READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS AND MAY AFFECT THE LEGAL RIGHTS AND OBLIGATIONS OF THOSE WHOM YOU CAN BIND IN CONTRACT, SUCH AS YOUR PRINCIPAL OR EMPLOYER. THE FOLLOWING ALSO LIMITS YOUR RIGHTS TO RESOLVE DISPUTES USING THE COURTS.


User Marketplace-Integrity Warranties

You warrant and understand that the discount specified in a request for a new car or truck is from the starting Manufacturer's Suggested Retail Price for the specified make and model and that the discount specified in a request for a used car or truck is from retail market value at the time the car or truck is offered for sale by the dealer, for that particular car or truck, according to its condition, mileage, trim, and options, in the dealer's zip code, as appraised in the current National Automobile Dealers Association price guide. Specified discounts exclude any taxes, title fees, registration fees, financing costs, and destination charges.

You warrant and understand that any request seeks a completed purchase of a car or truck by a buyer within a reasonable time and as supplies allow and that the dealer may require a reservation, which may require a non-refundable deposit due from the buyer and forfeit should a reserved car or truck not be purchased by the buyer when offered by the dealer for a completed purchase.

You warrant and understand that any request you submit for a new car or truck is for any model year and that the age you may specify in any request for a used car or truck is the number of years from the calendar year in which you submit the request to the model year of the requested car or truck. Your request, you warrant and understand, remains for the model year originally requested even if your request expires in a calendar year following the year in which you made the request. For the purpose of this paragraph, a calendar year is construed not to begin until after the first date for request expiration in an actual calendar year or on the December 31 immediately prior thereto.

You warrant that any information you provide through beatmymonth.com or its services or utilities is accurate, including all contact and credit-score information.


User Assent

By reviewing, using, scrolling, or interacting with beatmymonth.com or its services or utilities in any way, by doing so beyond reviewing the first page of beatmymonth.com on which the link to these Terms of Use appear, by scrolling or clicking within any page of beatmymonth.com, or by pressing a button or checking a checkbox indicating your agreement to these Terms of Use (which you agree shall constitute your express assent), you irrevocably agree to these Terms of Use and to the practices disclosed or allowed for in the Privacy Policy, which are incorporated herein by reference; notwithstanding, however, that you do not so agree or assent if your review, use, or interaction with beatmymonth.com or its services or utilities includes only clicking on a link to these Terms of Use without reviewing, using, scrolling, or interacting with any page but these Terms of Use, but only if none of the provisions of the paragraph below headed "Nondiscrimination and Notice of Modification or Termination" would continue to apply to you when bound by these Terms of Use within twenty-four hours after opening, navigating to, interacting with, reviewing, or scrolling these Terms of Use, in which case the provisions of this sentence after the semicolon before "notwithstanding" will not apply. For the purpose of determining assent to these Terms of Use, "BROWSE" shall include any scroll or click of or within beatmymonth.com or its services or utilities and, subject to the foregoing sentence, shall constitute assent to these Terms of Use immediately and at the moment of such scroll or click. YOU AGREE THAT YOUR ASSENT TO THESE TERMS OF USE, INCLUDING ALL SUCH ASSENT AS SET FORTH IN THIS PARAGRAPH, IS PERMANENT AND IRREVOCABLE.


Consideration

All disclaimers and limitations herein are exchanged in consideration of the unique service offered and the unique constraints inherent in building and operating a double-blind auction-matching platform system as well as the low price charged you for the service relative to the potential benefit you may accrue through realizing a sale of or a discount on an expensive consumer good.


Parties

All used in these Terms of Use or the Terms of Sale (except this paragraph, in which "you" means the party accessing beatmymonth.com or its services or utilities and its subsidiaries, successors, assignees, principals, agents, and any other party you have the legal capacity to bind to the these Terms of Use or the Terms of Sale), "you" refers to you, any of your subsidiaries, agents, affiliates, principals, contractors, consultants, partners, personal or business associates, or any company operated or owned (in whole or in part) by you. YOU AGREE THAT THIS DEFINITION OF "YOU" SHALL IMPOSE ON YOU AN OBLIGATION TO RESTRAIN OR SEEK TO RESTRAIN BY CONTRACT, DIRECTION, PRECAUTION, DEMAND, NEGOTIATION, REQUEST, OR ANY OTHER PRACTICABLE MEANS ANY OTHER PARTY TO THE EXTENT NECESSARY UNDER THE APPLICABLE LAW TO GIVE THIS DEFINITION AND ALL THE OBLIGATIONS AND RELEASES SET FORTH IN THESE TERMS OF USE AND THE TERMS OF SALE THEIR FULL LEGAL AND PRACTICAL EFFECT. Website Operator is BeatMyMonth, LLC or any other party it chooses.


Definitions

Except as provided in the Terms of Sale and as applicable, for the purpose of these Terms of Use, "buyer" shall include a user of beatmymonth.com or its services or utilities submitting a request to buy a car or truck; "dealer" shall include any such user submitting a request to offer for sale a car or truck; and "car or truck," "cars or trucks," "car and truck," and "cars and trucks" shall include any automobile specified in a request. "He" and "his" includes, as relevant, any legal person or entity.


