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 of Service (“Terms”) govern access to and use of the Site and services or products provided by AccuTrade as made available on the Site or otherwise (“Services”).
By accessing and using this Site, you acknowledge you have read, understood and 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.
If you are a AccuTrade dealership receiving paid Services, please refer to the Terms and Conditions as those govern our relationship with you.
We may collect both “non-personal” and “personal” information from you when you interact with our Site and Services.
“Non-Personal Information” refers to information that may not by itself be reasonably associated with, linked to, or used to individually identify you or someone else. For example, general, non-specific information regarding your use of the Site and Services or derived from the information that you provide to us through the Site and Services.
“Personal Information” refers to information that may be reasonably associated with, linked to, or used to individually identify you or allow you to be personally identified or contacted. For example, Personal Information may include information such as your name, email address, telephone number, address, either alone or in combination with other information.
We may use the Non-Personal Information we collect and obtain for any lawful business purpose without any duty or obligation of accounting or otherwise to you, provided that the information remains Non-Personal Information. This may include, by way of example, developing products, services, and other offerings based on the Non-Personal Information and providing those offerings to other users and third parties. We may use the Personal Information we collect about you for a variety of purposes outlined in Cars Commerce’s Privacy Policy. Please note that, in most cases, the primary purposes for processing Personal Information are for the submission and transmittal of lead data and for powering targeted advertising and user experiences. Notably, Personal Information may also be used for additional, secondary purposes, which are provided in Cars Commerce’s Privacy Notice.
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 Services. You agree that all information that you provide to AccuTrade in connection with our Services, 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 Services.
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.
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 Services, 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 Services. 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 Services 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 SERVICES 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 Services. 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, Services 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.
You understand and agree that in AccuTrade’s sole discretion, and without prior notice, your access to the Site or Services may be terminated or suspended, and AccuTrade may exercise any other remedy available and remove any access if AccuTrade believes that your use of the Site and/or any Services (a) violate (i) these Terms, (ii) the rights of AccuTrade, its affiliates and subsidiaries, or another user of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to AccuTrade for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that AccuTrade post a bond. AccuTrade is not required to provide any refund to you if you are terminated as an authorized user of the Site because, in AccuTrade’s sole discretion, you have violated these Terms.
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 Services, 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, Services, 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, Services, 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 Services 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 Services 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 Services 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 Services 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 Services 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 Services. 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, as set forth in Section 21, below. 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 Services 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 Services, you must discontinue your use of the Site and Services. 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 Services, 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.
By providing your email address, you agree that AccuTrade may send emails to you related to the Site and/or the Services and any account you may have. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the messages. AccuTrade may send any legal notices to you via email, notification by a message to your account, and/or regular mail.
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
Updated – March 2024