Thank you for visiting www.carscommerce.inc/accutrade (the “Site”)(“AccuTrade” “Us” or “We”). The Site also includes any version of this Site that is optimized or configured for use by mobile computing devices such as smartphones and tablets, as well as mobile applications and any other websites owned or operated by us. These Terms and Conditions (“Terms”) govern your access to and use of the Site and services or products provided by AccuTrade and as purchased by you (“Products”).
By accessing and using this Site, you acknowledge you have read, understood and agree to be bound to the conditions of these Terms. You also agree to comply with applicable laws and regulations.
BY USING THE SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS, AND EXPRESSLY CONSENT TO CARS COMMERCE PRIVACY NOTICE AND PRIVACY NOTICE FOR CALIFORNIA RESIDENTS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS THE SITE OR USE ANY PRODUCTS.
AccuTrade does not require registration in order to access and use features and materials on the Site, but you must register with AccuTrade to purchase Products. You agree that all information that you provide to AccuTrade in connection with our Products, including, but not limited to, all information that they may provide in the subscriber registration process, is true, accurate and complete, and that you will maintain and routinely update such information to keep it true, accurate and complete at all times. AccuTrade reserves the right to terminate this Agreement and to refuse, restrict or discontinue service or access to the Site, or any portion or features of this Site, to you for any reason or for no reason whatsoever, at any time, and without notice or liability, including, but not limited to, termination of your use of the Site and our Products.
You grant AccuTrade a perpetual, irrevocable, royalty-free, transferable, license to access, edit, store, enhance, modify, adapt, translate, copy, reproduce, distribute, transmit, broadcast, publish, perform and display publicly, prepare derivative works of, and otherwise use any and all content provided by you, and to sublicense such rights through multiple tiers (“Content”). AccuTrade reserves the right to modify its Site and Products, and to edit or reject any content or portion thereof from use on the Site or Products in its sole discretion and without notice.
If applicable, AccuTrade reserves the right to obtain your credit report to determine creditworthiness, and such determination is conditioned upon credit approval. You agree to pay all fees specified in the Order Form within thirty (30) days of the date of invoice, unless payment is made by credit card or ACH. If payment is made by credit card or ACH, you expressly authorizes AccuTrade to automatically charge the applicable card or debit the applicable account on a monthly basis during the term of this Agreement (unless otherwise agreed by the parties) and agree that any fee increase made in accordance with this Section may also be charged/debited in the same manner and you will be responsible for any and all third-party fees. If any fees are not paid by the due date, AccuTrade may charge, and you will pay interest on unpaid amounts at the rate of 1.5% per month or the highest rate permitted by law, whichever is less. You agree to pay all of AccuTrade’s costs, including attorneys’ fees, associated with the collection of overdue amounts. You will be solely responsible for payment of any taxes applicable to their payment for and/or use of the Products, other than taxes on AccuTrade’s income. AccuTrade reserves the right to increase fees or terminate Product subscriptions with thirty (30) days’ notice to you, provided you will have the right to terminate the Agreement in such case by providing AccuTrade with written notice prior to the end of such thirty (30) day period. If you request the assistance of AccuTrade in any manufacturer co-op advertising program, you remain solely responsible for complying with all terms, conditions, and requirements necessary for reimbursement under such program.
Orders cannot be canceled during the Initial Term, as specified in the order form (the “Initial Term”). Following completion of the Initial Term, this Agreement automatically renews on a month-to-month basis until either party provides at least thirty (30) days’ written notice of termination to the other party, such termination to be effective on the last day of the calendar month in which the 30th day falls. By way of example, if the initial term ends on January 1, the earliest date of termination is January 31 (30 days’ notice given on January 1). Either party may immediately terminate this Agreement in the event the other party is in material breach of this Agreement and such breach is not cured by the breaching party within thirty (30) days of its receipt of written notice. AccuTrade reserves the right to modify or discontinue any Product at any time and may suspend performance for your failure to pay any invoice when due or your failure to comply with the policies. If you terminate any Product for convenience prior to the end of Initial Term, you will pay AccuTrade a termination fee equal to the remaining monthly fee for such Product(s) through the end of the Initial Term. To be effective, termination must be provided to the designated email at support@accu-trade.com or customer service line at (888) 853-9458. AccuTrade and you may agree to revoke any termination. In the event of such revocation, the Agreement will remain in full force and effect.