Other User Warranties

YOU WARRANT TO WEBSITE OPERATOR THAT YOU ARE USING AND INTERACTING WITH BEATMYMONTH.COM OR ITS SERVICES OR UTILITIES FOR THE SOLE PURPOSE OF SEEKING TO BUY A CAR OR TRUCK OR OFFERING FOR SALE A CAR OR TRUCK YOU HAVE AVAILABLE FOR SALE, AND THAT YOU ARE PERUSING NO END OR PURPOSE CONTRARY TO THE COMPETITIVE, ECONOMIC, OR BUSINESS INTERESTS OF WEBSITE OPERATOR OR ANY USER OF BEATMYMONTH.COM OR ITS SERVICES OR UTILITIES. YOU WARRANT THAT YOU WILL SUBMIT A BUYER REQUEST ONLY IF YOUR PURPOSE IS TO SEEK TO BUY A CAR OR TRUCK FROM ANOTHER USER AND THAT YOU WILL SUBMIT A DEALER REQUEST ONLY IF YOUR PURPOSE IS TO OFFER TO SELL A CAR OR TRUCK TO ANOTHER USER. YOU WARRANT THAT YOUR USE AND INTERACTION WITH BEATMYMONTH.COM OR ITS SERVICES OR UTILITIES IS IN NO SENSE "SPAM" AND THAT ALL SUCH USE AND INTERACTION IS AUTHENTIC AND NOT AUTOMATED. YOU WARRANT THAT ANY CONTACT INFORMATION YOU PROVIDE TO WEBSITE OPERATOR THROUGH ANY USE OR INTERACTION IS AUTHENTIC AND THAT IT MAY BE USED TO REACH YOU IN A TIMELY WAY. YOU FURTHER WARRANT THAT YOU WILL NEITHER SEEK NOR ACCEPT (EITHER KNOWINGLY, NEGLIGENTLY, OR OTHERWISE) ANY INFORMATION, MATERIAL, SERVICE, OR OTHER BENEFIT FROM ANYONE WHO HAS, IS, OR WILL ACT IN A WAY SUCH THAT, WERE HE YOU, HIS ACT WOULD VIOLATE THE WARRANTY SET FORTH IN THIS PARAGRAPH. YOU AGREE THAT SUBSEQUENT OPERATION OR OWNERSHIP OF (IN WHOLE OR IN PART), CONSULTATION WITH, SUPPORT OF, OR DERIVATION OR ACCEPTANCE OF REVENUE OR THING OR INFORMATION OF VALUE FROM, A BUSINESS, APPLICATION, OR WEBSITE SIMILAR OR SUBSTANTIALLY SIMILAR TO BEATMYMONTH.COM OR ITS SERVICES OR UTILITIES OR THAT GENERATES REVENUE FROM SOURCES OR IN WAYS SIMILAR OR SUBSTANTIALLY SIMILAR TO BEATMYMONTH.COM OR ITS SERVICES OR UTILITIES—INCLUDING IN MARKETS FOR PRODUCTS OTHER THAN CARS OR TRUCKS AND IN ANY WAY INCLUDING AN ANONYMOUS DEALER OR OTHER SELLER INVITED TO OFFER DISCOUNTS VIA AN ONLINE SYSTEM TO BUYERS OF GOODS OR SERVICES UNDER A MOTIVE TO SACRIFICE GROSS MARGIN FOR VOLUME AND ANY ONLINE SYSTEM DYNAMICALLY GENERATING COMMISSIONS OR PRICES FOR SALES LEADS OR BUYER CONTACT INFORMATION FROM REAL-TIME MARKET INPUTS—SHALL CONSTITUTE AN IRREBUTTABLE PRESUMPTION AND CONCLUSIVE EVIDENCE, INCLUDING EVIDENCE ADMISSIBLE IN ANY FORUM OR COURT OF LAW, INCLUDING AS A PARTY ADMISSION OR ADMISSION AGAINST INTEREST, THAT YOU HAVE BREACHED THE WARRANTY SET FORTH IN THIS PARAGRAPH, AND THAT THIS EVIDENCE, COMBINED WITH ANY EVIDENCE THAT YOU HAVE ACCESSED BEATMYMONTH.COM OR ITS SERVICES OR UTILITIES AT ANY TIME, INCLUDING IN THE PAST OR IN THE FUTURE, OR OTHERWISE BECAME AWARE AT ANY TIME, INCLUDING IN THE PAST OR IN THE FUTURE, OF BEATMYMONTH.COM OR ITS SERVICES OR UTILITIES, SHALL CONSTITUTE DISPOSITIVE AND IRRREBUTTABLE EVIDENCE OF SUCH BREACH. YOU AGREE TO PRODUCE IMMEDIATELY TO WEBSITE OPERATOR UPON REQUEST AND AT YOUR SOLE EXPENSE AND IN ANY FORMAT SPECIFIED BY WEBSITE OPERATOR FOR WEBSITE OPERATOR'S CONVENIENCE ALL IP ADDRESSES, OPERATING SYSTEMS, AND BROWSER, HEADER, AND HARDWARE CONFIGURATIONS AND PROFILES FROM WHICH OR WITH WHICH YOU ACCESSED THE INTERNET (AND IDENTIFICATIONS OF ALL ASSOCIATIONS AMONG EACH) AND ALL ASSOCIATED NETWORK ACCESS TRANSLATION DATA AND MEDIA ACCESS CONTROL ASSIGNMENTS AND ALL EMAIL ADDRESSES WITH WHICH YOU CONDUCTED BUSINESS OR ACTED WITHIN THE COURSE AND SCOPE OF YOUR EMPLOYMENT OR AGENCY AT ANY TIME BEFORE SUCH REQUEST AND AFTER AUGUST 2021. YOU EXPRESSLY DISCLAIM AND WAIVE AND AGREE TO DISCLAIM AND WAIVE IMMEDIATELY UPON DEMAND BY WEBSITE OPERATOR ANY CLAIM, RIGHT, OR DEFENSE, LEGAL OR OTHERWISE, YOU MAY OTHERWISE ASSERT TO PREVENT A THIRD PARTY FROM RELEASING TO WEBSITE OPERATOR INFORMATION IDENTIFYING YOU FROM AN IP ADDRESS, DOMAIN NAME, EMAIL ADDRESS, OR ANY OTHER INFORMATION SPECIFIED IN THE SENTENCE IN THE PARAGRAPH ABOVE BEGINNING WITH "YOU AGREE TO PRODUCE IMMEDIATELY." YOU AGREE TO PAY NON-EXCLUSIVE MONEY DAMAGES DUE AND PAYABLE TO WEBSITE OPERATOR IMMEDIATELY UPON DEMAND EQUAL TO ONE-HALF THE APPLICABLE SUM SET FORTH TWO PARAGRAPHS BELOW IF YOU REFUSE TO PROVIDE TO WEBSITE OPERATOR ALL SUCH EMAIL ADDRESSES, IP ADDRESSES, OR ANY OTHER INFORMATION SPECIFIED IN THE SENTENCE ABOVE BEGINNING WITH "YOU AGREE TO PRODUCE IMMEDIATELY." YOU AGREE THAT SHOULD ANY EMAIL ADDRESS OR IP ADDRESS MATCHING THE CRITERIA DEFINED ABOVE MATCH ANY IP ADDRESS FROM WHICH, OR EMAIL ADDRESS WITH WHICH, BEATMYMONTH.COM OR ITS SERVICES OR UTILITIES HAVE AT ANY TIME, INCLUDING IN THE PAST OR IN THE FUTURE, BEEN ACCESSED OR USED, THEN THAT FACT SHALL BE CONSIDERED DISPOSITIVE AND IRREBUTTABLE EVIDENCE, INCLUDING EVIDENCE ADMISSIBLE IN ANY FORUM OR COURT OF LAW, INCLUDING AS A PARTY ADMISSION OR ADMISSION AGAINST INTEREST, THAT YOU HAVE BREACHED THE WARRANTY SET FORTH IN THIS PARAGRAPH. YOU WARRANT AND AGREE THAT ANY ACCESS OR USE OF BEATMYMONTH.COM OR ITS SERVICES OR UTILITIES FROM ANY IP OR EMAIL ADDRESS ASSOCIATED WITH YOUR EMPLOYER OR PRINCIPAL IS WITHIN THE COURSE AND SCOPE OF YOUR EMPLOYMENT OR AGENCY AND THAT SUCH ACCESS OR USE SHALL BE CONSIDERED DISPOSITIVE AND IRREBUTTABLE EVIDENCE, INCLUDING EVIDENCE ADMISSIBLE IN ANY FORUM OR COURT OF LAW, INCLUDING AS A PARTY ADMISSION OR ADMISSION AGAINST INTEREST, THAT YOU HAVE BREACHED THE WARRANTY SET FORTH IN THIS PARAGRAPH IN THE COURSE AND SCOPE OF YOUR EMPLOYMENT OR AGENCY AND UPON THE AUTHORITY, ACTUAL AND APPARENT, GRANTED TO YOU BY YOUR EMPLOYER OR PRINCIPAL.

