CarSaver Management, LLC and our affiliates ("Company", "us" or "we") have created these Terms of Service (or "Terms") for our websites and mobile applications, including GroupCars.com, AutoAmigo.com, CarSaver.com, and related subdomains (collectively, "Sites").
We operate an online and mobile automotive information and communications platform ("Services") that enables consumers to shop for vehicles from dealers and apply for insurance and financing from third party partners who participate in one of our automotive buying programs ("Partners"). Our Partners include car dealerships, auto insurance companies, financing institutions, and retail establishments, among others.
For an overview of how CarSaver works, click here.
These Terms of Service govern your use of our Sites, as well as our Services, whether you access the Services directly from the Sites or through a Partner or other third party application or website. Please read these Terms carefully –by accessing or using any part of our Sites or Services, you agree to be bound by them. If you do not accept all of these Terms, you may not access or use the Sites or Services.
In order to access certain features of our Sites or Services, you may be required to register by creating a user account. By becoming a registered user, you agree to: (a) provide and maintain accurate, current, and complete information; (b) maintain the security of your username and password; (c) assume full responsibility for any uses of and actions that take place through your account; and (d) provide us with immediate notice of any breach of security or unauthorized use of your account. Your account may be terminated and your profile and any information you have provided through the Sites or Services may be deleted, and/or you may be prohibited from using or accessing the Sites or Services, or any portion thereof, at any time, with or without notice, and for any or no reason.
Subject to your complying with these Terms, you are granted a limited, revocable, nontransferable license to access and use the Sites and Services to which you have properly gained access, solely for your information and personal, non-commercial use. Any use of the Sites or Services other than as specifically authorized by these Terms is strictly prohibited and will automatically and immediately terminate the rights and licenses granted herein. Such unauthorized use may also violate applicable laws.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property ("IP"), whether by estoppel, implication or otherwise. All content on the Sites and available through the Services is owned by or licensed to us, with all rights reserved, and is subject to and protected by copyright and other IP rights and laws.
In using the Sites or Services, you may not: (a) register an account on behalf of an individual other than yourself, impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or attempt to use another person's account; (b) copy, transmit, display, distribute, download, modify, publish, post, reproduce, or otherwise use the Sites or Services for commercial or public purposes without our prior written consent; (c) use data mining, automated scripts, robots or similar data gathering or extraction tools or processes; (d) use the Sites of Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites or Services; or (e) upload, post, transmit, share, store or otherwise make available any material that (i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or equipment or that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any law; or (ii) may, in our sole judgment, be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene, racist, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
We are not a car dealership, auto insurance company, financing institution, or retailer. Information about our Partners and their services are provided by them. While we strive to keep this Sites current, we cannot guarantee the accuracy of information provided through the Sites or Services, including, without limitation, the availability or price of any vehicles or your eligibility for any insurance, lending or financing, and are not responsible for any errors or omissions with respect to the information made available on the Sites or through the Services.
The Sites and Services, and all content contained therein are provided "AS IS", without warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Sites or Services will be uninterrupted or error free, that any specific information requested will be provided or that the Sites or Services will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of this Site, and the accuracy, timeliness or completeness of the content and Services, is assumed solely by you. Some states do not allow limitations on implied warranties, so the above limitations, in full or in part, may not apply to you.
Your use of or access to the Sites or Services may be denied at any time, without or without notice, and for any or no reason. Any of the Services may be modified or discontinued at any time, without or without notice, and for any or no reason. You agree that we will not be liable to you or any third party for any denial of access to, or modification or discontinuation of, any Services.
The Sites is controlled and operated from within the United States. We make no representation that the Sites or Services, including the information we collect, complies with the laws of any foreign jurisdictions. If you choose to access the Sites or use the Services from outside the United States, you do so at your own risk and are responsible for compliance with any applicable foreign laws.
The Sites or Services may include links to third party sites, including Partner sites. Any such third party sites, and any information provided therein, is made available to you by our Sites "AS IS", and solely for your information. Some third party services may be provided through third party sites that require you to register on those sites. Any such registration is separate from registration on this Site, and will be governed by the terms of the third party site. You acknowledge and agree that you are responsible for evaluating the risks associated with using any third party sites, content, or services and that we have no liability for any services provided on or through such third party sites and make no representations or warranties concerning the accuracy, integrity or quality of any third party sites or content. With respect to third party content or links posted on the Site, we may receive payment or other consideration, which such content may, but is not required to be, identified as "sponsored content."
All of the trademarks, trade names, service marks, logos, graphics, designs, brands, and service names ("Marks") appearing on the Sites are either our registered trademarks, trademarks or trade dress or are licensed to us for our use. None of the Marks may be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing on the Sites should be construed as granting, by implication or otherwise, any license or right to use any of the Marks.
