data obtained through the Platform. You agree that you and your users will, at all times:
You acknowledge that EVA Systems does not author, control, verify, or guarantee any sourced listing or seller data, and that any contact with a third-party seller is initiated by you, in your discretion and at your own risk.
Sourced data originates from third-party platforms and their users. Those platforms may change, restrict, or prohibit access to their data at any time, and their terms govern your relationship with them. EVA Systems makes no representation that the sourcing, collection, or use of any data through the Platform is permitted by, or compliant with, the terms of any third-party platform, and you assume full responsibility for your and your users’ compliance with those terms and with applicable law.
The following terms apply to the Platform’s operational text-messaging program:
The Platform, including its software, design, and branding, is owned by EVA Systems LLC and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for your internal business purposes during your subscription. You may not copy, modify, reverse engineer, resell, or create derivative works of the Platform.
THE PLATFORM AND ALL SOURCED DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. EVA SYSTEMS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY LISTING OR SELLER DATA IS ACCURATE, CURRENT, LAWFUL, OR SUITABLE FOR ANY PURPOSE.
To the fullest extent permitted by law, the Dealership (and, jointly and severally, each user who accesses the Platform on the Dealership’s behalf) shall indemnify, defend, and hold harmless EVA Systems LLC, its owner(s), members, managers, officers, directors, employees, agents, contractors, successors, and assigns, and each of the individual websites, platforms, brands, and properties owned or operated by EVA Systems LLC, including EVA Listing Agent (collectively, the “Indemnified Parties”), from and against any and all claims, demands, suits, actions, proceedings, investigations, liabilities, damages, losses, judgments, awards, settlements, fines, penalties, costs, and expenses of every kind (including reasonable attorneys’ fees and costs of defense) (collectively, “Claims”), arising out of or relating in any way to:
This indemnity is in addition to, and not in limitation of, any other rights or remedies of the Indemnified Parties. The Indemnified Parties may, at their option and the Dealership’s expense, assume the exclusive defense and control of any matter subject to indemnification, and the Dealership will cooperate in asserting any available defenses. The Dealership will not settle any Claim in a manner that imposes any obligation or liability on, or requires any admission by, an Indemnified Party without that party’s prior written consent. This Section 8 survives termination of these Terms and the Dealership’s use of the Platform.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY THE DEALERSHIP TO EVA SYSTEMS FOR THE PLATFORM IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
We may suspend or terminate access to the Platform at any time, including for non-payment, violation of these Terms, or to comply with law. Upon termination, your right to access the Platform ceases. Sections that by their nature should survive termination — including Sections 3, 4, 7, 8, 9, and 11 — will survive.
These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Pinal County, Arizona for any dispute not subject to arbitration, and each party waives any objection to such venue.
We may modify these Terms from time to time. Changes are effective when posted, as indicated by the “Last updated” date above. Continued access or use of the Platform after changes become effective constitutes acceptance of the modified Terms.
EVA Systems LLC
6345 W. Muirfield Way, Florence, AZ 85132
Email: [email protected]