YOU AGREE THAT ANY ECONOMIC BENEFIT (TO INCLUDE PAST AND PROJECTED REVENUE AND, IN ADDITION, THE ACCRETION OF VALUE, REGARDLESS OF ANY OTHER DECREASE, TO A BUSINESS INTEREST—WHICH SHALL, IF APPLICABLE, BE MEASURED BY THE PRICE TO GROSS-EARNINGS MULTIPLE IN A MARKET FOR SUCH INTEREST SUCH AS A STOCK MARKET AT THE TIME OF DEMAND BY WEBSITE OPERATOR MULTIPLIED BY SUCH REVENUE FROM ANY TIME SELECTED BY WEBSITE OPERATOR AND ANNUALIZED) ACCRUING TO YOU OR OTHERS IN THE COURSE OF OR AS A RESULT OF YOUR BREACH, CONSTRUCTIVE OR ACTUAL, OF THE WARRANTY SET FORTH IN THE PARAGRAPH ABOVE SHALL BE, IN ADDITION TO A SUM TIPPLE OF SUCH BENEFIT, CHARGEABLE TO YOU IN WEBSITE OPERATOR'S FAVOR, AND YOU EXPRESSLY RELINQUISH ANY RIGHT TO CONTEST OR RESIST SUCH CHARGE OR LIABILITY IN ANY FORUM OR BY ANY MEANS AND SUCH CHARGE SHALL BE DUE AND PAYABLE TO WEBSITE OPERATOR IMMEDIATELY UPON DEMAND WITH THE AMOUNT OF SUCH BENEFIT TO BE DETERMINED IN THE SOLE AND EXCLUSIVE JUDGMENT OF WEBSITE OPERATOR. YOU FURTHER AGREE THAT YOUR BREACH, CONSTRUCTIVE OR ACTUAL, OF THE WARRANTY SET FORTH IN THE ABOVE PARAGRAPH SHALL RESULT IN THE FORFEITURE OF ANY RIGHTS OR CLAIMS AGAINST OR RIGHT OF RECOVERY FROM WEBSITE OPERATOR, PRESENT AND FUTURE, KNOWN AND UNKNOWN, INCLUDING CLAIMS OF INTELLECTUAL PROPERTY, THAT HAVE ACCRUED OR THAT WILL ACCRUE, OF ANY KIND, LEGAL OR EQUITABLE, WHETHER CONNECTED TO THE INSTANT TRANSACTION OR A PAST OR FUTURE ONE, WHETHER ARISING OUT OF WEBSITE OPERATOR'S NEGLIGENCE OR OTHER FAULT OR NOT.

