Carzuz.com General Terms of Service
Last Updated: 12/4/2017
1. Description of Carzuz.com and These Terms of Service
- Welcome to Carzuz.com! Carzuz.com Co., LLC. ("Carzuz.com", "us", "we", "our") provides its products and services subject to these Terms of Service ("Terms"). By using Carzuz.com, you agree to the following Terms. These Terms may be updated by us from time to time, and we encourage you to revisit this page often and review the Terms. In addition to these Terms, when using particular Carzuz.com owned or operated services, you may also be subject to any additional posted guidelines applicable to such services.
- Carzuz.com provides you with access to many valuable resources, including Carzuz.com Used Car Values, Trade-In Values, as well as links to sites where you can obtain vehicle services such as financing and insurance, and other existing services and those that may later be offered to you (the "Service"). The Service includes advertisements, which are necessary for Carzuz.com to provide the Service to you. Unless explicitly stated otherwise, any new features that we may add to Carzuz.com will also be subject to these Terms, and any other special terms of service referenced in the new feature.
3. Personal Use Only
- You may make personal use of all of the information you access on Carzuz.com ("Information"), but you may not take any of the Information and reformat and display it, or copy it on your Website or in any other format, and you may not store or migrate any of the Information or other data from Carzuz.com without Carzuz.com's written permission. By using the Service, you agree not to sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from, or otherwise exploit any of the Information content or data related to any portion of the Service. You may print a copy of particular vehicle values and prices and use the Information for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on Carzuz.com. If you want to make commercial use of the Carzuz.com Information or Services, you must enter into an agreement with us to do so in advance, and we would love to talk to you about that.
4. Survey Responses, Feedback, and Other Contributions to Carzuz.com
- By submitting ideas, survey responses, suggestions, documents, comments, and/or proposals ("Contributions") to Carzuz.com through its surveys, "contact us", or suggestion or feedback Web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Carzuz.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) your Contributions automatically become the property of Carzuz.com without any obligation of Carzuz.com to you and Carzuz.com shall be entitled to use, copy, modify, or disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Contributions for any purpose, in any way, in any media worldwide; (d) Carzuz.com may have something similar to the Contributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from Carzuz.com under any circumstances for your Contributions.
5. Carzuz.com Sell My Car/Trade - In My Car Program Terms and Conditions
- Program Overview. With the Carzuz.com Sell My Car/Trade - In My Car Program you can complete a questionnaire online or at a dealership and get a specific offer to buy your car for cash today ("Sell My Car Offer" or "Participating Dealer Offer"). You can put the value of your Offer toward the purchase of another vehicle, subject to these Sell My Car/Trade - In my Car program Terms and Conditions, the Carzuz.com Terms of Service including but not limited to the Arbitration and Class Action Waiver provisions, all of which are incorporated herein by reference, and other terms and conditions provided through the Sell My Car/Trade - In my Car Program. Carzuz.com redeems Sell My Car Offer and purchase the vehicle; rather, the Trade - In My Car Offer is redeemable at dealers who have paid Carzuz.com or an affiliate to participate in the Trade - In My Car Program ("Participating Dealers"). The Sell My Car/ Trade - In My Car Offer is backed by the Five - Five Guarantee (500 miles or 5 days) not counting Sundays after it was issued. It is important to note that the Sell My Car/Trade - In My Car Offer is based on specific information about your vehicle, which may result in variations from the information collected in connection with a Carzuz.com Value. The Offer may be less than the Carzuz.com Trade-In Value and may be lower than the Trade-In Range for a similar vehicle.
- Your Vehicle must pass a mandatory vehicle inspection by a Carzuz Staff member/ Participating Dealer. If the inspection report differs from your description or online assessment of your vehicle's condition, the Carzuz Staff/ Participating Dealer may adjust the Offer amount, which may mean decreasing the Offer amount. Participating dealers are not owned or operated by, nor are they affiliated with or acting on behalf of, either Carzuz.com. Carzuz.com, and their affiliates expressly disclaim any liability resulting from an adjustment of the Offer or refusal to accept the vehicle by Participating Dealer(s).
