Terms of Use (effective April 6th, 2016)

Welcome to Beepi.  We strive to provide an exceptional experience to our customers.   If you have any questions about how Beepi works or about our Terms of Use, please give us a call at (888) 542-3374 or email us at hello@beepi.com.   We are available 24X7 to answer your questions.

These Terms of Use are referred to as the “Agreement” and govern all use of the Beepi.com website and mobile application and all content, services, and products provided by Beepi and made available at or through the website or mobile application (individually, a “Service” and collectively, the “Services”). This Agreement sets forth the legally binding terms and conditions for your use of the Services.  Beepi may also offer third party content, products or services which are governed by additional or different terms.  We may refer to ourselves as “Beepi,” “we,” “us” or “our” in this Agreement.  

(1)            Summary

Beepi is a service that primarily facilitates used motor vehicle sales by sellers and purchases by buyers.  As a buyer, Beepi offers you many services and protections, which are described further throughout this Agreement.  For example, all vehicles offered for sale to buyers have undergone Beepi's multipart pre-purchase vehicle inspection and meet the requirements applicable in the jurisdictions in which we are a licensed dealer.  Subject to certain restrictions, all Beepi vehicles come with a 10-day money back guarantee so that you can return a vehicle for any reason and receive a full refund.  Further details of the 10-day money back guarantee can be found below under “Buying a Vehicle through Beepi.”

Beepi offers many services to sellers as well. In particular, Beepi will professionally inspect and photograph your vehicle before you agree to list your vehicle through the Service. Once a buyer reserves your vehicle through the Service, Beepi will pick up the vehicle, pay you, and handle the sale and delivery to the buyer.  You will retain that payment even if a buyer returns the vehicle to Beepi for any reason.

These features are offered subject to certain restrictions, which are described further throughout this Agreement. Moreover, your use of Beepi's Services imposes certain obligations on you, which are described further below. Beepi strongly encourages you to read this Agreement in its entirety.

(2)            General Provisions

A.     Registration / Modification

By registering for and/or using the Services in any manner, you agree that you have read and accepted this Agreement.  The Agreement consists of these terms and conditions, as well as those set forth in Beepi's Privacy Policy (https://www.beepi.com/legal/privacy). Beepi reserves the right to modify this Agreement at any time and will endeavor to provide notice of modifications at this webpage or by email to registered users.  Any such modification will be evidenced by a new effective date. Beepi may, in its unilateral discretion, change, restrict access to, suspend, or discontinue Services, or any portion thereof.

In addition to this Agreement, you may be subject to other agreements with Beepi or Beepi’s third party partners if you enter into a transaction using the Services.  For instance, if you purchase a vehicle using the Services, you will also be subject to a vehicle purchase or retail installment contract with Beepi, in addition to this Agreement.  Similarly, if you obtain financing through one of Beepi’s third party lending partners, as described more fully in “Obtaining Financing for the Purchase of a Vehicle” below, you will also be subject to various agreements between you and that third party lender. 

B.     Intended Use

This website is intended for use only by residents of the United States of America (excluding unincorporated territories, Puerto Rico and Guam), eighteen (18) years of age or older, who have the capacity to enter into a valid contract; by accepting this Agreement, you represent and affirm that you meet these requirements. If you are accepting this Agreement on behalf of an organization, you represent that you have the authority to do so.

In compliance with the Children's Online Privacy Protection Act, Beepi does not knowingly or intentionally solicit or collect information from minors, and the Services are not directed at minors.

C.      Arbitration and Class Action Waiver

In accordance with the terms set forth below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

D.     Sale By Private Sellers/Non-Interference

This website serves primarily to facilitate sales by private sellers and purchases by private buyers of used vehicles.  With certain exceptions addressed at Section 4(A) below, the vehicles offered for sale on the website are offered for sale by the private seller, and not by Beepi. By accepting this Agreement, you represent and affirm that you will not (i) communicate directly with buyers and/or sellers regarding the listed vehicles; (ii) use the Services to find a buyer or listed vehicle and then complete a transaction independent of the Services in order to circumvent the obligation to pay any fees related to the Services; or (iii) otherwise interfere with vehicle listings on the Service without authorization from Beepi.