THIS PARAGRAPH CONTAINS LIQUIDATED-DAMAGES PROVISIONS: SHOULD YOU BE GOOGLE LLC, ALPHABET INC., AMAZON.COM INC., TWITTER INC., FACEBOOK INC., MICROSOFT CORP., ANY SUBSIDIARY, AGENT, OR AFFILIATE OF ANY OF THE FOREGOING COMPANIES NAMED IN THIS SENTENCE, OPERATED OR OWNED (IN WHOLE OR IN PART) BY ANY OF THE FOREGOING COMPANIES NAMED IN THIS SENTENCE, OR A COMPANY OR PARTY VALUED AT ONE-HUNDRED AND FIFTY BILLION UNITED-STATES DOLLARS OR MORE AT TIME OF DEMAND FOR PAYMENT DESCRIBED IN THIS SENTENCE (IF APPLICABLE ACCORDING TO MARKET CAPITALIZATION), OR ANY SUBSIDIARY, AGENT, OR AFFILIATE THEREOF, OR OPERATED OR OWNED (IN WHOLE OR IN PART) THEREBY, YOU AGREE TO PAY TO WEBSITE OPERATOR LIQUIDATED BUT NOT EXCLUSIVE DAMAGES OF A MINIMUM OF FIVE-HUNDRED MILLION UNITED-STATES DOLLARS, DUE AND PAYABLE TO WEBSITE OPERATOR IMMEDIATELY UPON DEMAND, AS PARTIAL DAMAGES FOR ANY BREACH (CONSTRUCTIVE OR ACTUAL) OF THE WARRANTY SET FORTH IN THE FIRST PARAGRAPH OF THIS SECTION, HEADED "OTHER USER WARRANTIES," AND AS A CONDITION OF YOUR EXERCISE OR PRESENTATION OF ANY CLAIM OR DEFENSE IN RELATION TO THESE TERMS OF USE OR TO THE PAYMENT OF ANY SUMS YOU AGREE IN THESE TERMS OF USE ARE DUE AND PAYABLE TO WEBSITE OPERATOR IMMEDIATELY UPON DEMAND. SHOULD YOU BE AUTONATION INC., CARGURUS, INC., CARMAX, INC., CARSNOOP LLC, CARS.COM INC., CARVANA CO., COX AUTOMOTIVE, INC., TRUECAR, INC., VROOM, INC., ANY SUBSIDIARY, AGENT, OR AFFILIATE OF ANY OF THE FOREGOING COMPANIES NAMED IN THIS SENTENCE, OPERATED OR OWNED (IN WHOLE OR IN PART) BY ANY OF THE FOREGOING COMPANIES NAMED IN THIS SENTENCE, OR A COMPANY OR PARTY VALUED AT FIFTEEN BILLION UNITED-STATES DOLLARS OR MORE AT TIME OF DEMAND FOR PAYMENT DESCRIBED IN THIS SENTENCE (IF APPLICABLE ACCORDING TO MARKET CAPITALIZATION), OR ANY SUBSIDIARY, AGENT, OR AFFILIATE THEREOF, OR OPERATED OR OWNED (IN WHOLE OR IN PART) THEREBY, YOU AGREE TO PAY TO WEBSITE OPERATOR LIQUIDATED BUT NOT EXCLUSIVE DAMAGES OF A MINIMUM OF ONE-HUNDRED MILLION UNITED-STATES DOLLARS, DUE AND PAYABLE TO WEBSITE OPERATOR IMMEDIATELY UPON DEMAND, AS PARTIAL DAMAGES FOR ANY BREACH (CONSTRUCTIVE OR ACTUAL) OF THE WARRANTY SET FORTH IN THE FIRST PARAGRAPH OF THIS SECTION, HEADED "OTHER USER WARRANTIES," AND AS A CONDITION OF YOUR EXERCISE OR PRESENTATION OF ANY CLAIM OR DEFENSE IN RELATION TO THESE TERMS OF USE OR TO THE PAYMENT OF ANY SUMS YOU AGREE IN THESE TERMS OF USE ARE DUE AND PAYABLE TO WEBSITE OPERATOR IMMEDIATELY UPON DEMAND. SHOULD YOU BE VALUED AT LESS THAN FIFTEEN BILLION UNITED-STATES DOLLARS AT TIME OF DEMAND FOR PAYMENT DESCRIBED IN THIS SENTENCE (IF APPLICABLE ACCORDING TO MARKET CAPITALIZATION), OR ANY SUBSIDIARY, AGENT, OR AFFILIATE THEREOF, OR OPERATED OR OWNED (IN WHOLE OR IN PART) THEREBY, YOU AGREE TO PAY TO WEBSITE OPERATOR LIQUIDATED BUT NOT EXCLUSIVE DAMAGES THE GREATER OF FIFTY MILLION UNITED-STATES DOLLARS OR THE SUM OF UNITED-STATES DOLLARS EQUAL TO THE VALUE OF YOU AT TIME OF DEMAND FOR PAYMENT DESCRIBED IN THIS SENTENCE (IF APPLICABLE ACCORDING TO MARKET CAPITALIZATION) DIVIDED BY ONE HUNDRED, DUE AND PAYABLE TO WEBSITE OPERATOR IMMEDIATELY UPON DEMAND, AS PARTIAL DAMAGES FOR ANY BREACH (CONSTRUCTIVE OR ACTUAL) OF THE WARRANTY SET FORTH IN THE FIRST PARAGRAPH OF THIS SECTION, HEADED "USER WARRANTY," AND AS A CONDITION OF YOUR EXERCISE OR PRESENTATION OF ANY CLAIM OR DEFENSE IN RELATION TO THESE TERMS OF USE OR TO THE PAYMENT OF ANY SUMS YOU AGREE IN THESE TERMS OF USE ARE DUE AND PAYABLE UPON DEMAND. SHOULD TWO SUMS SET FORTH ABOVE IN THIS PARAGRAPH APPLY AS DAMAGES, ONE HIGHER AND THE OTHER LOWER, THE HIGHER SHALL BE THE SUM DUE AND PAYABLE TO WEBSITE OPERATOR IMMEDIATELY UPON DEMAND UNDER THE AFOREMENTIONED PROVISIONS OF THIS PARAGRAPH. YOU FURTHER AGREE THAT SHOULD YOU TRANSMIT OR CAUSE TO BE TRANSMITTED ANY INFORMATION RELATED TO BEATMYMONTH.COM OR ITS SERVICES OR UTILITIES TO ANYONE ELSE WHO ACTS IN SUCH A MANNER AS WOULD VIOLATE THE WARRANTY SET FORTH IN THE FIRST PARAGRAPH OF THIS SECTION, HEADED "OTHER USER WARRANTIES," WHERE HE YOU, OR WHO TRANSMITS OR CAUSES TO BE TRANSMITEED SUCH INFORMATION TO ANOTHER WHO DOES SO, THE LIQUIDATED DAMAGES, NON-EXCLUSIVE, SET FORTH IN THIS PARAGRAPH SHALL BE CHARGEABLE TO YOU IN FAVOR OF WEBSITE OPERATOR AND SHALL BE DUE AND PAYABLE TO WEBSITE OPERATOR IMMEDIATELY UPON DEMAND IN ADDITION TO THE SUM SET FORTH ONE PARAGRAPH ABOVE, BOTH AS CALCULATED AS IF YOU WERE HE. SHOULD YOU BE ANY COMPANY NAMED IN THIS PARAGRAPH OR TO WHICH THE PROVISIONS OF THIS PARAGRAPH APPLY, YOU EXPRESSLY WARRANT THAT YOUR ATTORNEY HAS REVIEWED THESE TERMS OF USE AND THAT YOU HAVE HAD THE BENEFIT OF HIS COUNSEL IN DETERMINING WHETHER TO BE BOUND BY THESE TERMS OR TO REVIEW, USE, OR INTERACT WITH BEATMYMONTH.COM OR ITS SERVICES OR UTILITIES IN ANY WAY. NO LIQUIDATED DAMAGES SET FORTH IN THIS PARAGRAPH, EVEN IF DUE AND PAYABLE, SHALL DIMINISH SUMS ELSEWHERE SET FORTH AS DUE AND PAYABLE OR OTHERWISE CHARGEABLE TO YOU IN FAVOR OF WEBSITE OPERATOR; HOWEVER, YOU WARRANT AND AGREE THAT ALL SUCH LIQUIDATED DAMAGES ARE TO RECOMPENSE ECONOMIC HARM. YOU AGREE THAT THE HIGHER OF THE AMOUNTS SET FORTH IN THIS PARAGRAPH REASONABLY APPROXIMATE WEBSITE OPERATOR'S ACTUAL DAMAGES AND YOU AGREE TO THE LIQUIDATED-DAMAGES AMOUNTS AS REASONABLY APPROXIMATE ACTUAL DAMAGES FOR THE REASON THAT WEBSITE OPERATOR'S ACTUAL DAMAGES MAY BE BOTH TOO HIGH FOR YOU TO PAY WITHOUT GOING INSOLVENT AND MAY BE TOO DIFFICULT TO ASCERTAIN ANYMORE SPECIFICALLY. YOU AGREE THAT NO LIQUIDATED-DAMAGES AMOUNT SET FORTH IN THIS PARAGRAPH IS A PENALTY.

