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Terms and Conditions

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TERMS OF USE

 

Effective date: 1/1/2018


Thank you for visiting this Site, which is owned and operated by Vantastic
Mobility Sales, LLC. These Terms of Use govern your use of this Site.

 

YOUR ACCEPTANCE OF THESE TERMS OF USE


These Terms of Use apply to all users of this Site. By using this Site you are
agreeing to comply with and be bound by these Terms of Use. If you do not
agree to these Terms of Use, you may not access or use this Site.


YOUR ACCEPTANCE OF OUR PRIVACY POLICY


By agreeing to these Terms of Use, you agree to the terms of our Privacy
Policy, which is expressly incorporated herein. Before using this Site, please
carefully review our Privacy Policy. All information provided to us as a result of
your use of this Site will be handled in accordance with our Privacy Policy. To
the extent, there are inconsistencies between these Terms of Use and our
Privacy Policy, these Terms of Use control.


YOUR CONSENT TO OTHER AGREEMENTS


When you sign up to use a special feature of this Site, you may be asked to
agree to special terms governing your use of the special feature. In such
cases, you may be asked to expressly consent to the special terms, for
example, by checking a box or clicking on a button marked “I agree.” This type
of agreement is known as a “click-through” agreement. If any of the terms of
the click-through agreement are different than the terms of these Terms of
Use, the terms of the click-through agreement will supplement or amend this
these Terms of Use, but only with respect to the matters governed by the
“click-through agreement.”


OWNERSHIP OF THIS SITE AND ITS CONTENT


This Site, including all its Content, are protected under applicable intellectual
property and other laws, including without limitation the laws of the United
States and other countries. All Content and intellectual property rights therein
are the property of Vantastic Mobility Sales, LLC or the material is included
with the permission of the rights owner and is protected pursuant to applicable
copyright and trademark laws.

The presence of any Content on this Site does not constitute a waiver of any
right in such Content. You do not acquire ownership rights to any such
Content viewed through this Site. Except as otherwise provided herein, none
of this Content may be used, copied, reproduced, distributed, republished,
downloaded, modified, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and
use this Site and to display, download, or print portions of this Site on a
temporary basis and for your personal, educational, non-commercial use only,
provided that you (i) do not modify the Content; (ii) you retain any and all
copyright and other proprietary notices contained in the Content; and (iii) you
do not copy or post the Content on any network computer or broadcast the
Content in any media.


TRADEMARKS


Vantastic Mobility Sales, LLC names and logos (including, but not limited
to,  all product and service names, all graphics, all button icons, and all trademarks,
service marks and logos appearing within this Site, unless otherwise noted,
are trademarks (whether registered or not), service marks and/or trade dress
of Vantastic Mobility Sales, LLC (“Vantastic Mobility Sales, LLC Marks”).
All other trademarks, product names, Vantastic Mobility Sales, LLC, logos, service
marks and/or trade dress mentioned, displayed, cited or otherwise indicated
within this Site are the property of their respective owners. You are not
authorized to display or use Vantastic Mobility Sales, LLC Marks in any
manner without our prior written permission. You are not authorized to display
or use trademarks, product names, Vantastic Mobility Sales, LLC, logos, service
marks and/or trade dress of other owners featured within this Site without the
prior written permission of such owners. The use or misuse of VANTASTIC
MOBILITY SALES, LLC  Marks or other trademarks, product names, Vantastic
Mobility Sales, LLC, logos, service marks and/or trade dress or any other materials
contained herein, except as permitted herein, is expressly prohibited.


RESPONSIBILITY FOR USER-GENERATED CONTENT POSTED ON OR THROUGH
THIS SITE


You are responsible for User-Generated Content that you post. Under no
circumstances will we be liable in any way for any UGC.