- Program Requirements. In addition to the other Carzuz.com Terms of Service and other terms to redeem an Offer that you have received through the Sell My Car/Trade - In My Car Program: (1) your vehicle must be located in a market in which the Carzuz is offered; (2) you must be the registered owner of the vehicle in question; (3) you must possess a valid driver's license or other form of valid government-issued photo ID; (4) the personal contact information and the information about your vehicle that you provide in response to our online questionnaire must be accurate, complete, and truthful; and (5) the Sell My Car/Trade - In My Car Offer expires within the Five - Five Guarantee (500 miles or 5 days); (6) When offer is accepted you must have these documents present before a transaction is made; a valid registration and either clear and unencumbered title in your name, or complete documentation regarding any lease obligations or liens on your vehicle (including, for example, contact information for your lender or leasing company, relevant account information, and the current loan payoff amount or lease early termination fee for your vehicle) to Carzuz Staff/ Participating Dealer. The Carzuz Staff/Participating Dealer will inspect your vehicle to confirm its condition and verify the accuracy of the other information about your vehicle that you submitted online. Based on the results of this verification inspection (more information below) reported by the Carzuz Staff/ Participating Dealer, the dollar amount of your Offer may be adjusted up or down prior to redemption.
- Restrictions. The Sell My Car/Trade - In My Car Program is not available in all areas and not all vehicles are eligible for Offers. The Sell My Car/Trade - In My Car Offer Program may not be used to sell or to trade in certain categories of vehicles at Carzuz.com's discretion, including, without limitation: current model year (or newer) vehicles; exotic vehicles; commercial vehicles; vehicles subject to recall or investigation by a government agency; vehicles with a police, fire, livery, taxi, or rental history; reconstructed or salvage vehicles; vehicles without a valid Vehicle Identification Number (VIN); vehicles not originally built for the United States market or that were imported illegally or outside of official manufacturer channels (i.e., "gray market" vehicles); vehicles older than 24 model years; vehicles that have over 300,000 miles on the odometer; vehicles with altered drivelines or bodies or illegal or non-functioning emissions equipment; vehicles registered at an auto auction or offered for sale through any wholesale channel within 45 days; and vehicles that we would value at less than $1,000.
- Some Offers Require Review. Although the majority of Sell My Car/Trade - In My Car offers generated be will be delivered within moments of submitting a valid request, some requests require manual review. This manual review process usually will be completed within minutes of submitting a request but occasionally may take until the next business day.
- The Information You Provide in Connection with Your Offer. You acknowledge that if you provide us with any false, incomplete or inaccurate information, including, without limitation, vehicle information or personal contact information, your Offer may be immediately invalidated. By requesting an Offer, you agree that we, our service providers, and Participating Dealers may contact you, by any method that you supplied for your contact information, about vehicles or other products and services that may be of interest to you. By supplying a mobile number, you consent to receive calls or texts at that number, whether manually or automatically dialed, from us and from Participating Dealers. You do not have to provide us with a mobile number as a condition of obtaining an Offer.
- Participating Dealers
- Participating Dealers pay a monthly subscription to participate in and receive leads through the Trade - In My Car Program. Offers provided through the Trade - In My Car Program are calculated and generated by a proprietary appraisal tool intended to generate a price reflecting a liquid cash offer to be honored by a Participating Dealer irrespective of whether you are purchasing another vehicle from that Participating Dealer.Trade - In My Car Program guarantees to Participating Dealers that your vehicle will be worth at least the amount of the Offer. Participating Dealers are not owned or operated by, nor are they acting on behalf of, Carzuz.com, and, except as described herein, are not otherwise affiliated with Carzuz.com. If you redeem your Trade - In My Car Offer at a Participating Dealer, you will have the option of either using your Trade - In My Car Offer to trade in your vehicle or to sell your car for a check. If your Trade - In My Car Offer does not identify a Participating Dealer near you, please call our customer service department at 1-210-265-5783 or send us an email to request this information.
- Although Participating Dealers are not obligated to purchase your vehicle or accept your vehicle for trade for any price other than the amount of your Offer, you are welcome to try to negotiate a more favorable price or trade-in amount for your vehicle and, of course, you are always free to sell or trade-in your vehicle outside of the Sell My Car/Trade - In My Car Program. Though we think the Offer allows for a convenient and easy way to sell your vehicle, it may not be the highest sale price or trade-in amount that you could receive for your vehicle outside of the Sell My Car/Trade - In My Car Program.
- Verification Inspections
- Carzuz Staff/Participating Dealers will conduct a mandatory vehicle inspection free of charge to verify the accuracy of the vehicle description and condition information that you provided to us online. This verification inspection may include, for example, paint thickness measurements, a road test, a mechanical inspection, and a review of vehicle history reports and disclosure statements regarding flood, salvage, or odometer discrepancies (including rollbacks), and the like. Carzuz Staff/Participating Dealer may raise or lower the dollar amount of your Offer prior to redemption based on the information revealed by the inspection. All decisions of the Carzuz Staff/ Participating Dealer regarding the condition of your vehicle will be final.
- At the conclusion of your vehicle verification inspection, you can redeem your offer, subject to any applicable adjustments after the inspection.