(3)            Access and Use of the Services

In order to use and access certain Services, you will be required to register for an account with Beepi (the “Account”). You must provide accurate information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. By registering an Account using your Facebook login credentials, you give us permission to merge your account, and also agree for us to use and publish Facebook information in accordance with the settings you have selected with us and with Facebook.  If you register an Account using your Facebook credentials, you are also subject to the terms, conditions and privacy policies of Facebook in addition to this Agreement. We are not responsible for any error by Facebook.

(4)            Buying and Selling Vehicles

Beepi is licensed by the following states as a used car dealer and/or broker: Arizona, California, Florida, Maryland, New York, Texas, Washington.  As explained more fully below, once a buyer reserves a particular vehicle offered for sale through the Service, Beepi purchases that vehicle from the seller (if Beepi does not otherwise own the vehicle).  Thereafter, the sale to the buyer is completed by Beepi (i) giving all purchase-related disclosures and notifications to the buyer, (ii) executing all required purchase and sale documents with the buyer, (iii) receiving payment for the vehicle from the buyer, (iv) delivering the vehicle to the buyer with all required documentation and a temporary registration, and (v) permanently registering the vehicle and applying for a new title.

We may use a third-party payment processor (the “Payment Processor”) to bill you or compensate you through a payment account linked to your Beepi account.  The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement.  We are not responsible for error by the Payment Processor.  By choosing to consummate a transaction with Beepi, you agree to pay us, through the Payment Processor, all charges in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge or credit your chosen payment provider.

A.     Selling a Vehicle Though Beepi.

With certain exceptions described below, the vehicles listed for sale through the Service are advertised and offered for sale by private sellers, and not by Beepi.

When seeking to list a vehicle for sale through the Service, we will ask you, as a prospective seller, to provide basic information regarding the vehicle, including make, model, year, style, condition, history and mileage.  If the vehicle meets Beepi’s threshold qualification criteria, you will then be asked to schedule an inspection with a trained Beepi inspector, and to provide certain identifying information, including your name and the location at which the vehicle will be inspected.  Each seller acknowledges that if he or she provides Beepi with any false, incomplete, or inaccurate information, including but not limited to vehicle or personal information at any time, any agreement entered into between seller and Beepi for the purchase of a vehicle by Beepi is null and void and of no force of effect and seller will be responsible to compensate Beepi for any costs, losses or damages resulting from any false, incomplete, or inaccurate information.

Once you have provided the required information and scheduled an inspection, Beepi will send one of its trained inspectors to your designated location to photograph the vehicle, and to conduct a pre-purchase inspection, including a test drive of the vehicle. The inspector will also verify the vehicle’s make, model, year, style and mileage, condition, history, title and registration.  The inspector will also review the seller’s driver’s license to confirm that the seller is the owner of the vehicle.  Any co-owner of the vehicle must also be present for the inspection and must be verified as the co-owner by Beepi.  The inspection will be conducted by the Beepi inspector in accordance with Beepi’s multipart pre-purchase vehicle inspection process.

Upon completing the inspection, if Beepi chooses to allow you to advertise and offer your vehicle for sale through the Service, Beepi will provide you with a price, determined at Beepi’s sole discretion, at which Beepi will purchase your vehicle if a buyer reserves it though the Service (the “Guaranteed Price”.)  Prices are fixed and not subject to negotiation, and are based on a variety of factors, including the market value of the vehicle at the time of inspection and the cost of any needed repairs, in each case as determined by Beepi in its sole discretion.  Beepi is paid a commission in the event a vehicle is sold.  The sale price advertised on Beepi.com is the Guaranteed Price plus Beepi's commission in the event the car is sold.  Beepi’s commission is determined on a car-by-car basis by Beepi in its sole discretion. Beepi’s commission is not negotiable.

Once the vehicle passes inspection, if the private seller decides to advertise and offer his or her vehicle for sale through the Service, the vehicle will be advertised and offered for sale by the private seller at the Guaranteed Price plus Beepi's commission. In offering a vehicle for sale through the Service, the seller represents that he or she has physical possession of the vehicle to be sold, and either (a) that he or she has the ability to transfer title, or (b) that he or she has fully disclosed any lien on the vehicle to Beepi, and has provided Beepi with sufficient information to enable Beepi to satisfy the lien.  Seller agrees to be solely responsible for satisfaction and payment of any liens, claims or damages of any type arising out of the vehicle during Seller's possession and ownership, including but not limited to medical, personal injury, citations, tolls, fines, legal or other claims, and Seller shall indemnify and hold Beepi and the subsequent Buyer harmless of same.