Information that you provide or that AccuTrade collects about you through your access to and use of this Site or any of its Products is subject to Cars Commerce’s Privacy Policy, the terms of which are hereby incorporated into this Agreement by reference.
AccuTrade takes commercially reasonable measures to secure and protect information transmitted to and from the Site; however, we cannot and do not guarantee that any such communications or any electronic commerce conducted on or through the Site is or will be completely secure. You are responsible for maintaining the confidentiality of their personal information and of any login user name or ID and any password that may be selected by, or assigned to you by AccuTrade, and you are fully responsible for all access and any activity that occurs through use of your ID or password. You agree to immediately notify AccuTrade of any unauthorized use of your ID or password or any other breach of Site security of which you become aware. AccuTrade cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your personally identifying information, your ID, or password.
AccuTrade respects the intellectual property rights of others and expects you to do the same. AccuTrade has expended substantial time, effort and funds to create the Site and to create, collect and provide the Products that are available through the Site. You understand and agrees that AccuTrade owns (or where required, appropriate or applicable, has been licensed by third parties to use) all right, title and interest in and to the Site and the Products made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States and other countries, and that you acquire no ownership interest by accessing and utilizing the Products, the Site and/or the Content. Such intellectual property and proprietary rights include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, trade secrets, know-how, and related goodwill, and all such rights are and shall remain the property of AccuTrade and, if applicable, its licensors. AccuTrade® is a registered trademark of AccuTrade, LLC. All contents of this website are: Copyright 2024 AccuTrade, LLC.
Subject to the limited license granted below with respect to the certain Products, AccuTrade grants you a limited license to access and make use of this Site and the Content for legitimate purposes. By accessing this Site, you agree that they will not use any automated mechanism, which may include but is not limited to such mechanisms as web robots, crawlers or spiders to access, query or otherwise collect information or scrape data from the Site, and will not use any device or routine that would interfere with the proper working of the Site. Unless otherwise permitted by AccuTrade, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Content in any other manner or for any other purpose constitutes an infringement of AccuTrade’s intellectual property and other proprietary rights. You may not reproduce, copy, perform, create derivative works from, republish, upload, post, retransmit, or redistribute in any way whatsoever any Content from this Site, or any other website owned or operated by AccuTrade, without the prior written permission of AccuTrade. Use of the Content or any portion thereof on any other website is expressly prohibited without prior written permission from AccuTrade. You shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Content.
“AccuTrade Purchase Notice” means a notice given by a Subscribing Dealer with respect to a particular Dealer Vehicle to AccuTrade through the Trade Admin Portal within the time specified that the Subscribing Dealer desires AccuTrade to purchase the Dealer Vehicle.
“Business Day” means a day other than a Saturday, Sunday, or other day on which commercial banks in New York City are authorized or required by Law to be closed for business.
“Restricted Vehicle” “Restricted Vehicles” mean commercial vehicles; converted vehicles, vehicles with a government, police, fire, theft or livery history; vehicles subject to recall or government investigation; recreational vehicles; reconstructed or salvage vehicles; vehicles without a valid VIN; “grey market” vehicles; vehicles having in excess of 120,000 miles; vehicles older than seventeen (17) model years; vehicles with altered odometers, drivelines or bodies or illegal or non-functioning emissions equipment; flood, hail or fire damaged vehicles; vehicles with substantial mechanical or electrical damage; vehicles registered at an auto auction or offered for sale on a wholesale website within forty five (45) days prior to the generation of a Consumer Offer or Confirmed Dealer Offer, as applicable, for such vehicle; vehicles that the AccuTrade would value at less than $1,000; vehicles with undisclosed liens or questionable ownership; and certain other categories of vehicles which AccuTrade may designate, from time to time, in its sole discretion.
“Subscribing Dealer” means a vehicle dealer that subscribes to an AccuTrade Product or a Cars.com service that includes the Instant Cash Offer Remarketing Guarantee.