- Redeeming Your Sell My Car/Trade - In My Car Offer
- Selling Your Vehicle to Carzuz.com. If you decide to redeem your Sell My Car Offer by selling your vehicle, Carzuz.com will issue you a check following the release of all applicable liens and lease obligations and the receipt of a clear and unencumbered vehicle title, subject to Section 5.h.iii. All checks will be made payable to the vehicle owner(s) named on the vehicle title.
- Redeeming Your Trade - In My Car Offer. If you elect to apply your Trade - In My Car Offer to the purchase of another vehicle, your Participating Dealer will issue you a credit toward the price of any vehicle available in its inventory in exchange for your vehicle. The Offer credit will be given after the release of all applicable liens and lease obligations and the receipt of a clear and unencumbered vehicle title (see Section 5.h.iii).
- Equity in Your Vehicle. If there are outstanding lien or lease obligations on your vehicle, the following will apply:
1. Negative Equity. If you have negative equity in your vehicle (i.e., your outstanding loan balance or lease payment obligation exceeds the amount of your Sell My Car/Trade - In My Car Offer), you will be responsible for paying the difference between the Offer and the amount needed to clear the title to your vehicle by certified check or other form of payment acceptable to the Carzuz staff or the Participating Dealer before your transaction can be completed.
2. Positive Equity. If you have positive equity in your vehicle, the Participating Dealer will issue you a check or a trade-in credit, as applicable, for the difference between the amount needed to clear the title (including any related fees) to your vehicle and the Trade - In My Car Offer. If you have positive equity in your vehicle and accepting the Sell My Car Offer the amount agreed on will be sent to the Lien Holder or Financial Institution and the difference will reimbursed through said sources.
- Release. BY REDEEMING AN OFFER, YOU AGREE NOT TO SUE CARZUZ.COM, ITS AFFILIATES, ITS SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF ANY VEHICLE SALE OR VEHICLE TRADE - IN TRANSACTION THAT YOU ENTER INTO WITH A DEALER IN CONNECTION WITH THE SELL MY CAR/TRADE - IN MY CAR OFFER PROGRAM. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF SUCH A TRANSACTION, YOU AGREE TO LOOK SOLELY TO YOUR PARTICIPATING DEALER FOR YOUR REMEDY AND NOT TO THE RELEASED PARTIES.
- To obtain access to certain services from Carzuz.com, you may be required to register on Carzuz.com. As part of the registration process, you will be required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a username that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing Carzuz.com through any username/password assigned to you. You will notify Carzuz.com's Customer Service Department of any known or suspected unauthorized use of your account via email.
7. Buying and Selling Vehicles
- Carzuz.com offers a car appraisal service and network that brings together buyers and sellers. Carzuz.com is not a party to any transaction between vehicle buyers and sellers that originates on or through Carzuz.com. Information about a particular vehicle is supplied by the seller, not by Carzuz.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
- Though we hope that all who come to Carzuz.com will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate.
8. Modifications and Termination of Service
- Carzuz.com reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the Service for any reason with or without notice to you. All terminations will be made in Carzuz.com's sole discretion and you agree that Carzuz.com will not be liable for any termination of your use of or access to the Service.
9. Your Dealings with CarZuz.com Advertisers
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge and agree that Carzuz.com will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
10. Links to Other Websites
- Carzuz.com provides links to other Websites. You acknowledge and agree that, because Carzuz.com has no control over such sites, we are not responsible for them or the resources and information they contain. In particular, we are not responsible for the availability of services related to another Website that has a link on Carzuz.com; we do not necessarily endorse such sites, and we are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that Carzuz.com will not be liable for any loss whatsoever for any damages caused by or incurred in connection with the use of or reliance on the information, goods or services available through any such site.
11. Carzuz.com's Proprietary Rights
- You acknowledge and agree that the Service and all materials on Carzuz.com, contain proprietary information and data that is protected by applicable copyright, trademark and other intellectual property laws (Carzuz.com's "Proprietary Information"). All materials on Carzuz.com, including such Proprietary Information, may only be used for personal, non-commercial purposes, and you agree not to sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate, store, copy or transmit any material from Carzuz.com unless and until you have obtained our prior written consent. The Proprietary Information covered by this prohibition includes, without limitation, the software programming and html and other code contained in the Web site, Carzuz.com Vehicle Values, Carzuz.com New Car Pricing information, compilations of vehicle specifications, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on Carzuz.com. Carzuz.com LLC reserved all rights, Patent Pending.
12. Use of Carzuz.com Logos
- You agree that all of the Carzuz.com Marks are the property of Carzuz.com, and agree that you will not use the Carzuz.com Marks without Carzuz.com's prior written permission.