In addition, by listing a vehicle though the Service, seller agrees that, unless or until seller advises Beepi that the vehicle has been sold, or to cancel his or her listing through the Service, the vehicle is available for sale and, as long as the seller is paid the Guaranteed Price, seller will consummate the sale transaction. The seller is free to continue to use the vehicle until Beepi arranges for a pickup of the vehicle and payment of the Guaranteed Price to the seller.   The seller may also continue to list the vehicle for sale through other outlets, but it is the seller’s responsibility to inform Beepi immediately if the vehicle is sold.  It is also the seller’s responsibility to inform Beepi of any times during which the vehicle will be unavailable for pickup. For example, the seller must notify Beepi if he or she is going on vacation and will be unavailable to transfer title and possession while away.

If the seller fails to notify Beepi that a vehicle listed through the Service is no longer available for sale or to remove the listed vehicle prior to a buyer reserving the vehicle through the Service (referred to as a “Back Out”), Seller agrees that Beepi may charge and seller will pay a “Back Out Fee” not to exceed $500.00.  You also agree that the Back Out Fee will apply if you do not make your car available for pick up by Beepi within five (5) days of Beepi’s notice to you that the car has been reserved by a buyer.  In addition, Beepi reserves the right to refuse to accept a vehicle for listing from a seller with a previous Back Out.

Beepi may revise the Guaranteed Price in the event of any post-inspection damage or additional mileage in excess of 1,500 miles following inspection.  In such a situation, Beepi may – but is not required to – make the seller a new offer on different terms. It is the seller’s responsibility to inform Beepi immediately if any damage occurs to the vehicle after the inspection by contacting help@beepi.com. Should the seller fail to timely inform Beepi of such post-inspection damage, Beepi may, at its sole discretion, remove the listing for the vehicleand reserves the right to refuse to accept future vehicles for listing from the seller. The seller also agrees to reimburse Beepi for any costs, losses, or damages suffered as a result, including but not limited to the cost of repair and the cost of any necessary inspection or re-inspection. The nature and extent of any post-inspection damage will be determined solely by Beepi, or a third-party working on Beepi’s behalf.

Beepi may also revise the Guaranteed Price if the seller publicly offers the vehicle for sale at a lower price though another outlet.  In such case, the new Guaranteed Price will be the lower offered price. 

If a buyer reserves a vehicle advertised and offered for sale through the Service, Beepi will, as soon as reasonably practicable, (1) secure the vehicle title from the seller or its lien holder, (2) secure all necessary signatures from the seller to accomplish transfer of title, (3) pay the seller for the vehicle by way of a check issued by Beepi, and (4) pick up the vehicle from the seller.  Beepi may remove the seller’s listing from the Service if Beepi cannot secure from the seller the title, the vehicle, or the necessary signatures.  Seller agrees to provide reasonable assistance to Beepi as needed to transfer title to or register the vehicle to the new buyer.  Should the buyer return the vehicle to Beepi for any reason, Beepi will retain title and possession of the vehicle and the seller shall retain the price paid to seller. To the extent such a returned vehicle is offered for sale through the Service, it will be offered by sale by Beepi.  Beepi may also offer vehicles it owns or that are in its possession for sale through the Service.

Beepi cannot guarantee that any vehicle listed through the Service will be sold. Nor can Beepi guarantee the length of time it will take for any car to sell.  Beepi may, in its sole discretion, remove a listing from the Service if the car is not sold within thirty (30) days.  Except as may be communicated by Beepi to a seller prior to listing the seller’s vehicle, Beepi agrees to purchase a vehicle listed by a seller through the Service at the Guaranteed Price, subject to offsets for any post-inspection damage or excess mileage, if the vehicle is not sold within thirty (30) days of it is initial listing through the Service.  Notwithstanding the foregoing, in rare instances, if Beepi makes an error in quoting a Guaranteed Price that would result in a windfall to the seller (e.g. offering a price close to or above the new car price for a vehicle), Beepi may revise the Guaranteed Price in its sole discretion.  Also, in certain cases, including without limitation with certain types of luxury cars, Beepi may offer to list seller’s vehicle, but will inform the seller prior to listing the vehicle that Beepi will not purchase the vehicle at the Guaranteed Price until the vehicle is reserved by a Buyer even if the vehicle is listed with Beepi for more than thirty (30) days.