We will cooperate with government and law enforcement officials, as well as private parties, to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties that, in our sole discretion, we believe necessary or appropriate to respond to claims and legal process including, but not limited to, subpoenas, to protect our property and rights or that of a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or subject to legal action.
Any use of or access to the Sites or Services by anyone under 13 is not permitted and violates these Terms. By using or accessing our Sites or Services, you represent and warrant that you are 13 years of age or older and fully able to enter into and abide by all of our Terms. We may suspend or terminate your user account and delete any profiles, content, or data you may have created or posted if we believe, in our sole discretion, that you are less than 13 years old.
You agree to indemnify and hold us, our affiliates, our Partners, and other vendors, and each of our and their owners, directors, officers, employees and agents (the "Indemnified Parties") harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Sites or Services, or any violation of these Terms or of any law or the rights of any user or other third party.
In no event will any of the Indemnified Parties be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Sites or Services, or any of the content accessed through or downloaded from the Site, even if they are aware or have been advised of the possibility of such damages. In no case shall the Indemnified Parties’ cumulative liability to you for any cause whatsoever, and regardless of the form of the action, exceed US$10. Because certain state laws do not allow the exclusion or limitation of certain damages, these limitations, in full or in part, may not apply to you.
A “dispute” is any claim in contract, tort, statute or otherwise between us that arises out of or relates to these Terms and your use of the Sites. “Dispute” includes any disagreement over the interpretation and scope of the agreement to arbitrate and the arbitrability of a dispute.
With respect to any dispute, you agree to first contact us at Legal@carsaver.com and work with us in good faith to attempt to resolve the dispute. If you and we cannot resolve the dispute, either you or we may request to submit any dispute to binding, individual arbitration. A single arbitrator will conduct the arbitration per the American Arbitration Association (“AAA”) rules. You can get the AAA rules and fee information at www.adr.org. You may choose another arbitration organization if we approve. The arbitration hearing will be held in the federal district where you reside. You may request a different place, if we agree. The arbitrator's award will be final and binding on you and us, except for any limited right to appeal under the Federal Arbitration Act.
You do not have to arbitrate a dispute that is a small claim under applicable law. You or we may request to arbitrate any dispute that no longer qualifies as a small claim. A dispute may no longer qualify as a small claim if either party brings a counter-claim or you seek class relief.
YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS MEANS THAT YOU MAY NOT SERVE AS A CLASS REPRESENTATIVE. YOU ALSO MAY NOT PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS OR ACT AS A PRIVATE ATTORNEY GENERAL WITH RESPECT TO ANY DISPUTE. This is called a “Class Action Waiver.”
You and we must pay our own attorney’s fees or costs, including expert fees and other fees, as applicable law allows. You also must pay up to $500 of the filing and hearing fee. We will advance any part of your filing and hearing fee in excess of that amount. If we prevail in arbitration, the arbitrator may require you to reimburse us for fees we advanced and reasonable attorney’s fees and costs. You will not pay any costs and fees that you would not be required to pay if you brought the dispute in court. You also will not pay any costs and fees not allowed by applicable law. We will also pay amounts the arbitrator requires us to pay to ensure this agreement to arbitrate is enforceable.
By visiting or using the Sites or Services, you agree that the laws of the State of Florida, without regard to its choice of law principles, will govern these Terms. Any arbitration under these Terms will be governed by The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and not by any state law concerning arbitration. The arbitrator must apply substantive Florida governing law and honor applicable statutes of limitations and claims of privilege.
If an arbitrator or court declares the Class Action Waiver unenforceable, this agreement to arbitrate is unenforceable. If any other part of this agreement to arbitrate becomes unenforceable, the remainder will be enforceable.
In the course of a corporate merger, acquisition, divestiture, asset sale, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding, we may sell, divest, transfer, assign, share or otherwise engage in a transaction that involves some or all of our assets, including your user account information and content.
We may modify these Terms, at any time and for any reason, by posting the revised Terms on the Site. Your use of the Sites after any such posting indicates your acceptance of the modified Terms. In the event any portion of these Terms is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect our original intentions; the remainder of these Terms shall remain in full force and effect. All provisions of these Terms that, by their terms, are reasonably expected to survive their termination shall survive such termination. These Terms contains the entire agreement concerning your use of this Sites and the Services and supersede all existing agreements and all other oral, written or other communication between us concerning its subject matter. No waiver of these Terms shall be effective unless in writing. Except as otherwise expressly stated in these Terms, there shall be no third-party beneficiaries.
For any questions or concerns regarding your use of Sites or Services, please email us at Legal@carsaver.com. We will make every effort to respond promptly and address your concerns.