“Trade Admin Portal” means an online portal accessible through the internet (including through mobile applications) maintained and hosted by AccuTrade and made available through AccuTrade or Cars.com service through which Subscribing Dealers can manage Consumer Offers and Dealer Vehicles, including putting a Dealer Vehicle to AccuTrade pursuant to the Instant Cash Offer Remarketing Guarantee.
(a) Either
(1) the Subscribing Dealer validates the information provided by the consumer in the consumer Offer within 72 hours of its origination and gives the AccuTrade Purchase Notice through the Trade Admin Portal within 48 hours after the purchase of the Dealer Vehicle from the consumer as a result of a consumer offer and receives confirmation that the offer has been accepted by AccuTrade via the Trade Admin Portal (a “Confirmed Consumer Offer”); or
(2) within 48 hours of grounding the Dealer Vehicle, the Subscribing Dealer obtains a value for the Dealer Vehicle through the Trade Admin Portal using the same methodologies used by a Subscribing Dealer to validate a Consumer Offer and receives confirmation that the offer has been accepted by AccuTrade via the Trade Admin Portal (a “Confirmed Dealer Offer”) and gives the AccuTrade Purchase Notice. Notwithstanding anything to the contrary herein, the Parties agree and acknowledge that the option set forth in this Section is only available in the United States and not in any other country, including, but not limited to, Canada.
(b) The Subscribing Dealer shall have accurately represented the condition of such Dealer Vehicle to AccuTrade, as may be confirmed by AccuTrade, including accurately entering and validating any vehicle information and condition as required in the Trade Admin Portal.
(c) The Subscribing Dealer shall have, at its own cost and risk, within 72 hours after the Subscribing Dealer has given the AccuTrade Purchase Notice through the Trade Admin Portal delivered such Dealer Vehicle to the applicable delivery location (provided, however, that non Business Days shall toll the foregoing 72 hour window). AccuTrade shall provide to each Subscribing Dealer through the Trade Admin Portal the delivery location applicable to such Subscribing Dealer. AccuTrade may change the applicable delivery location which change shall be applicable to Dealer Vehicles subject to AccuTrade Purchase Notices given after the change has been posted to the Trade Admin Portal.
(d) If AccuTrade or its authorized agent elects to physically inspect the Dealer Vehicle at the delivery location promptly, but no later than 72 hours following its arrival (provided, however, that non-Business Days shall toll the foregoing 72 hour window), AccuTrade shall have to its commercially reasonable discretion, verified the Dealer Vehicle’s make, model, year, condition and other criteria to ensure that the Subscribing Dealer’s representations regarding the Dealer Vehicle are complete and accurate; and
(e) Prior to the payment of the purchase price, the Subscribing Dealer shall have delivered to AccuTrade a clean certificate of title (free and clear of all liens and encumbrances) to the Dealer Vehicle no later than 21 days after receiving the Confirmed Consumer Offer or Confirmed Dealer Offer, as applicable. AccuTrade shall have no obligation to purchase or to arrange transportation of a Dealer Vehicle back to the Subscribing Dealer in the event AccuTrade commercially reasonably determines that the Subscribing Dealer has failed to satisfy any of the foregoing requirements, or if it is determined that the Dealer Vehicle is a Restricted Vehicle. Notwithstanding the foregoing, in the event the Subscribing Dealer fails to deliver the Dealer Vehicle to the delivery location within the required time, AccuTrade may, in its sole discretion, revalue the Dealer Vehicle at the delivery location using the same methodology used to establish the Confirmed Consumer Offer or Confirmed Dealer Offer (as applicable) price and pay the Subscribing Dealer the revised price.
Purchase Price. Upon the satisfaction of all of requirements, AccuTrade or its affiliates shall, in no later than 72 hours (provided, however, that non-Business Days shall toll the foregoing 72 hour window), make an electronic funds transfer or mail a check (such amount, the “Dealer Payment”) to the Subscribing Dealer in the amount of: (a) in the case of Dealer Vehicles the AccuTrade Purchase Notice, the purchase price set forth in the Confirmed Consumer Offer. For the avoidance of doubt, if the Confirmed Consumer Offer includes a price that was manually adjusted (up or down) by the Subscribing Dealer, the price payable by AccuTrade under this subsection
(a) shall be deemed to be the price initially generated by the Software for the Confirmed Consumer Offer not taking into account the manual adjustment; or
(b) in the case of Dealer Vehicles the AccuTrade Purchase Notice, the amount set forth in the Confirmed Dealer Offer. Provided that a Subscribing Dealer has satisfied all of the requirements (including delivery of the applicable Dealer Vehicle to the Delivery Location), AccuTrade shall not charge such Subscribing Dealer for any fees, costs or expenses in respect of the Instant Cash Offer Remarketing Guarantee.