B.     Buying a Vehicle through Beepi.

Following registration for access and use of the Services, a prospective buyer is free to browse vehicle listings. For each vehicle offered for sale, the Service displays photographs and certain characteristics of the vehicle. The photographs displayed are not exemplars, but photos of the actual vehicle offered for sale.

Each of the vehicles offered for sale through the Service is certified by Beepi pursuant to its multistep pre-purchase certification process. For each vehicle offered for sale, Beepi displays a completed inspection report reciting the steps conducted by Beepi in the certification process, including each of the components inspected, and the status of the vehicle with respect to each step and component.

With respect to any vehicle Beepi sells, Beepi will have complied with applicable state law regarding the inspection and mechanical operation of the vehicle.  Beepi will also make all disclosures required under applicable state and federal law Beepi will publish through the Service any third party report it has secured with respect to an individual vehicle. Beepi disclaims any responsibility for the accuracy of any such report.

The price on a vehicle listing (the “Listing Price”) includes Beepi’s commission, but does include taxes, title, registration, delivery fees (if any), other applicable state fees.  The final purchase price of the vehicle (the “Sale Price”) is calculated at the time you reserve the vehicle through the Service and determined based on the location to which the vehicle will be delivered and the state of registration. Prior to reserving a vehicle on Beepi.com a prospective buyer must enter his or her zip code, after which the applicable taxes, title, registration and delivery fees are calculated and added to the sales price to show the buyer the total amount of the purchase.  Taxes, title and registration may vary by state and by county.  Beepi may apply a delivery charge for transporting vehicles from one Beepi location to another or for vehicles delivered outside of its then current delivery zones. In addition, should a buyer elect to make an additional purchase (e.g. a vehicle service contract), those charges will also be calculated and displayed to the buyer when he or she navigates through the vehicle reservation process.

A buyer may reserve a vehicle using the Services. By reserving a vehicle, the buyer must pay Beepi a reservation fee (the “Reservation Fee”) by credit card.  Upon reservation of a vehicle, including payment of the Reservation Fee, Beepi contacts the seller, arranges for the purchase and pickup of the vehicle from the seller and arranges a time to deliver the vehicle to the buyer. The Reservation Fee is nonrefundable, except in the following situations: the vehicle is no longer available from the seller or the buyer elects to return the vehicle to Beepi under the 10-day money back guarantee described below.

The buyer and Beepi will mutually execute appropriate sales agreement(s) memorializing the terms of the sale. A buyer can pay for the vehicle by check, credit card, bitcoin or bank transfer. Payment is due at the time of delivery of the vehicle.  All vehicles delivered to a buyer will be either free and clear of any liens previously attached to the vehicle or the lien release process will have already commenced with prior lien holders.  At the time of delivery, Beepi will give all required notifications and disclosures.

While Beepi expects to be able to offer delivery within several days of most purchases, there are certain circumstances outside of Beepi’s control that may delay delivery. For example, if the seller is out of town, Beepi may be unable to obtain the vehicle until the seller returns. Accordingly, Beepi cannot offer a guaranteed delivery timeframe at the time of reservation and quoted delivery times are subject to change.

Each vehicle sold by Beepi comes with a 10-day money back guarantee. This means that, as long as (i) the vehicle has not been driven more than a total of 1,000 miles (the “Mileage Limit”), and (ii) the vehicle is in the same condition it was in at the time of delivery (collectively the “Money Back Guarantee Conditions”), a buyer can, within 10 days of delivery, return the vehicle to Beepi and receive a full refund.  As long as the Money Back Guarantee Conditions are satisfied, the buyer may return the vehicle for any reason within 10 days of delivery. Beepi does not offer partial refunds and will not renegotiate the purchase price if the buyer is not satisfied with the vehicle. In the event the buyer is not satisfied with the vehicle for any reason, the buyer may, as long as the Money Back Guarantee Conditions are satisfied, return the vehicle within ten days of purchase and, subject to excess mileage charges described below, receive a full refund.  Buyer is solely responsible for satisfaction and payment of any liens, claims or damages in connection with the vehicle during buyer's possession, including but not limited to medical, personal injury, citations, toll, fines, or other claims.

