CarSaver Management, LLC and our affiliates ("CarSaver", "Company", "us" or "we") have created these Terms of Service (or "Terms") for our websites and mobile applications, including CarSaver.com, and related subdomains (collectively, "Sites").
CarSaver has developed a proprietary, web-based e-commerce software platform, including associated workflows and technologies, that facilitates a comprehensive digital retailing process for buying and selling new and preowned vehicles (the "Platform"). This process includes but is not limited to: research, shopping, purchasing, financing, leasing, protection product selection, trade-in evaluation, contracting, delivery, vehicle upgrades, and resale. The Platform is designed to enable customers to begin and/or complete a vehicle transaction either online, in the dealership, or a combination of both. The customer can smoothly transition between digital retail to in-store interactions at any point in the process.
Our "Partners" on the Platform include car dealerships, auto insurance companies and financing institutions, 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 Platform, whether you access the Platform 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 Platform, 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 Platform.
In order to access certain features of our Sites or Platform, 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. If you violate these Terms of Use, your account may be terminated and your profile and any information you have provided through the Sites or Platform may be deleted, and/or you may be prohibited from using or accessing the Sites or Platform, or any portion thereof, at any time, with or without notice, and for any or no reason.
Respecting your privacy and protecting your personal information is important to us. The types of information we collect and how we use them are set forth in our Privacy Policy available at the Privacy Policy, and incorporated into these Terms by reference. By using the Sites or Platform, you consent to the collection and use of personal information in accordance with the Privacy Policy. Please note that our Privacy Policy applies only to personally identifiable information we collect on our own behalf and not to information we collect on behalf of Partners or that they collect and store in one of our applications. Accordingly, you should review their privacy practices, as well.
Subject to your complying with these Terms, you are granted a limited, revocable, nontransferable license to access and use the Sites and Platform to which you have properly gained access, solely for your information and personal, non-commercial use. Any use of the Sites or Platform 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 Platform 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 Platform, 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 Platform 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 or Platform in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites or Platform; 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 and warranted only by them. While we strive to keep this Sites current, we cannot guarantee the accuracy of information provided through the Sites or Platform, including, without limitation, the availability or price of any vehicles or your eligibility for any insurance, lending or financing. We are not responsible for any errors or omissions with respect to the information from our Partners and made available on the Sites or through the Platform.
The Sites and Platform, 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 Platform will be uninterrupted or error free, that any specific information requested will be provided or that the Sites or Platform 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 Platform, 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 Platform may be denied at any time, without or without notice, and for any or no reason. Some or all of the features of the Platform 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 part of the Platform.
The Sites and the Platform are solely for research and communications. CarSaver is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, other automotive-related products or services offered by third parties.
CarSaver does receive a fee from the participating dealers or third-party service providers in connection with the Platform.
The Sites is controlled and operated from within the United States. We make no representation that the Sites or Platform, including the information we collect, complies with the laws of any foreign jurisdictions. If you choose to access the Sites or use the Platform 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 Platform 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 Platform by anyone under 18 is not permitted and violates these Terms. By using or accessing our Sites or Platform, you represent and warrant that you are 18 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 18 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 Platform, or any violation of these Terms or of any law or the rights of any user or other third party.
CarSaver is only liable to you for its breaches of these Terms of Service. In no event will CarSaver be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or revenue, or anticipated savings, or for any cost data arising from your use of the Sites or Platform, 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.
Some jurisdictions do not allow the exclusion of certain implied warranties, or the limitation or exclusion of liability for incidental, consequential or similar special damages, so the above exclusions and limitations 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, from your use of the Sites or from your use of the Services. "Dispute" also 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 issue. 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 shall 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 Platform, you agree that the laws of the State of Tennessee, 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 Tennessee governing law and honor applicable statutes of limitations and claims of privilege.
If for any reason a Dispute proceeds in court: [a] you agree that any such Dispute may only be instituted in a state or federal court of competent subject matter jurisdiction located in Davidson County, Tennessee; [b] you and CarSaver irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes, stipulate to the fairness and convenience of such courts and covenant not to assert any objection to proceeding in such courts; and [c] you and CarSaver agree to waive any right to a trial by jury.
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. Your use of this Site or the Platform is your consent to such action by us.
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 Platform 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.
CarSaver may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the website, or other reasonable means now known or hereafter developed. You acknowledge and agree that CarSaver will have no liability associated with or arising from your failure to maintain and supply CarSaver with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.
CARSAVER DOES NOT MAKE ANY CREDIT, PREQUALIFICATION, OR OTHER FINANCING DECISIONS AND MAKES NO REPRESENTATION OR WARRANTY THAT YOU WILL BE ABLE TO OBTAIN ANY PARTICULAR OFFER OR ANY PARTICULAR FINANCING PACKAGE IN CONNECTION WITH A VEHICLE. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF AN ACTUAL OR POTENTIAL TRANSACTION INVOLVING THE FINANCING OF A VEHICLE YOU PURCHASED OR WISHED TO PURCHASE ON OUR SITE, YOU AGREE TO LOOK SOLELY TO THE PARTICIPATING LENDING PARTNER FOR YOUR REMEDY AND NOT TO CARSAVER.
Once you create an account with us, you will receive email messages from us and our Partners about your interest in purchasing, leasing, or trading a vehicle.
You will also be asked to provide your phone number when you create your account. If you submit your phone number to CarSaver on this Site, you are also giving us consent to text you with automated marketing and advertising messages.
It is not necessary that you provide your phone number or agree to receive advertising messages in order to use our Sites or the Platform.
You can stop receiving marketing texts from us at any time. Just text "STOP" to the short code. After you send the message "STOP" to us, we will send you a message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to join again, just sign up as you did the first time and we will start sending text messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance.
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding our privacy practices, please read our Privacy Policy.
For any questions or concerns regarding your use of Sites or the Platform, please email us at Legal@carsaver.com. We will make every effort to respond promptly and address your concerns.