Terms of Use

Introduction

This website (the “Site”) is operated by our dealership and powered by Dealer Inspire, Inc. (“DI”). By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Use (the “Terms”). These Terms further include the Privacy Policy available via link in the footer of our Site which is incorporated by reference. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT USE THE SITE. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND YOU AGREE TO BE BOUND BY THEM.

Site Content

By agreeing to these Terms, our dealership grants you a limited license to access and use the Site for your personal use. Copyright and other intellectual property laws protect all of the information and content available on this Site (collectively, “Content”). The Content is owned by our dealership and/or its licensors and suppliers (which may include consumers (including you as the case may be), moving companies, advertisers, agencies service providers, content providers, vendors, and others) (collectively, “Licensors and Suppliers”). You may interact with or download a single copy of any portion of the Content for your personal, non-commercial use, but you may not reproduce, sell, publish, distribute, modify, display, perform, re-post, transmit, or otherwise use any portion of the Content in any other way or for any other purpose without our prior written consent.

Trademarks

You acknowledge that the Content includes certain trademarks and service marks owned by us, as well as Licensors and Suppliers, and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any permitted copies of the Content. Our name and logo are trademarks and proprietary to us.

Software

Please note that all software programming, including without limitation, all HTML and other code contained in this Site (collectively, “Software”), is owned by us, DI, and/or our respective Licensors and Suppliers and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any reproduction, redistribution, publication, display, or other unauthorized use of the Software without our express written consent is prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

License

Although we do not claim ownership of any of the lead data, communications, reviews, ratings, photos, information, data, text, or other materials you give us (collectively, the “Materials”), and unless otherwise agreed in writing signed by us, by submitting any Materials to us or via the Site, you hereby grant to us and DI an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Materials and to prepare derivative works of the same or incorporate into other works, and to exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future, and the right to sublicense the foregoing rights through multiple tiers. You further grant to us and DI a royalty-free right and license to use your name, image, and/or likeness in advertising and in connection with the licensed rights for the Materials.

Dealer and Manufacturer Incentives and Offers

Vehicles advertised on this Site may include information about third-party special offers, incentives, or pricing programs associated with a specific brand, model, or vehicle (“Offers”). We are not responsible for the content of any such Offers, nor responsible for any errors or omissions in Offer contents or descriptions. Users of the Site should contact the manufacturer for full details on any such Offers, including eligibility requirements, limitations and restrictions, and availability.

Used vehicle pricing is subject to all rebates and incentives available to customers. License, title, taxes, and documentary service fees may be excluded from vehicle prices shown and must be paid by the purchaser. While great effort is made to ensure the accuracy of the information on this Site, errors do occur so please verify information with a customer service rep. You may not qualify for all Offers, incentives, discounts, or financing. Offers, incentives, discounts, or financing are subject to expiration and other restrictions. Please contact us for qualifications and complete details.

Special Prohibitions Applicable to Leads and Submitted Content

Additionally, by submitting a lead or request for information, and in addition to the other agreements, representations, and warranties made herein, you further represent, warrant, and agree you will not:

1. Submit any Materials which are patently offensive, vulgar, or defamatory, which display pornographic or sexually explicit material of any kind, or which may include content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
2. Impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity (including misrepresenting a relationship with us), or otherwise attempt to mislead others as to identity.
3. Submit Materials that contain restricted or password-only access pages, or hidden pages or images.
4. Submit Materials that provide instructional information about illegal activities, which violate someone’s privacy, or which create or facilitate the creation of computer viruses or other malware.

Copyrights and Copyright Agents

It is our policy to respond to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this Site:

Dealer Inspire
c/o Cars.com
Attn: Privacy at Customer Care
300 S. Riverside, Suite 1000
Chicago, IL 60606

Email: Privacy@DealerInspire.com
Telephone: 855.357.4677 and asking for Privacy at Dealer Inspire

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Interactive Areas

The Site may offer forums, blogs, comment areas, bulletin boards, and chat rooms (collectively, “Forums”) that are intended to provide users 18 years of age and older with an interesting and stimulating forum in which they can express their opinions and share their ideas. MCR does not endorse the accuracy or reliability of any advice, opinion, statement, or information posted on the Forums or in consumer reviews. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive, or hateful language. You may not use the Forums for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold MCR responsible for any third party’s use of information contained in such posting.

Registration

As a condition of any account registration with us, you agree to provide us with true, accurate, current, and complete information as may be prompted by our registration forms; and you further agree to update and maintain the truthfulness, accuracy, and completeness of such information. We may assign you a user ID and a password in connection with registration. Your user ID and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password and are fully responsible for all activities that occur under your user ID and password. By completing formal registration and creating an account with us, you may be asked to consent to receive auto-dialed and/or pre-recorded telemarketing calls (including, without limitation, SMS (text) messages) from or on behalf of us or our partners at the telephone number(s) (including your wireless number, if applicable); you understand that such consent is an option and not a condition of purchase.

Rights

Given the nature of the Site and the volume of leads, reviews, and other Content submitted, we cannot and does not monitor all Content or Materials posted or transmitted by you and/or other third-party providers via the Site. You expressly acknowledge and agree that we: (a) will not be liable for Materials and (b) reserves the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability, without notice to you and without providing a refund.

Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the Site:

1. Engaging in activities or submitting Materials that could be harmful to minors.
2. Engaging in activity or submitting Materials that harass or advocate harassment of another person.
3. Engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, and email addresses, without their consent.
4. Engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users.
5. Engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes.
6. Using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the Content contained in the Site, or for any other unauthorized purpose.
7. Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.
8. Decompiling, reverse engineering, or disassembling the Software or attempting to do so.
9. Taking any action that imposes an unreasonable or disproportionately large load on the Site or hardware and software infrastructure or that of any of our Licensors or Suppliers.
10. Attempting to gain unauthorized access to the Site, other user accounts, or other connected computer systems or networks.
11. Taking any action which may violate any applicable local, state, national or international laws.
12. Taking any action which might undermine the Site, DI, and/or us.

Disclaimer

All Materials posted on, transmitted through, or linked through the Site, are the sole responsibility of the person from whom such Materials originated. We do not control and are not responsible for Content or Service Provider Content made available through the Site. We have no obligation to screen, preview, monitor, or approve any Materials. However, we reserve the right to review and delete any Materials which, in our sole judgment, violate these Terms. By using the Site, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks associated with the use, accuracy, usefulness, completeness, or appropriateness of any Materials and/or Content that you submit, receive, access, transmit or otherwise convey through and/or to us. Under no circumstances will we be liable in any way for any Materials or the Content or conduct of any third party. We retain the right, in our sole discretion, to determine whether or not your use of the Site is consistent with these Terms. We may suspend, restrict or terminate your use of the Site and refuse any future use of all or portions of the Site if your use breaches or fails to comply with any of these Terms.

Representations and Warranties

You hereby represent and warrant that: (a) you have all necessary authority, rights, and permissions to submit the Materials and grant the licenses described in these Terms, (b) the Materials are accurate, current, and complete, (c) the Materials do not and shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of a third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Site shall not violate any applicable law or regulation, or cause injury to any person, and (e) your use of the Site shall not violate any agreements between you and a third party.

Indemnification

You agree to indemnify and hold us, DI, our respective Licensors and Suppliers, and their respective officers, directors, employees, agents, and contractors are harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Materials you provide, (b) your use of the Site or your reliance on the Content, (c) your breach of these Terms (including, without limitation, your breach of any representation, warranty and/or agreement contained herein), or (d) any actual, prospective, completed, or terminated purchase, sale or other transaction.

Warranty Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. THE SITE, SOFTWARE, AND CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND MCR AND ITS LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NON-INFRINGEMENT. MCR AND ITS THIRD-PARTY LICENSORS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, SOFTWARE, AND CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE OR ERROR-FREE. ALL CONSUMER REVIEW INFORMATION AVAILABLE ON THIS SITE IS SUPPLIED BY THIRD PARTIES. MCR CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, THE PHRASE “LICENSORS AND SUPPLIERS” DOES NOT INCLUDE YOU.

Limitation of Liability

NEITHER WE, DI, NOR OUR RESPECTIVE LICENSORS AND SUPPLIERS SHALL, IN ANY EVENT, BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, SOFTWARE, OR CONTENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: (a) YOUR USE OR INABILITY TO USE THE SITE; (b) ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; (c) ANY INTERRUPTIONS OR DELAYS IN TRANSMISSION; OR (d) COMPUTER VIRUSES. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF US, DI, AND/OR OUR RESPECTIVE LICENSORS AND SUPPLIERS TO YOU FOR ANY CLAIM EXCEED THE GREATER OF THE AMOUNT YOU PAID TO USE THE SITE IN THE MONTH PRECEDING THE CLAIM GIVING RISE TO LIABILITY OR ONE-HUNDRED DOLLARS ($100). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, THE PHRASE “LICENSORS AND SUPPLIERS” DOES NOT INCLUDE YOU.

Termination of Service

You understand and agree that in our sole discretion, and without prior notice, your access to this Site or any portion thereof may be terminated, and we may exercise any other remedy available if we believe that your use of the Site and/or any Materials you provided violate: (i) these Terms, (ii) the rights of us, DI, and/or any third party, or any user of the Site, or (iii) any law, rule or regulation, or are otherwise objectionable or inappropriate for any reason. You agree that monetary damages may not provide a sufficient remedy for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement of a bond. We are not required to provide any refund to you if you are terminated as an authorized user of the Site or any portion thereof.

Miscellaneous

We may modify, suspend, discontinue, or restrict the use of any portion of the Site without notice or liability. We retain all rights, titles, and interests in and to User Data (as defined in the Privacy Policy). The Site may include links to other Web sites not established or supervised by us and we are not responsible for any linked sites. These Terms will be governed by and construed in accordance with the laws of the State of domicile of our dealership, without regard to conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the subject matter of these Terms must be filed within one (1) year after the cause of action arises or the cause is barred. As a condition of using this Site, you agree that all causes of action arising out of or connected with these Terms shall be resolved individually, without resort to any form of class action. Headings used in these Terms are for convenience only and shall have no interpretive effect. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of these Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect. Any failure to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision of these Terms. These Terms constitute the entire agreement between us and you regarding the subject matter hereof. These Terms shall not be construed as creating a partnership, joint venture, or agency relationship or granting a franchise between the parties. In the event of any conflict between these Terms and any separate written agreement between you and us, the terms of the written agreement shall control.

Changes to these Terms

We reserve the right to update and periodically amend these Terms at our discretion and at any time. If we make changes to these Terms, amendments will be posted online, and the date of the update will be included. Your continued use of this site and affiliated sites after any such update indicates your agreement to the same.

Contact Us

If you have any questions or comments about these Terms, please do not hesitate to contact us using the contact information available on this site. You may also direct requests to our service provider, Dealer Inspire, at Privacy@DealerInspire.com or call Dealer Inspire at 855.357.4677.

©2021

Last Updated December 2, 2021