By submitting information and material to the Site or to AccuTrade, whether by email, telephone or other mode of communication, or through access to and use of the Site or the Content, including but not limited to access to and use of Appraiser, you thereby expressly grants AccuTrade a royalty-free, perpetual, transferable, irrevocable, non-exclusive right and license to use, access, edit, store, enhance, make and have made, reproduce, modify, adapt, copy, reproduce, distribute, broadcast, publish, perform, display publicly, translate, prepare derivative works of, and otherwise use and distribute, such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed, and to sublicense such rights through multiple tiers, subject to the Privacy Policy, as set forth on this Site. AccuTrade reserves the right to modify the Site, the Content, and Products, and to edit or reject any submitted information and material or portion thereof from use on the Site, Content, or Products in its sole discretion and without notice.
You acknowledge that the Site includes certain trademarks and service marks owned by AccuTrade and its affiliates and subsidiaries. You agree not to use any trademarks, service marks, names, logos, or other identifiers of AccuTrade or its employees, affiliates, subsidiaries, independent contractors, and providers without the prior written permission of AccuTrade, or: (i) in, as, or as part of, any third parties; (ii) to identify non-AccuTrade products or services; or (iii) in a manner likely to cause confusion or that implies that AccuTrade sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties. You further agree that you will not alter or remove any trademark, logos, copyright or other notice from any copies of the Content. Other marks appearing on the Site are the property of their respective owners. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to legal@cars.com or mailed to Accu-Trade, LLC
(with a copy to Cars.com, LLC)
300 S. Riverside Plz., Suite 1000
Chicago, IL 60606.
It is the policy of AccuTrade to respond to claims of intellectual property infringement. AccuTrade will promptly process and investigate notices of alleged infringement and 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:
Cars.com LLC
Legal Department
300 S. Riverside Plz.
Suite 1000
Chicago, IL 60606
USA
Phone: 312-601-5000
Fax: 312-601-5755
Email: legal@cars.com
To be effective, the notification must be a written communication that includes the following:
Access to the Site or to portions thereof, or access to Products, may be occasionally interrupted to perform changes or necessary maintenance; or for certain types of “force majeure” events (e.g., “acts of God”, weather calamities, riots, wars, internet connectivity issues, etc.) beyond the reasonable control of AccuTrade for which AccuTrade shall have no liability.
By accessing this Site, you agree that you will not use any automated mechanism, which may include but is not limited to such mechanisms as web robots, crawlers or spiders to access, query or otherwise collect information or scrape data from the Site, and will not use any device or routine that would interfere with the proper working of the Site. Unless otherwise permitted by AccuTrade, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Service in any other manner or for any other purpose constitutes an infringement of AccuTrade’s intellectual property and other proprietary rights. Use of the Site or any portion thereof on any other website is expressly prohibited without prior written permission from AccuTrade. You shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Content (defined below).
You hereby represent and warrant that you have all necessary authority, rights and permissions to access this Site and/or Products. You agree to release, defend, indemnify and hold AccuTrade, its affiliates and subsidiaries, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from (i) your use of the Site or any reliance on the Products or Content, (ii) your breach of these Terms or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS PRODUCTS AND CONTENT IS AT YOUR OWN RISK. ACCUTRADE, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND ACCUTRADE, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS 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 NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. ACCUTRADE AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. ACCUTRADE CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. ACCUTRADE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT YOURSELF TERMS, ACCUTRADE DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
ACCUTRADE, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, THE CONTENT, THESE TERMS, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF ACCUTRADE, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.