This means that you, not Vantastic Mobility Sales, LLC are entirely
responsible for all UGC that you post and that you can be held personally
liable for comments that are defamatory, obscene, or libelous, or that violate
these Terms of Use, an obligation of confidentiality, or the rights of others. If
any part of the UGC you post is not your original work, it is your responsibility
to obtain any necessary permission to post it.
Because we do not control the UGC posted on or through this Site, we cannot
and do not warrant or guarantee the truthfulness, integrity, suitability, or
quality of that UGC. You also agree and understand that by accessing this
Site, you may encounter UGC that you may consider to be objectionable. We
have no responsibility for any UGC, including without limitation any errors or
omissions therein. We are not liable for any loss or damage of any kind you
may claim was incurred as a result of the use of any UGC posted, emailed,
transmitted or otherwise made available on or through this Site. The UGC
posted on or through this Site expresses the personal opinions of the
individuals who posted it and does not necessarily reflect the views of
Vantastic Mobility Sales, LLC, or any person or entity associated with
Vantastic Mobility Sales, LLC.
You own User-Generated Content, but we may use it. You own the copyright
in any original UGC you post. We do not claim any copyrights in UGC.
However, by using this Site you are granting us and our subsidiaries, affiliates,
successors and assigns, a non-exclusive, fully paid, worldwide, perpetual,
irrevocable, royalty-free, transferable license (with the right to sublicense
through unlimited levels of sublicensees) to use, copy, modify, distribute,
publicly display and perform, publish, transmit, remove, retain repurpose, and
commercialize UGC you post in any and all media or form of communication
whether now existing or hereafter developed, without obtaining additional
consent, without restriction, notification, or attribution, and without
compensating you in any way, and to authorize others to do the same. For
this reason, we ask that you not post any UGC that you do not wish to license
to us, including any photographs, videos, confidential information, or product
ideas.
We may disclose and/or remove User-Generated Content. VANTASTIC
MOBILITY SALES, LLC has certain rights. We have the right (but do not assume
the obligation) to:

  • monitor all UGC;
  •  require that you avoid certain subjects;
  •  remove or block any UGC at any time without notice at our sole and absolute

discretion;

  •  disclose any UGC and the identity of the user who posted it in response to a

subpoena or whenever we believe that disclosure is appropriate to comply
with the law or a court order, to prevent or investigate a possible crime or
other violation of law, to protect the rights of Vantastic Mobility Sales, LLC,
or others, or to enforce these Terms of Use; and

  • terminate your access to and use of this Site, or to modify, edit or block your

transmissions thereto in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners
of UGC you post, and that you will retain ownership thereof as described
above.
Restrictions on User-Generated Content. It is a condition of these Terms of
Use that you do not:

  • upload, post, transmit or otherwise make available
  • any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing,

libelous, defamatory, obscene, vulgar, pornographic, profane, racially
disparaging, indecent, or invasive of another’s privacy;

  •  any UGC that constitutes or encourages activity illegal under criminal or civil

law;

  • any UGC that is false, misleading, or fraudulent;
  • any UGC that you do not have a right to make available under any law or

under contractual or fiduciary relationships (such as inside information or
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);

  •  any UGC that violates or infringes upon the rights of others, including UGC

which violates the patent rights, copyrights, trademark rights, privacy rights,
publicity rights, trade secret rights, confidentiality rights, contract rights, or any
other rights of any individual, living or deceased, or any legal entity;

  • any UGC that contains the image, name or likeness of anyone other than

yourself, unless (i) that person is at least eighteen years old and you have first
obtained his/her express permission or (ii) that person is under eighteen years
old but you are his/her parent or legal guardian;

  • any request for or solicitation of any personal or private information from any

individual;

  • any request for or solicitation of money, goods, or services for private gain;
  •  any material that contains software viruses or any other computer code, files

or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; or

  • any UGC that contains advertising, promotions or marketing, or which

otherwise has a commercial purpose;

  •  impersonate any person or entity or falsely state or otherwise misrepresent

your affiliation with a person or entity; or

  • violate any local, state, national or international law, rule or regulation.

By posting User-Generated Content, you represent and warrant that (i) you
own or otherwise control all of the rights to the UGC and have the right to
grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and
(iii) you have read and understood—and your UGC fully complies with—these
Terms of Use and applicable laws and will not cause injury to any person or
entity.


REMOVAL OF CONTENT


In general. You can seek removal of objectionable UGC by contacting us
using the information provided below. We will review all such requests and will
remove UGC that we determine should be removed, in our sole discretion and
in accordance with these Terms of Use and applicable law. Please be aware,
however, that if the UGC has already been distributed to other websites or
published in other media, we will not be able to recapture and delete it. Also, a
back-up or residual copy of the UGC we remove from this Site may remain on
backup servers.
Violation of copyrights. Vantastic Mobility Sales, LLC, does not knowingly
violate or permit others to violate the copyrights of others. We will promptly
remove or disable access to material that we know is infringing or if we
become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your
copyrights, please note that the Digital Millennium Copyright Act of 1998 (the
“DMCA”) provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S. copyright law. If you
believe that your own work, or the work of a third party for whom you are
authorized to act, is featured on this Site or has been otherwise copied and
made available on this Site in a manner that constitute copyright infringement,
please notify us immediately. Your notice must be in writing and must include

  •  an electronic or physical signature of the copyright owner or of the person

authorized to act on behalf of the owner of the copyright interest;

  •  a description of the copyrighted work that you claim has been infringed;
  •  a description of where the material that you claim is infringing is located on

this Site (including the URL, title and/or item number if applicable, or other
identifying characteristics);

  •  your name, address, telephone number, and email address, and, if you are

not the owner of the copyright, the name of the owner; and

  •  a written statement by you that you have a good-faith belief that the disputed

use is not authorized by the copyright owner, its agent, or the law; and

  • a statement by you, made under penalty of perjury, that the above information

in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.