You expressly and knowingly warrant that for the purpose of Pub. L. Nos. 108–187, 15 U.S.C. Sections 7701–7713, 16 CFR Section 316, any other related federal rule enacted thereunder, any state analogue or related federal or state law having a similar purpose, and any other purpose related to the determination of spam, all emails you receive from Website Operator informing you of matches with buyers or dealers or otherwise related to the services you request constitute transactional or relationship content. You further warrant expressly and knowingly that all such emails each have the primary purpose, inter alia, of (1) facilitating, completing, or confirming a commercial transaction that you have previously agreed to enter into with Website Operator; (2) to deliver goods or services, including product updates or upgrades, that you are entitled to receive under the terms of a transaction that you previously agreed to enter into with Website Operator; and (3) to provide at regular periodic intervals account balance information or other type of account statement with respect to an ongoing commercial relationship involving the ongoing purchase or use by you of products or services offered by Website Operator.

You warrant that you possess exclusive access and license to the email account associated with any email address you submit to beatmymonth.com or its services or utilities, that you are the agent of any entity conducting business or other operations with email addresses having the same top-level domain as the email address you submit (i.e., having the same principal text following the "@" symbol in the address), and that you have the authority as agent to bind such entity to all provisions of these Terms of Use and the Terms of Sale.

You warrant that you are at least eighteen years old.