To the extent the vehicle has been driven beyond the Mileage Limit and Beepi elects, in its sole discretion, to take back the vehicle, the refund given to the buyer will be reduced by $3.00 (three dollars) per mile. To the extent the vehicle has been damaged following delivery to the buyer, or is otherwise in worse condition than it was at the time of delivery, Beepi, in its sole discretion, may refuse to refund any portion of the purchase price, or may choose to reduce the refunded amount by the amount required to return the vehicle to its condition at the time of delivery to buyer. The amount of the deduction will be determined by Beepi in its sole discretion, and Beepi will provide an accounting to the buyer reflecting the amount of any deductions and the reason for each deduction.

(5)            Obtaining Financing for the Purchase of a Vehicle

Beepi makes financing available to buyers through Beepi’s relationships with lenders including Chase, Ally, Up2Drive and various local credit unions.  Buyers seeking financing can select that option as they navigate through the on-line reservation process.  Buyers are then asked to fill out a form on which they choose the length of the loan and down payment, and also to provide information relevant to a lender’s decision on whether and how much credit to extend, including social security and driver’s license numbers, employment status, monthly income, home ownership and mortgage payment.  Beepi provides that information to up to four potential lenders, and then sends the buyer the best rate received from those lenders.  Once a buyer accepts a rate, Beepi completes the financing application on behalf of the buyer, and, at the time is vehicle is delivered to the buyer, gets the buyer’s signature on all paperwork required by the lender.  The loan is then administered by the lender or its agent directly with the buyer.  

 

(6)            Beepi’s “Peace of Mind” Limited Warranty

Every Beepi car comes with Beepi’s 3 month, 3,000 mile Peace of Mind limited warranty, which can be found here.  This limited warranty is designed to cover various issues that might arise during the first 3 months of ownership, including major components of the engine, transmission, drive train and air conditioning system.  The limited warranty also covers roadside assistance 24 hours a day, 7 days a week, 365 days a year.  Beepi owners receive a Peace of Mind identification number that is used within the first 3 months or the first 3,000 miles of ownership if they need to call the dedicated Beepi phone number for roadside assistance or approval to have repairs made.  The 3 month, 3,000 mile Peace of Mind limited warranty is not transferrable.

 

(7)            Purchasing a Vehicle Service Contract

Beepi makes available for purchase an Extended Peace of Mind vehicle service contract (“VSC”) that begins upon expiration of the 3 month, 3,000 mile Peace of Mind limited warranty.  The VSC is underwritten by Endurance Warranty Services and is available for purchase at the time a vehicle is purchased or 90 days thereafter. The coverage applies to major components of the engine, transmission, drivetrain, air conditioning, heating, steering, suspension and electrical system.  The VSC also provides roadside assistance, rental reimbursement and trip interruption coverage.  VSC owners can contact Beepi by telephone or email 24 hours a day,7 days a week, 365 days a year to request roadside assistance, repair authorization or a recommendation for a repair shop.  Once authorized, VSC owners can take their vehicles into a repair shop of their choosing anywhere in the U.S. or Canada.  A $100 deductible applies to each claim.  The VSC is not available for purchase on certain makes and models, and on certain categories of vehicles, including electric powered or competitively driven vehicles.  The VSC can be cancelled within 30 days of purchase for a 100% refund less any claims paid.  Cancellations after 30 days of purchase are refunded on a pro-rata basis.  The VSC is transferable to a subsequent purchaser for a $50 transfer fee.  Detailed information on the VSC, including what is covered and what is excluded from coverage, and dollar or length of time limitations on certain portions of the coverage, is available here.

(8)            User Generated Content

A.     Prohibited Actions.

You are solely responsible for your communications on and your use of the Services. You agree not to do any of the following: (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program; (B) post or transmit any message, data, image, content or program that would violate any property rights of others; (C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (D) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents; (E) upload files that contain a virus or corrupted data; (F) falsify the source or origin of software or other material contained in a file that you upload to the Services; (G) falsely purport to be an employee or agent of Beepi; (H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (I) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content.