13. No Illegal Use
- As a condition of your use of and access to Carzuz.com, you agree not to use the Services for any unlawful purpose or in any way that violates these Terms. You also agree not to use the Services in any way that could damage, disable, overburden, or impair Carzuz.com or any Carzuz.com server, or the associated networks, or interfere with any other party's use and enjoyment of any Services.
14. Dispute Resolution – Mandatory Arbitration and Class Action Waiver
- Arbitration Agreement: YOU AND CARZUZ.COM AGREE THAT ANY CLAIMS OR DISPUTES ("Claims") THAT ARISE OUT OF OR RELATE IN ANY WAY TO THESE TERMS, CARZUZ.COM, OR THE SERVICES (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
- Class Action Waiver: YOU AND CARZUZ.COM AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor Carzuz.com may participate in a class or representative action in court as a class member if the Claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or Carzuz.com. To be clear, you and Carzuz.com both waive any right to participate in any class action involving disputes between us.
- This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in Section 15 of these Terms will remain in full force and effect.
- Arbitrator Authority: The arbitrator's authority is governed by this arbitration agreement. You and Carzuz.com agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by these Terms (including the limitations of liability set forth in Section 17), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with Carzuz.com. An arbitrator may award attorneys' fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
- Arbitration Procedures: You and Carzuz.com agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS Endispute under its Streamlined Arbitration Rules and Procedures ("JAMS"). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. Carzuz.com will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys' fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, Carzuz.com agrees not to seek an award of attorneys' fees in arbitration even if an award is otherwise available under applicable law. If you bring an arbitration against Carzuz.com, the arbitration hearing will be held in your hometown area, unless we both agree on a different location.
- Survival: This arbitration agreement survives the termination of these Terms between you and Carzuz.com.
15. Jury Trial Waiver.
- You and Carzuz.com expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section 14 is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
16. Disclaimer of Warranties:
You Expressly Understand and Agree That:
- Your use of the Service is at your sole risk. Carzuz.com provides the Service to you on an "as is" and "as available" basis. Carzuz.com and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Carzuz.com and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material accessed, purchased or obtained by you through the Service will meet your expectations; and (v) any errors will be corrected.
- All material and information obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the accessing of any such material.
- No advice or information, whether oral or written, obtained by you from Carzuz.com or its affiliates or partners through or from the Service shall create any warranty whatsoever.
- Vehicle valuations are opinions and may vary from vehicle to vehicle. Actual valuations are based upon current available information and analysis of market conditions, and will vary depending on specifications, vehicle condition or other particular circumstances pertinent to a particular vehicle or the transaction or the parties to the transaction. Carzuz.com assumes no responsibility for the accuracy of vehicle values and no responsibility for errors or omissions.
17. Limitation of Liability
- You expressly understand and agree that Carzuz.com and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Carzuz.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained or received or transactions entered into as a result of your use of the Service; (iii) statements or conduct of any third party related to the Service; or (iv) any other matter relating to the Service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 15 and 16 may not apply.
18. Indemnity and Release
- When you use Carzuz.com, you are agreeing to indemnify Carzuz.com, its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Carzuz.com Web site, your use of the Service, or your submission of Contributions as set forth in Section 4 above. By using Carzuz.com you are agreeing to release Carzuz.com and its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors from any and all claims, fees, costs, damages and obligations of any kind whatsoever that you may have against them arising out of or in any way related to such claims or obligations and to any disputes regarding use of ideas and/or related materials submitted to Carzuz.com. You hereby agree to waive all laws that may limit such releases. For example, you specifically agree to waive the provisions of California civil code section 1542, which provides:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which is known by him must have materially affected his settlement with the debtor."
19. Changes and Updates to These Terms of Service
- Carzuz.com may occasionally update or change these Terms, so we encourage you to view them often. Your continued use of the Service constitutes your agreement to these Terms and any updates.
20. General Information
- Choice of Law. The Terms and the relationship between you and Carzuz.com shall be governed by the laws of the State of California without regard to its conflict of law provisions.
- Waiver and Severability of Terms. The failure of Carzuz.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
- Entire Agreement. The Terms constitutes the entire agreement between you and Carzuz.com and governs your use of the Service, superseding any prior Terms with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Carzuz.com services, affiliate or third-party services.
- Statute of Limitations. You agree that any claim, demand, or cause of action arising out of or related to the Service or your access or visit to Carzuz.com or these Terms must be filed by you within one (1) year after such claim, demand, or cause of action arose, or it is forever barred.
21. Reporting Violations to the Terms
Please report any violations of the Terms to Carzuz.com customer service