Some aspects of the Service may be dependent upon third party service providers, such as a wireless carrier or social media platform. We do not control such third-party service providers and are not responsible or liable for their acts or omissions. In addition, such third-party service provider may have their own terms, policies and guidelines. You should become familiar with all such terms, policies or guidelines prior to using the Service through such third-party service provider. Platform providers, such as Apple, Inc. and Google, Inc., that make our mobile applications available for download (“Platform Providers”) are not parties to these Terms. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the mobile applications. In the event of any failure of a mobile application to conform to the warranties herein, you may notify the applicable Platform Provider, and such Platform Provider may refund any purchases made through the mobile application (if applicable). To the fullest extent permitted by law, Platform Providers will have no other warranty obligation whatsoever with respect to a mobile application.
By using the Site, you agree to indemnify, defend and hold AccuTrade, and its officers, subsidiaries, licensors, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements or liabilities (“Claims”), and all resulting losses, damages, liabilities, fees, liens, assessments, penalties, judgements, costs and expenses (including reasonable attorneys’ fees), made or initiated by any third party due to or arising out of your use of the Site, your violation of these Terms your violation of any rights of another, or any use of the Products. You agree to notify AccuTrade within seven (7) days of the filing of any Claims, and AccuTrade reserves, and you grant to AccuTrade, the right to participate in or assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of these Terms. You are responsible for maintaining the security of your password and you are responsible for all statements or reviews made and acts that occur through the use of your account.
AccuTrade does not guarantee or warrant that the Site, Products or Content will be free from infection, viruses, worms, Trojan Horses or other codes or features that manifest contaminating or destructive properties, nor can AccuTrade provide any assurance that unauthorized persons will not be able access your computers, data or systems by means of the Site or systems or through use of e-mail addresses, user names or other information unauthorized persons may find on the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for system security, accuracy of data input and output and for maintaining your own means for the reconstruction of any lost data or otherwise dealing with system security breaches. Even with the use of encryption, you acknowledge that the Internet is not a 100% secure medium and privacy cannot be guaranteed. AccuTrade will not be responsible for any damages you or any third party may suffer as a result of the transmission that you make to AccuTrade through the Internet, or that you expressly or implicitly authorize AccuTrade to make, or for any errors, data corruption or any changes made to any transmitted information.
Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of Content and Products, and any other information, content, or materials accessed through or obtained by means of the Site. Under no circumstances shall AccuTrade or its affiliates and subsidiaries, or their respective directors, officers, employees and agents, or any third-party supplier, provider, or licensor, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Site, Products, and/or Content, even if advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract or any other legal or equitable theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the Site, Products, and/Content. Some states do not allow the exclusion or limitation of liability for these kinds of damages, so the above limitations or exclusions may not apply to you.
This Site is intended only for users in the United States of America and Canada. AccuTrade makes no representation that the Site, or the Products available through it, are appropriate or available for use at other locations outside the United States of America or Canada, and access to the Site from territories where the Site or the Service are illegal is prohibited. The export and re-export of software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to certain designated countries, or any country to which the United States embargoes goods. In addition, AccuTrade software may not be distributed to certain designated persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. If you use or access the Site or the Products outside of the United States of America or Canada, it is your responsibility to ensure that your use complies with all applicable laws, rules, and regulations and, without limiting the generality of your obligations under the indemnity provisions these Terms, you agree to indemnify, defend and hold the Indemnified Parties harmless from any Claim brought or asserted against any of the Indemnified Parties arising out of your use or access of any of the Sites or Products outside of the United States of America and Canada.
These Terms, any transactions consummated thereunder, and any other disputes related in any way to your access to and use of this Site and/or its Products shall be governed by and construed under the laws of the United States and of the State of Illinois, without regard to conflicts of law principles or rules thereof. Any legal action arising out of or related to these Terms or your access to and use of this Site and/or its Products must be commenced within one year after the cause of action arises. YOU AGREE AND UNDERSTAND THAT ACCUTRADE AND YOU EACH WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY. AccuTrade and you each agree to use best efforts to settle any dispute or claim arising out of, or relating to, these Terms or your access to and use of this Site and/or its Products. If AccuTrade and you cannot reach a written settlement agreement within thirty (30) days of the raising of the controversy or claim, AccuTrade and you shall submit the dispute to binding arbitration to take place in the State of Illinois. To the degree the arbitration provision is deemed unenforceable, or if any action is otherwise allowed to be maintained in a court of competent jurisdiction, you agree that such action must be commenced in a State or Federal Court within the State of Illinois.