Your statement must be sent to: VantasticMobility@gmail.com


Any notification by a copyright owner or a person authorized to act on its
behalf that fails to comply with requirements of the DMCA shall not be
considered sufficient notice and shall not be deemed to confer upon us actual
knowledge of facts or circumstances from which infringing material or acts are
evident.


YOUR FEEDBACK


Although we do not claim ownership of User-Generated Content you post
using this Site, the Feedback you provide to us through this Site will be and
remain our exclusive property. Your submission of Feedback will constitute an
assignment to us of all worldwide rights, title, and interests in your Feedback,
including all copyrights and other intellectual property rights in your Feedback.
We will be entitled to reduce to practice, exploit, make, use, copy, disclose,
display or perform publicly, distribute, improve and modify any Feedback you
submit for any purpose whatsoever, without restriction and without
compensating you in any way. For this reason, we ask that you not send us
any Feedback that you do not wish to assign to us.


YOUR OBLIGATIONS


In consideration of your use of this Site, you agree that to the extent you
provide personal information to Vantastic Mobility Sales, LLC, it will be true,
accurate, current, and complete and that you will update all personal
information as necessary.
To the extent you create an account through this Site, you understand and
agree that any account you create, including your username and password,
are personal to you and may not be used by anyone else. You are responsible

for maintaining the confidentiality of your username and password and are
fully responsible for all activities that occur under your username and
password by you or by anyone else using your username and password,
whether or not authorized by you. You agree to change your password
immediately if you believe your password may have been compromised or
used without authorization. You also agree to immediately inform us of any
apparent breaches of security such as loss, theft or unauthorized disclosure or
use of your username or password by contacting us using the information
provided below. Until we are so notified you will remain liable for any
unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable
rules and regulations. You agree not to upload or transmit through this Site
any computer viruses, trojan horses, worms or anything else designed to
interfere with, interrupt or disrupt the normal operating procedures of a
computer. Any unauthorized modification, tampering or change of any
information or any interference with the availability of or access to this Site is
strictly prohibited. We reserve all rights and remedies available to us.


DISCLAIMERS


WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT
TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE
AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND
ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE
PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST
EXTENT PERMITTED BY LAW, Vantastic Mobility Sales, LLC, ITS
FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND
LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE,
CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN
ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND
ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH
THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
Vantastic Mobility Sales, LLC, ITS AFFILIATES, AND THEIR SERVICE
PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND
WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE
SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS
ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL
OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS
SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH
THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING
VIRUSES).
Vantastic Mobility Sales, LLC does not endorse and is not responsible for
statements, advice, and opinions made by anyone other than authorized
Vantastic Mobility Sales, LLC spokespersons. WE DO NOT ENDORSE
AND ARE NOT RESPONSIBLE FOR ANY statements, advice or opinions
CONTAINED IN USER-GENERATED CONTENT AND SUCH statements,
advice AND opinions DO NOT IN ANY WAY REFLECT THE STATEMENTS,
ADVICE AND OPINIONS OF Vantastic Mobility Sales,LLC. WE DO NOT
MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE
POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE
COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU
ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS,
DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL
HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN
WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF
WARRANTIES MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON
BEHALF OF OUR DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES,
AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS,
EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES
OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING,
WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE;
LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR
PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD
PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS
SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH
PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU
CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE
INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE
AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES
THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED
TEN DOLLARS ($10.00).
This Site gives you specific legal rights and you may also have other rights
which vary from country to country. Some jurisdictions do not allow certain
kinds of limitations or exclusions of liability, so the limitations and exclusions
set out in these Terms of Use may not apply to you. Other jurisdictions allow
limitations and exclusions subject to certain conditions. In such a case the
limitations and exclusions set out in these Terms of Use shall apply to the
fullest extent permitted by the laws of such applicable jurisdictions. Your
statutory rights as a consumer, if any, are not affected by these provisions,
and we do not seek to exclude or limit liability for fraudulent
misrepresentation.


