ACCEPTANCE OF TERMS.
CarCaddy LLC. (“we”, “us”, or “our”) provides users with a free online automotive trade-in platform (“Services”), whereby users can obtain competitive offers on their vehicle from participating franchise dealerships that the user selects. By clicking the “I Accept Terms of Service” button, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you will not be able to nor are you authorized to use this website, or CarCaddy services.
Unless explicitly stated otherwise, any new features that augment or enhance the current CarCaddy Services shall be considered part of the Services and are subject to the Terms of Service. This website is controlled and operated by CarCaddy from its offices within the United States. CarCaddy makes no representation that information or materials available on this website are appropriate or available for use outside the United States, and access to this website from jurisdictions where its contents are illegal is prohibited. By choosing to access this website from your location, you are doing so at your own initiative and you are responsible for compliance with applicable local laws.
In order to access certain features of this website you may be required to register with us and obtain login credentials. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify CarCaddy, LLC. via email of any unauthorized use of your password or account or any other breach of security. You are responsible for maintaining the security your computer, table, phone, or other internet communicative device. CarCaddy, LLC. is not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by CarCaddy, LLC., including for the purpose of obtaining unauthorized access to the Services. You agree not to access or utilize the Services by any means other than through the interface that is provided by CarCaddy, LLC.
You are authorized by CarCaddy, LLC to access and use the Services, including the information on this website, solely for your personal, non-commercial use (except any transactions you may ultimately have with participating vehicle dealers, hereinafter, where this Agreement uses the terms “commercial” or “non-commercial,” it excludes, by definition, any transactions you may ultimately have with participating vehicle dealers as contemplated hereunder).
CarCaddy, LLC offers a consumer to dealer marketplace where you may list your used vehicle so that dealerships that are members of CarCaddy, LLC. may submit offers on that vehicle. By listing your vehicle through the Services, you represent and warrant to participating dealers that you have proper title to such vehicle, and you are legally able to sell it. You also warrant that the contact information you provide is accurate, and that the description of the vehicle is accurate and based on the current condition of the vehicle.
You may not charge any potential buyer for information about any vehicle listed for sale on the Service, nor may you use the Service to promote, without our prior written permission, any other website, product or service. By using the Service, you represent, warrant, and covenant that (i) you are not a motor vehicle dealer, (ii) you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and (iii) neither you, nor anyone acting on your behalf, will list more than four (4) vehicles at a time. CarCaddy, LLC. receives a fee from the participating dealers or third-party service providers in connection with the Services. CarCaddy, LLC. does not charge Users for use of the Services.
Buyers and sellers need to exercise caution when using the Service. CarCaddy, LLC. is designed as a service provided for informational purposes only. CarCaddy, LLC cannot (i) protect you from potential fraud or misconduct, and (ii) assure that a buyer will supply good funds. You alone are responsible for any sale or purchase transaction you engage in.
Both dealers and users agree that online offers do not create a binding and enforceable obligation under contract law. No contract for a sale is formed unless and until an agreement is reached to finalize transaction. CarCaddy, LLC. Is does not claim any liability between agreements made between Dealers and Users.
Users and Dealers agree to not use information concerning each other’s use of the Service without the written consent of the other party. This includes personal identifiable information
CarCaddy, LLC. reserves the right to modify the Terms of Service without notification to our Users or Dealers. By agreeing to the Terms and Conditions, you do not hold CarCaddy, LLC liable for to you or third parties for any changes or discontinuation of the Service.
CarCaddy, LLC. reserves the right to deny use of the Services to anyone for any reason. Users are responsible for the content they post. CarCaddy, LLC reserves the right to contact Users and Dealers for the purpose of identifying areas in which CarCaddy, LLC. can improve the quality of its service.
CarCaddy, LLC. disclaims any liability associated with the expressed condition of a vehicle and does not make any warranty of any kind, including the implied liabilities of fitness for a particular purpose, non-infringement, implied warranties of merchantability, as related to this website, or any third-party website, product or service, linked to or from this website. CarCaddy, LLC. does not make any warranty of any kind, either express (verbally or written) or implied, including representations or statements, as to the condition or merchantability of any service or information posted by a User, Dealer, or someone who breaches the Terms and Conditions of this website by posing as such.
LIMITATION OF LIABILITY; WAIVER
In no event, shall CarCaddy, LLC. be liable for any direct or indirect, incidental, consequential, or exemplary damages, including those related to profit loss, goodwill, proprietary information and/or content or other intangible losses arising out of or in connection with the Services, including all information and content on or related in any way to this website or any third-party website, product, or service linked to or from this website, or any vehicle, product, or service referenced or implied therein. By agreeing to the Terms and Conditions, you herby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data resulting from the use of CarCaddy.net or any website that is evolved as a result of changes to CarCaddy.net.
By agreeing to the Terms and Conditions of this website, you hereby irrevocably waive any claim against CarCaddy, LLC. that arises from your use of or inability to use, the services to include any information and content on this website, third-party website, product, or service linked o or from this website, including content provided by you to third parties.
COMMUNICATIONS BETWEEN USERS, DEALERS, AND CARCADDY, LLC.
In the course of conducting business with Users and Dealers, CarCaddy, LLC may provide you with notices by email, regular mail, short messaging system (SMS), text message, postings on the Services/website, or other reasonable means learned or hereafter developed. You acknowledge and agree that CarCaddy, LLC. will have no liability associated with or arising from your failure to maintain and supply CarCaddy, LLC. with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website. Keep in mind that providing accurate information is crucial to successfully using Carcaddy.net for its intended purpose.
All of CarCaddy, LLCs trademarks, trade names, names, service and marks and logos, and product names, service names, are the property of CarCaddy, LLC. You agree to not display or use any of the names, service names, property names, or property of CarCaddy, LLC. without prior approval in every instance of use. You agree that participating dealers’ trademarks, trade names, service marks, logos, brand features, and product and service names are trademarks and the property of such entities, and that you will not display or use any of the foregoing without written approval in each instance from each applicable party or dealer. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
INTELLECTUAL PROPERTY COMPLAINTS
We at CarCaddy, LLC. respect the property rights of others. Please send any complaints for notice of claims of copyright or other intellectual property to :
2046 East State Route 73
Waynesville, OH 45068
DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
ARBITRATION AGREEMENT. YOU AND CARCADDY, LLC. THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE VISITOR AGREEMENT, THE AUTOTRADER SITES, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION INSTEAD OF LITIGATION IN COURT. Court review of arbitration awards is limited.
CLASS ACTION WAIVER: YOU AND CARCADDY, LLC 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. Users, Dealers, and all parties utilizing CarCaddy, LLC. Services both waive any right to participate in any class action involving disputes between us.
ARBITRATOR AUTHORITY: The arbitrator’s authority is governed by this arbitration agreement. You and CarCaddy, LLC. agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by the Terms and Conditions but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with CarCaddy, LLC.
ARBITRATION PROCEDURES: You and CarCaddy, LLC agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the Claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim is for more than $75,000, then the Commercial Rules will apply. If there is a conflict between the AAA Rules and this arbitration agreement, then this arbitration agreement shall control. For claims less than $75,000, CarCaddy, LLC. will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorney fees (if you choose 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. The arbitration will be held in a mutually agreeable and convenient location.
By agreeing to the Terms and Conditions, you are waiving your right to a trial by jury in a case where it is determined that the arbitration procedures are not binding. In such a case, our resolution will be determined by a judge.
ACCEPTANCE OF TERMS.