Data Breach

You acknowledge, warrant, and agree that Website Operator stores or retains no information concerning you that is private or sensitive and that the release or disclosure of information concerning you Website Operator does store or retain can cause you no damage whatsoever; and, you expressly waive any right (including any statutory right) and disclaim any privilege to be notified by Website Operator of any release or disclosure of any information concerning you stored or retained by Website Operator, whether such release or disclosure is authorized or unauthorized, even if resulting from a data breach or computer-hacking event.


Identity and Enforcement

YOU AGREE TO PRODUCE IMMEDIATELY TO WEBSITE OPERATOR UPON REQUEST OF WEBSITE OPERATOR FOR ANY REASON RELATED TO INVESTIGATING A BREACH OR SUSPECTED BREACH EITHER BY YOU OR ANYONE ELSE OF THESE TERMS OF USE OR THE TERMS OF SALE—NO MATTER THE REASON FOR THE SUSPICION OR WHETHER THERE IS NO SUCH REASON—ALL DETAILS OF YOUR IDENTITY, INCLUDING DETIALS SUFFICIENT TO COMPLETE VALID SERVICE OF PROCESS UPON YOU IN ANY FORUM. YOU EXPRESSLY DISCLAIM AND WAIVE AND AGREE TO DISCLAIM AND WAIVE IMMEDIATELY UPON DEMAND BY WEBSITE OPERATOR ANY CLAIM, RIGHT, OR DEFENSE, LEGAL OR OTHERWISE, YOU MAY OTHERWISE ASSERT TO RESIST THE PRODUCTION OF THE DETAILS OF YOUR IDENTITY FROM EITHER YOU OR A THIRD PARTY. YOU AGREE THAT ANY RELIEF, EQUITABLE OR LEGAL, INCLUDING AN INJUNCTION AND A PENALTY FOR CIVIL CONTEMPT, SHALL BE MEANS AVAILABLE TO ENFORCE THESE TERMS OF USE AND THE TERMS OF SALE, AND YOU EXPRESSLY CONSENT TO THE PERSONAL JURISDICTION OF ANY FORUM FOR THE PURPOSE OF SUBJECTING YOURSELF TO SUCH RELIEF. YOU EXPRESSLY DISCLAIM AND WAIVE THE RIGHT TO NOTICE OF, OR TO BE JOINED OR INTERPLEADED IN, ANY ACTION, LEGAL OR EQUITABLE, INSTITUTED BY WEBSITE OPERATOR AGAINST ANY THIRD PARTY SEEKING THE DETAILS OF YOUR IDENTITY.


Limitation on Liability

In no event shall Website Operator be liable for negligence, gross negligence, other tortious conduct, or any other conduct of a non-purposeful, non-intentional, or non-willful nature. YOU WAIVE ALL CLAIMS, PRESENT AND FUTURE, KNOWN AND UNKNOWN, INCLUDING CLAIMS OF INTELLECTUAL PROPERTY, THAT HAS ACCRUED OR THAT WILL ACCRUE, OF ANY KIND, LEGAL OR EQUITABLE, WHETHER CONNECTED TO THE INSTANT TRANSACTION OR A PAST OR FUTURE ONE, WHETHER ARISING OUT OF WEBSITE OPERATOR'S NEGLIGENCE OR OTHER FAULT OR NOT, AGAINST WEBSITE OPERATOR.


Consent to Be Contacted

You expressly consent to be contacted by Website Operator or a third party for any purpose, including the purpose of marketing, at any email address or phone number you provide to Website Operator. You further expressly consent to receive calls or text messages at any phone number provided, whether a mobile number or a landline, and you warrant that you understand that you may incur fees from your telephone or cellular-service provider as a consequence of being contacted via voice or text at such number, and that such fees shall be your sole responsibility. You warrant and understand that provision of a phone number is not required to use beatmymonth.com or its services or utilities.


Disclaimer of Warranties

To the extent the following would otherwise attach in your favor, ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. There are NO EXPRESS WARRANTIES in your favor.


Damages Limitation

In no event shall Website Operator be liable for consequential, incidental, punitive, or economic damages. Whatever remedy to which you may be entitled shall be limited to your purchase price, less any taxes and payment-processing fees.


Suit Limitation

Any lawsuit or other action, whether judicial, administrative, or private, arising from your purchase or these Terms of Use or the Terms of Sale must be brought within ninety days of the cause of action accruing or be barred, unless a shorter time is otherwise provided. The law of Pennsylvania shall apply to the suit-limitation clause in this paragraph. Notwithstanding that clause, any refund or chargeback sought, including through the payment processor for your payment or your payment-card issuer or card sponsor, such as your bank, must be sought within twenty-four hours of purchase, or the amount of any such completed refund or chargeback shall be chargeable to you in favor of Website Operator.


Choice of Law and Venue

You agree that Website Operator does not acknowledge that you are located in or doing business in any particular state, location, or forum. This is for several reasons, including that you may submit requests for discounts or contact information from users across geographic areas. For similar reasons, you agree that Website Operator does not acknowledge that its instant business activities avail themselves of any particular state, geographic area, or forum. Website Operator, you agree, reserves the exclusive option to represent otherwise than as stated in this paragraph based on newly evaluated or presented facts. You acknowledge that you supply to Website Operator no information that fixes your physical location or the state, location, or forum in which you are doing business.