B.     Beepi’s Exclusive Right to Manage the User Submissions.

You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by Beepi in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any User Submissions from the Services at any time, for any reason or for no reason at all. Beepi reserves the right to treat User Submissions as content stored at the direction of users for which Beepi will not exercise control except to block or remove content that comes to Beepi’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to Beepi, or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to Beepi’s attention. However, Beepi shall not be responsible for controlling or editing any content, and Beepi has no contractual obligation to remove inappropriate or unlawful content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of content.

C.      License to Beepi of Your User Submissions.

You hereby grant to Beepi, and you agree to grant to Beepi, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to Beepi to your User Submissions, you also hereby grant to Beepi, and agree to grant to Beepi, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against Beepi for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this section.

D.     Representations and Warranties Related to Your User Submissions .

Each time you submit a User Submission, you represent and warrant that, as to that User Submission, (A) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit the User Submission and grant Beepi the rights to it that you are granting by this Agreement, all without any obligation to obtain consent of any third party and without creating any obligation or liability of Beepi; (B) the User Submission is accurate; (C) the User Submission does not and, as to Beepi’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; (D) the User Submission will not violate this Agreement, or cause injury or harm to any person; and (E) the User Submission complies with all applicable laws and regulations.

E.      Responsibility of Users.

You are entirely responsible for the content of, and any harm resulting from, your User Submissions. Beepi does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.

(9)            Accuracy of Website Information.

Beepi designed its website to meet your used car purchase and sale needs by providing you with accurate and up-to-date information about Beepi's inventory. Despite our best efforts, however, it is inevitable that some inaccuracies may be present. Additionally, photographs of automobiles found on the Beepi website are photographs of the actual vehicles; however, their color and general appearance may appear differently based on your monitor and color settings. Subject to applicable state or federal law, Beepi will not be responsible for errors found on this website, including but not limited to pricing errors or an incorrect statement of accessories on a particular vehicle.

Subject to applicable state or federal law, Beepi reserves the right to change product pricing without notice.

(10)         Ownership and Proprietary Rights.

All information contained in this website, unless otherwise stated, is owned solely and exclusively by Beepi. You acknowledge and agree that all contents and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, Beepi has not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of Beepi; however, vehicle information may be printed for your non-commercial, personal use only. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this website. You may not use any meta tags or any other "hidden text" utilizing Beepi's name or trademarks without the express written consent of Beepi. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website is strictly prohibited.

(11)         Intellectual Property.

Beepi is a registered trademark or service mark of Beepi, Inc. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible. All other trademarks not owned by Beepi or its subsidiaries that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Beepi.

(12)         Warranty Disclaimer.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, BEEPI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED IN THIS WEBSITE FOR ANY PURPOSE WHATSOEVER. ALL INFORMATION PROVIDED ON OUR WEBSITE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. BEEPI DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. BEEPI SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE BEEPI WEBSITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(13)         Privacy Policy

Your privacy is important to us.  Pursuant to our Privacy Policy (https://www.beepi.com/legal/privacy), Beepi provides detailed information about how it collects, uses and discloses nonpublic personal information, as well as Beepi’s policies and practices for protecting the confidentiality of that information.  These policies also explain your right as a consumer to opt out of the disclosure of nonpublic personal information, and the method for doing so. 

(14)         Dispute Resolution/Jurisdiction/ Agreement to Arbitrate .

A.     In General.

Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Beepi agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.

B.     First -- Try to Resolve Disputes and Excluded Disputes.

If any controversy, allegation, or claim arises out of or relates to the Services, the content available through the Services, your User Submissions, or this Agreement (collectively, “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if you have failed to provide us with this information or if such information is not current or accurate, then we have no obligation under this section. Your notice to us must be sent to: hello@beepi.com. For a period of 60 days from the date of receipt of notice from the other party, Beepi and you will engage in a good faith dialogue in order to attempt to resolve the Dispute, though nothing will require either you or Beepi to resolve the Dispute on terms with respect to which you and Beepi, in each party’s sole discretion, are not comfortable.

C.      Forums for Alternative Dispute Resolution.

If we cannot resolve a Dispute as set forth in above within 60 days of receipt of the notice (or, where no notice address exists for you, after such Dispute arises), then either you or we may submit the Dispute to formal arbitration in accordance with this section.