LINKS TO THIRD-PARTY WEBSITES


This Site may provide links to other websites operated by third parties.
Because we have no control over third-party websites, we are not responsible
for the availability of those websites and do not endorse and are not
responsible or liable for any content, advertising, services, products, or other
materials on or available from such websites. Vantastic Mobility Sales, LLC
shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or reliance
on any content, advertising, services, products, or other materials on or
available from such websites. These Terms of Use do not apply to your use of
third-party websites; your use of such websites is subject to the terms and
policies of the owner of such websites.


MODIFICATION AND DISCONTINUATION


We reserve the right at any time and from time-to- time to modify, edit, delete,
suspend or discontinue, temporarily or permanently this Site (or any portion
thereof) and/or the information, materials, products and/or services available
through this Site (or any part thereof) with or without notice. You agree that we
shall not be liable to you or to any third party for any such modification,
editing, deletion, suspension or discontinuance of this Site.


WAIVER

Our failure at any time to require performance of any provision of these Terms
of Use or to exercise any right provided for herein will not be deemed a waiver
of such provision or such right. All waivers must be in writing. Unless the
written waiver contains an express statement to the contrary, no waiver by of
any breach of any provision of these Terms of Use or of any right provided for
herein will be construed as a waiver of any continuing or succeeding breach of
such provision, a waiver of the provision itself, or a waiver of any right under
these Terms of Use.


SEVERABILITY


If any provision of these Terms of Use is held by a court of competent
jurisdiction to be contrary to law, such provision will be changed and
interpreted so as to best accomplish the objectives of the original provision to
the fullest extent allowed by law and the remaining provisions of these Terms
of Use will remain in full force and effect.


GOVERNING LAW, JURISDICTION AND VENUE


These Terms of Use will be governed under the laws of the State of North
Carolina without regard to its conflicts of law provisions. All actions or
proceedings arising out of or relating to these Terms of Use will be venued
exclusively in state or federal court in the City of Monroe and County of Union
County, North Carolina. You hereby irrevocably consent and submit to the
personal jurisdiction of said courts for all such purposes. However, we retain
the right to bring legal proceedings in any jurisdiction where we believe that
infringement of these Terms of Use is taking place or originating.
INDEMNITY
You agree to indemnify, defend and hold harmless The VANTASTIC
MOBILITY SALES, LLC, its subsidiaries, franchises and affiliates, and their
respective officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys’ fees, made by any
third party due to or arising out of your use of this Site in violation of these
Terms of Use and/or arising from a breach of these Terms of Use and/or any
breach of your representations and warranties set forth above and/or if any
material that you post using this Site causes us to be liable to another.


THESE TERMS OF USE MAY CHANGE

 

These Terms of Use are current as of the effective date set forth above.
Vantastic Mobility Sales, LLC reserves the right to change these Terms of
Use from time to time consistent with applicable laws and principles. These
changes will be effective as of the date we post the revised version on this
Site. Your continued use of this Site after we have posted the revised Terms
of Use constitutes your agreement to be bound by the revised Terms of Use.
If at any time you choose not to accept these Terms of Use, you should not
use this Site.


ENTIRE AGREEMENT


These Terms of Use (together with our Privacy Policy and any Privacy Notices
or click-through agreements applicable to you) contain the entire
understanding and agreement between you and VANTASTIC MOBILITY
SALES, LLC with respect to this Site and supersede all previous communications,
negotiations, and agreements, whether oral, written, or electronic, between
you and Vantastic Mobility Sales, LLC with respect to this Site and your use
of this Site.


DEFINITIONS


The term “Content” refers to all of the software and code comprising or used
to operate this Site, and all of the text, photographs, images, illustrations,
graphics, sound recordings, video and audio-video clips, and other materials
available on this Site, including User-Generated Content and Feedback.
The terms “Vantastic Mobility Sales, LLC,” “we,” “us,” and “our” refer to
Vantastic Mobility Sales, LLC.
The term “Feedback” refers to all of the text, photographs, images,
illustrations, graphics, sounds, video and audio-video clips, and other content
you post on or through this Site that is specifically about how we can improve
this Site and the products and services we make available through this Site.
The term “including” means “including, but not limited to.”
The term “Site” refers to any website owned by Vantastic Mobility Sales, LLC on
which these Terms of Use are posted.
The term “User-Generated Content” or “UGC” means all of the text,
photographs, images, illustrations, graphics, sounds, video and audio-video
clips, and other content you post using the functionality on this Site that allows

you to publicly post that content, communicate with other users, or otherwise
engage in social networking activities and that does not constitute “Feedback.”


QUESTIONS


If you have any questions about this Site or these Terms of Use, please
contact us using the following information: (704) 839-0492 or by mail
Vantastic Mobility Sales, LLC 5923 Stockbridge Dr. Suite D, Monroe, NC
28110.

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