You agree that all disputes concerning your remedies at law or equity for any claim, whether or not arising out of the use of BeatMyMonth.com or its services or utilities, including your remedies to collect judgments by any legal or equitable means, including but not limited to lien, execution, motion, joinder, amendment of judgment, foreclosure, or charging order, from Website Operator, its parent, or any of its subsidiaries, affiliates, or owners, shall be governed and restricted by the laws of Wyoming; and, that the application of Wyoming law as provided in this paragraph shall prevail notwithstanding any contrary laws concerning the choice-of-laws in the laws of the United States or the laws of any state or forum.


Arbitration and Class-Action Waiver

YOU AGREE, AT WEBSITE OPERATOR'S SOLE AND EXCLUSIVE OPTION, TO SUBMIT TO BINDING ARBITRATION TO RESOLVE ANY DISPUTES ARISING FROM YOUR USE OF, OR ANOTHER'S USE OF, OR THE OPERATION OF, BEATMYMONTH.COM OR ITS SERVICES OR UTILITIES OR THESE TERMS OF USE OR THE TERMS OF SALE AND TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT CONCERNING SUCH USE OR OPERATION OR SUCH TERMS OF USE OR SALE. Your agreement to the foregoing provision waives your right to peruse any remedies in any lawsuit or other action, whether judicial, administrative, or private, and waives your right to any discovery, including any pre- or post-complaint discovery, and a jury trial.


License

Website Operator owns all intellectual-property rights for all information or content on beatmymonth.com. All intellectual-property rights are reserved. You may not copy, republish, redistribute, sell, rent, or sub-license any information or content published, provided through, or derived or obtained from beatmymonth.com or its services or utilities. Any license you grant to Website Operator in any information or content you submit to beatmymonth.com or its services or utilities is irrevocable. You grant all intellectual-property rights to Website Operator in all content you submit to beatmymonth.com or its services or utilities.


Nondiscrimination and Notice of Modification or Termination

If you have or will have relationship with Website Operator, whether contractual or informal, business or personal, including as a supplier of electronic or financial services to Website Operator, you agree that such relationship shall continue only on terms no less favorable to Website Operator than fair and nondiscriminatory terms. You further agree that such relationship may not be terminated or modified by you in any manner resulting from or due to a disagreement, including disagreements personal, political, or ideological, and including disagreements with you or any other party, that are not, at the time of the formation of the relationship, expressly and strictly germane to the existing relationship and, in the case of a relationship in any part contractual, expressly contemplated by any contract between you and Website Operator related to the relationship. YOU MAY NOT TERMINATE OR MODIFY ANY BUSINESS RELATIONSHIP YOU HAVE OR WILL HAVE WITH WEBSITE OPERATOR, WHETHER CONTRACTUAL OR INFORMAL, AS A SUPPLIER OR VENDOR OF BUSINESS SERVICES TO WEBSITE OPERATOR, INCLUDING ELECTRONIC OR FINANCIAL SERVICES, BEFORE A PERIOD OF ONE-HUNDRED AND TWENTY DAYS HAS ELAPSED AFTER SENDING NOTICE SPECIFYING THE BUSINESS RELATIONSHIP TO BE TERMINATED OR MODIFIED AND THE PRECISE NATURE OF SUCH TERMINATION OR MODIFICATION TO ENSUE AND AFTER YOU HAVE RECEIVED NOTICE FROM WEBSITE OPERATOR OF RECEIPT OF SUCH NOTICE. NO TERMINATION OR MODIFICATION OF SUCH RELATIONSHIP IS EFFECTIVE UNLESS IT HAS BEEN NOTICED IN ADVANCE AS REQUIRED BY THE FOREGOING SENTENCE. ANY CONTRACTS BETWEEN YOU AND WEBSITE OPERATOR, WHETHER ALREADY FORMED OR FORMED IN THE FUTURE, ARE HEREY MODIFIED OR RESCINDED TO THE EXTENT AND ONLY TO THE EXTENT NECESSARY TO BRING ALL SUCH CONTRACTS INTO COMPLIANCE WITH THE PROVISIONS OF THIS PARAGRAPH. This paragraph shall not be construed to be an oral modification. Breach of any obligation by you set forth in this paragraph shall be construed as, and shall constitute conclusive and irrebuttable evidence of, your breach of the implied covenant of good faith and fair dealing attached to any contractual relationship aforementioned in this paragraph and seperate from these Terms of Use or the Terms of Sale.


No Estoppel

Failure of Website Operator to enforce any provision of these Terms of Use or the Terms of Sale shall not render any provision thereof unenforceable by Website Operator.


Rescission of Agreements

If you have or will have a contract or agreement with Website Operator, including as a supplier of electronic or financial services to Website Operator, any arbitration agreement, indemnity agreement to the extent chargeable against Website Operator, or class-action waiver purported to be by Website Operator contained therein, not including the arbitration agreement set forth in the section above headed "Arbitration and Class-Action Waiver" or the defense-and-indemnity agreement set forth in the section below headed "Defense and Indemnity," is rescinded. This paragraph shall not be construed to be an oral modification.


Conformity of Agreements

If you have or will have a contract or agreement with Website Operator, including as a supplier of electronic or financial services to Website Operator, any provisions contained therein are modified or rescinded to the extent necessary for all provisions of that contract or agreement to be consistent with all provisions of these Terms of Use or the Terms of Sale. This paragraph shall not be construed to be an oral modification.


Modification

These Terms of Use and the and the Terms of Sale and Privacy Policy may be materially modified by Website Operator from time to time without any prior notice and with no notice but the change to the text of these policies, which are always available in their latest versions at www.beatmymonth.com.