ACCUTRADE AND YOU AGREE THAT ANY DISPUTES, CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO AND USE OF THE SITE AND/OR ITS CONTENT OR SERVICE MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. ACCUTRADE AND YOU AGREE THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME CLAIM UNLESS ARISING FROM THE SAME TRANSACTION. FURTHERMORE, ACCUTRADE AND YOU AGREE THAT NEITHER YOUR NOR ACCUTRADE MAY PURSUE THE CLAIMS IN ARBITRATION AS A CLASS OR COLLECTIVE ACTION, AS A PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION. CLAIMS MAY NOT BE PURSUED IN ANY COURT OTHER THAN TO ENFORCE THE ARBITRATOR’S AWARD. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS.
AccuTrade and you agree that this Section shall be construed and interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq. AccuTrade and you agree that any and all Claims shall be submitted to final and binding Arbitration, to take place within the State of Illinois,before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules (www.adr.org/commercial) (“AAA Rules”). Judgment may be entered on the arbitration award by a court of competent jurisdiction within the State of Illinois. You agree that Claims submitted to arbitration shall be decided in a single arbitration before a single arbitrator who must be on the AAA National Roster of Commercial Arbitrators and selected in accordance with the AAA Rules. The arbitrator shall have the authority to award the same damages, including reasonable attorney’s fees, and all other relief that a court can award. You acknowledge and agree that you voluntarily and knowingly entered into these Terms and chose to use the Site and the Products offered by it rather than companies that offer similar services and who may not have an arbitration agreement.
AccuTrade reserves the right to update and periodically amend these Terms at its discretion and at any time. If AccuTrade makes changes to these Terms, amendments will be posted online and the date of update will be included. Your continued use of the Site after any such update indicates your agreement to the same. If you do not agree to the modified terms for the Site or Products, you must discontinue your use of the Site and Products. AccuTrade may modify, suspend, discontinue, or restrict the use of any portion of the Site without notice or liability.
This Site may contain links to or otherwise allow connections to third-party websites, products, or services that are not owned or controlled by AccuTrade. You agree that AccuTrade is not responsible or liable for the content, policies or practices of any third-party websites or for any non- AccuTrade products or services. AccuTrade does not sponsor or endorse such websites and is not responsible for the accuracy, content or any aspect thereof. AccuTrade disclaims all liability for such websites, and for any use of the links to such websites or use of such websites themselves. AccuTrade also disclaims all liability and makes no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other websites, and the offer or purchase of products or services on or through such other websites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against AccuTrade arising from or based on your use of, or the offer or purchase of products or services on or through, such other websites. Links do not imply that AccuTrade is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in connection with or accessible through such links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of AccuTrade or any of its affiliates and subsidiaries.
When you visit the Site, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with them by phone, email or by posting notices on the Site. To unsubscribe from news, promotions, special offers and other information from AccuTrade, regarding AccuTrade, its affiliates and selected partners, email support@accu-trade.com and/or select the unsubscribe link on electronic communication.
These Terms supersedes all prior and contemporaneous agreements and understandings between you and AccuTrade relating to the Site and the Products, other than any additional terms applicable to a particular Service. You may not transfer your rights or obligations under these Terms without the prior written consent of AccuTrade. AccuTrade may freely do so, in whole or in part. These Terms will be binding upon the successors and permitted assigns of you and AccuTrade. These Terms do not create any third party beneficiary rights. AccuTrade’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. You and AccuTrade are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
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If you have any questions or comments about these Terms, please contact AccuTrade at:
Phone: 312.601.5000
Email: Privacy@cars.com
Finally, you may also mail us at:
Accu-Trade, LLC/Cars.com
Attn: Privacy at Customer Care
300 S. Riverside, Suite 1000
Chicago, IL 60606
©2024 Accu-Trade, LLC, 300 S. Riverside Plaza, Suite 1000, Chicago, IL 60606
Last Updated — March 2024