Upon expiration of the applicable 60-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than 10 years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Beepi elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of this Agreement, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award.

If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer of Beepi consents to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service.

You can obtain AAA and JAMS procedures, rules, and fee information as follows:

AAA: 800.778.7879 http://www.adr.org/

JAMS: 949.224.1810 http://www.jamsadr.com

D.     Nature, Limitations, and Location of Alternative Dispute Resolution .

In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in San Mateo, California; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, Beepi shall have the right to elect to proceed to arbitration in such location. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Beepi to pay a greater portion or all of such fees and costs in order for this section to be enforceable, then Beepi will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.

E.      Limited Time to File Claims.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH ABOVE, WHERE FEASIBLE) WITHIN 1 YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.

F.      Injunctive Relief.

The foregoing provisions of this section will not apply to any legal action taken by Beepi to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, the content available through the Services, your User Submissions and/or Beepi’s intellectual property rights, Beepi’s operations, and/or Beepi’s products or services.

G.     Small Claims Matters Are Excluded from Arbitration Requirement .

Notwithstanding the foregoing, either of us may bring a qualifying claim of Disputes in small claims court.

H.     No Class Action Matters.

You and we expressly agree that any Dispute is personal to us, and any such Dispute shall only be resolved by an individual arbitration. Neither party agrees to class arbitration, or an arbitration where a person brings a Dispute as a representative of any other person or persons. Neither you nor we agree that a Dispute can be brought as a class or representative action outside of arbitration, or on behalf of any other person or persons. The parties agree that a Dispute may only be resolved through an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding.

I.       Federal and State Courts.

Except to the extent that arbitration is required above, any action or proceeding relating to any Dispute may only be instituted in state court in San Mateo County, California or federal court in San Francisco, California. Accordingly, you and Beepi consent to the exclusive personal jurisdiction and venue of such courts for such matters.

J.       Applicable Law.

This Agreement will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflict of law provisions.

(15)         Usage and Ownership of Customer Information.

All information submitted to Beepi through our website becomes and remains the property of Beepi. Consequently, we may use any information you submit for any purpose we deem appropriate in accordance with this Agreement and our Privacy Policy.

(16)         Violations of the Agreement.

In the event you violate or attempt to violate any part of this Agreement, Beepi reserves the right to terminate your access to this website immediately, at our sole discretion, with or without notice of any kind. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit in accordance with the section above or criminal prosecution for any and all alleged or actual illegal activities involving this website.

(17)         Indemnification.

You agree to indemnify, defend, and hold harmless Beepi from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to your use of this website that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.

(18)         Severability and Integration

In the event any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect. You understand and agree that this Agreement, including all documents incorporated herein by reference, represents the entire agreement governing your use of this website, the mobile app, or the Services. This Agreement may not be modified, either expressly or by implication, except as set forth below in Section 15.

(19)         Modification/Termination

Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (A) by obtaining our written consent in a notarized agreement signed by an officer of Beepi; or (B) as set forth in the next paragraph.

You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to this Agreement by: (1) posting a notice on the Beepi.com website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on Beepi.com the first time that you visit Beepi.com following such revisions or modifications; or (2) through a direct communication to you by email, if you have provided an email address to us. You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on Beepi.com (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications.

(20)         Website Material and Information.

This site includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. Unless specifically stated otherwise, we make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this website, and you should not rely on it without independent verification. Please bring to our attention any materials or information that you believe to be inaccurate by forwarding to hello@beepi.com both the information you believe to be inaccurate, and the basis for that belief.

(21)         Links to Third Party Websites.

The Services may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk, and Beepi is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites. These links may also lead to Third Party Websites containing information that some people may find inappropriate or offensive. The Third Party Websites are not under the control of Beepi and, as such, Beepi is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. The inclusion of any links to Third Party Websites on Beepi does not imply an endorsement or recommendation by Beepi. Beepi is not responsible for any form of transmission received from any link, nor is Beepi responsible if any of these links are not working appropriately. You are responsible for viewing and abiding by any privacy statements and terms of use posted in c1onnection with Third Party Websites, and these Third Party Websites are not governed by this Agreement.

(22)         Reservation of Rights.

Any and all rights not expressly granted to you in this Agreement are hereby reserved by Beepi.