Buyer’s Agreement

Ustrive Inc. (Ustrive) offers services through the domain www.cartfly.com and www.ustrive.com and related sub-domains (referred to individually and jointly as the “Site”). One opportunity you have is to purchase products and services from profile owners on the Site. This document outlines the terms, provisions and policies regarding your purchases on the Site. By using the services and features (the “Services”) offered through the Site, you are accepting and agreeing to (“your acceptance”) the terms, provisions, and policies (the “terms”) outlined in this document (the “Buyer’s Agreement”). If you do not agree to the terms of this Buyer’s Agreement, then do not use the Site or the Services offered on the Site.

Indemnity

You may use our Services, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singularly or collectively, the “Content”) solely in connection with the intended purposes of the Site.

You will not hold Ustrive Inc., cartfly.com or ustrive.com responsible for other users' actions or inactions, including things they post or sell. You acknowledge that this Site is a venue to allow anyone to offer or seek a variety of goods and/or services and to function as an on-line community designed to facilitate valuable professional and personal networking among its users based on common interests. We are not involved in the actual transactions between the users. We have no control over and do not guarantee the quality, safety or legality of the goods or services advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. You will not hold Ustrive Inc. responsible for other users' actions or inactions, including things they post. You acknowledge that Ustrive, cartfly.com or ustrive.com are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores and fixed price formats.

You agree to indemnify and hold Ustrive Inc., cartfly.com or ustrive.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including attorney fees and court costs, made by any third party due to or arising out of the Content you submit, post or make available through the Site or your use of the Site.

Limitations of Liability

YOU AGREE UNDER NO CIRCUMSTANCES SHALL USTRIVE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF USTRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE USTRIVE SITE(S) OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE USTRIVE SITE(S) OR THE SERVICE, FROM INABILITY TO USE THE USTRIVE SITE(S) OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE USTRIVE SITE(S) OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE USTRIVE SITE(S) OR THE SERVICE OR ANY LINKS ON THE USTRIVE SITE(S), AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE USTRIVE SITE(S) OR THE SERVICE OR ANY LINKS ON THE USTRIVE SITE(S). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMIATIONS MAY NOT APPLY.

Excessive Shipping Charging Policy

Sellers may charge reasonable shipping and handling fees to cover the costs for mailing, packaging, and handling the items they sell. While Ustrive Inc. will not prescribe exactly what a seller may or may not charge, cartfly.com or ustrive.com will rely on member reports and its own discretion to determine whether a seller’s shipping, handling, packaging, and/or insurance charges are excessive. Shipping and handling fees may not be listed as a percentage of the final sale price. Sellers who want to be sure they are in compliance with this policy may charge actual shipping costs plus actual packaging materials cost (or less). In addition to the final listing price, sellers are permitted to charge:

Actual shipping cost: This is the actual cost (i.e. postage) for shipping the item.

Handling fee: Actual packaging materials costs may be charged. A handling fee in addition to actual shipping cost may be charged if it is not excessive.

Tax: Only actual applicable federal, state, country, city, VAT, and equivalent taxes may be charged.

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED BY USTRIVE INC ON AN "AS IS" AND "AS AVAILABLE" BASIS. USTRIVE INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, USTRIVE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USTRIVE.COM AND CARTFLY.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CARTFLY.COM OR USTRIVE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USTRIVE INC, CARTFLY.COM OR USTRIVE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Notice and Opportunity to Cure

In the event Ustrive.com or Cartfly.com shall conclude (on its own or as the result of communication from a buyer or web site user) that Seller has violated any provision of this Agreement, then Ustrive Inc. shall notify Seller of the violation. Seller shall have 20 calendar days from the date of notice to cure the violation to the satisfaction of ustrive.com. In the event the Seller has not cured the violation within this 20 day period, then Ustrive.com may take any one or more of the following actions:

  • Cancel product or service listing

  • Revoke account privileges

  • Suspend account

  • Freeze account administration features

  • Refer matter to Law Enforcement

Contacting the Web Site

If you have any question about the User Agreement, the Services or practices of this Site, or your dealings with this web site, please email us at contact@cartfly.com or contact@ustrive.com . If your questions are not answered online, you may write us at:

Ustrive Incorporated

201 East Southern Avenue

Suite 210

Tempe, Arizona 85283

Revisions to the Buyer’s Agreement

The provisions of this Buyer’s Agreement may be changed from time to time. Except as stated otherwise, changes take effect when we post them on the Site. When using particular Services on the Site, you are subject to any unique posted policies or rules applicable to specific Services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Buyer’s Agreement. This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Law and Forum for Disputes

This Buyer’s Agreement shall be governed in all respects by the laws of the State of Arizona as they apply to agreements entered into and to be performed entirely within Arizona between Arizona residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Ustrive Inc. must be resolved by a court located in Phoenix, AZ. You agree to submit to the personal jurisdiction of the courts located within Phoenix, AZ for the purpose of litigating all such claims or disputes.

End of Buyer’s Agreement