Defense and Indemnity

You agree to defend and indemnify Website Operator from or for any claim or damage related to, alleged to be related to, arising out of, or alleged to arise out of, in whole or in part, your use of or interaction with beatmymonth.com or its services or utilities, whether or not such use or interaction constitutes or is alleged to constitute negligence, other fault or tortious conduct, or a breach of these Terms of Use or the Terms of Sale. A claim or damage is alleged to relate to or arise out of such use or interaction when, among other possible circumstances, you are named in the same claim or complaint as Website Operator or are named in a complaint related in fact, either in actuality or under the allegations of that claim or complaint, to a claim or complaint, actual or potential, naming Website Operator. This obligation includes the agreed to, assessed, or paid sums of settlement or judgment. This obligation includes the provision of, and reimbursement of attorneys' fees and costs for, the defense of legal claims, and it includes all claims or damages, including economic damages and any claims or damages arising out of or alleged to arise out of, in whole or in part, the negligence, other fault or tortious conduct, or breach of contract of Website Operator.


Penalty

You agree that your failure to pay any sums due when payable will result in an additional sum chargeable to you in favor of Website Operator as a penalty equal to the amount of compound interest to accrue on the due amount of fifteen percent per annum in excess of the prime rate published in the Wall Street Journal on January 1 of the year for which the interest is calculated, as prorated for any partial year. The running of interest set forth in this paragraph shall not be tolled for any reason, including the pendency of a legal proceeding.


Prohibitions and Requirements

You may not commit fraud, break promises, or violate any law, contract, or contractual or legal obligation in the course of using beatmymonth.com or its services or utilities.

You must read and comply with these Terms of Use.

You may not misrepresent your identity or your affiliations to Website Operator or to any other party in using beatmymonth.com or its services or utilities.

You may not use automated means, including any software or script, to download, derive, or scrape any data, information, or content, or attempt to download, derive, or scrape any data,, information, or content, held, generated, or published by beatmymonth.com or its services or utilities.

You may not scrape, crawl, or spider, or attempt to scrape, crawl, or spider any web page within or portion of beatmymonth.com or its services or utilities.

You may not automatically interact with or upload or submit data to, or attempt automatically to interact with or upload or submit data to, beatmymonth.com or its services or utilities.

You may not use bots or other automated software or scripts to access beatmymonth.com or its services or utilities.

You may not reverse-engineer, decipher, or derive, or attempt to reverse-engineer, decipher, or derive, any source code or network information underlying beatmymonth.com or its services or utilities or any pricing information or other information related to bids, asks, or other requests—including the number, type, or parameters of such requests or the number of such requests resulting in matches or sales of cars, trucks, or contact information or the parameters of such matches or sales—held, generated, or published by beatmymonth.com or its services or utilities.

You may not rent, lease, loan, trade, sell, or re-sell access to beatmymonth.com or its services or utilities or any data held, generated, or published thereby.

You may not use, collect, copy, or transfer any information, including personally identifiable information, obtained from or through the use of beatmymonth.com or its services or utilities except as permitted by these Terms of Use and the Terms of Sale.

You may not interfere with or disrupt, game, or prevent the intended function of any algorithm, process, formula, or function used to generate any data, content, or information through or for beatmymonth.com or its services or utilities.

You may not access or attempt to access beatmymonth.com or its services or utilities other than through the intended user interfaces provided thereby.

You may not circumvent or prevent the intended function of any security, spam-prevention, or data-validation filter in beatmymonth.com or its services or utilities.


Press or Public Statement

You may not issue a press release, other statement to the press, or other public statement concerning your use of or interaction with beatmymonth.com or its services or utilities.


Notice

All notice to Website Operator for whatever purpose, legal or otherwise, shall not be effective in any way, including to prejudice, modify, set, or otherwise inform the legal rights and obligations of Website Operator in relation to you, until one-hundred and twenty days has elapsed from receipt by Website Owner of such notice, and such notice shall not be effective at all unless delivered successfully at the following address: 1621 Central Avenue, Cheyenne, Wyoming 82001.

No service of legal process shall be attempted or accomplished at the address set forth in the paragraph above, and you expressly agree that no such service attempted at that address shall be effective. No presumption shall operate that Website Operator receives any notice upon its mailing. Receipt of notice shall commence at no time before a human agent of Website Operator takes possession of the printed instrument of notice received in accordance with this section entitled "Notice" and reviews its printed contents in its entirety.


Service

You expressly waive the operation of any legal service of process by you upon Website Operator such that no service of process by you shall have any legal effect upon Website Operator until one-hundred and twenty days have elapsed since by operation of law such process would otherwise be complete and effective. No service of legal process shall be attempted or accomplished at the address set forth in the section above headed "Notice" and you expressly agree that no such service attempted at that address shall be effective.


Severability and Construction

All provisions, sentences, clauses, words, or terms in these Terms of Use and the Terms of Sale shall be construed to the extent reasonable in favor of Website Operator, and should any so construed be contrary to applicable law, they shall then be re-construed to the extent enforceable and in favor of Website Operator, and should any then remain unenforceable, all others that are enforceable shall remain in effect and be construed to the extent reasonable in favor of Website Operator.


Agents, Successors, and Assigns

All provisions of these Terms of Use and, as applicable, the Terms of Sale, that apply to you also apply to your agents, successors, and assignees, including attorneys, employees, and contractors.


Merger

These Terms of Use and, as applicable, the Terms of Sale, constitute the entire agreement between you and Website Operator.


No Oral Modification

These Terms of Use and the Terms of Sale may not be supplemented or modified via oral agreement.


May 25, 2023