Effective Date: October 17, 2023
Thank you for visiting Cars.com Inc, doing business as Cars Commerce, Inc (the “Site”)(“Cars Commerce” “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 of Use (“Terms and Conditions”) govern access to and use of the Site and services or products provided by Cars Commerce as made available on the Site or otherwise (“Services”).
By accessing and using this Site, you acknowledge you have read, understood and agree to be bound to the conditions of these Terms and Conditions. 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 CONDITIONS, 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.
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.
Depending on where you reside, you may have the rights to access, correct, or delete your Personal Information, as well as opt out of the sale of your Personal Information and the processing of your Personal Information for targeted advertising. For more information about how Cars Commerce collects and processes Personal Information and how you may exercise these rights, please access the full Privacy Notice here.
Cars Commerce operates the Site as an online advertising and research service for car buyers, sellers and enthusiasts. Cars Commerce does not sell vehicles directly and is never a party to any transaction between buyers and sellers. As a result, Cars Commerce does not (a) guarantee or ensure any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any vehicles.
By accessing the Site and Services, you agree that Cars Commerce is not responsible for any third party products and services information, whether such materials are accessed directly by you or used by Cars Commerce in providing the Services, including whether third party products and services information is accurate or whether the third party products and services information is suitable for your use or use in connection with the Services. You agree that Cars Commerce is not responsible for whether third party products and services information accessed by you is available for your use and for the performance or operation of any third party website.
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 Cars Commerce for which Cars Commerce 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 Cars Commerce, 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 Cars Commerce’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 Cars Commerce. You shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Site.
You acknowledge that the Site includes certain trademarks and service marks owned by Cars Commerce and its affiliates and subsidiaries. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Cars Commerce or its employees, affiliates, subsidiaries, independent contractors, and providers without the prior written permission of Cars Commerce, or: (i) in, as, or as part of, any third parties; (ii) to identify non Cars Commerce products or services; or (iii) in a manner likely to cause confusion or that implies that Cars Commerce sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties. Other marks appearing on the Site are the property of their respective owners. Requests regarding use of the Cars Commerce intellectual property for any purpose use should be directed to firstname.lastname@example.org or mailed to Cars.com LLC, 300 S. Riverside Plz., Suite 1000, Chicago, IL 60606.
Please note that all software programming, including without limitation all HTML and other code contained in the Site (collectively, “Software”), is owned by Cars Commerce and its affiliates and subsidiaries and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
It is the policy of Cars Commerce to respond to claims of intellectual property infringement. Cars Commerce 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:
To be effective, the notification must be a written communication that includes the following:
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS SERVICES IS AT YOUR OWN RISK. CARS COMMERCE, INC , 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 MATERIALS, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, AND THE MATERIALS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND CARS COMMERCE, INC , 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. CARS COMMERCE 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. CARS COMMERCE CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. CARS COMMERCE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. 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.
CARS COMMERCE, 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, THESE TERMS AND CONDITIONS, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF CARS COMMERCE, 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.
By using the Site, you agree to indemnify, defend and hold Cars Commerce, 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 and Conditions or your violation of any rights of another. You agree to notify Cars Commerce within seven (7) days of the filing of any Claims, and Cars Commerce reserves, and you grant to Cars Commerce, 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 and Conditions. 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.
Cars Commerce does not guarantee or warrant that the Site, Services, or any content thereon will be free from infection, viruses, worms, Trojan Horses or other codes or features that manifest contaminating or destructive properties, nor can Cars Commerce 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 or content 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. Cars Commerce will not be responsible for any damages you or any third party may suffer as a result of the transmission that you make to Cars Commerce through the Internet, or that you expressly or implicitly authorize Cars Commerce to make, or for any errors, data corruption or any changes made to any transmitted information.
You understand and agree that in Cars Commerce’s sole discretion, and without prior notice, your access to the Site or Services may be terminated or suspended, and Cars Commerce may exercise any other remedy available if Cars Commerce believes that your use of the Site and/or any content you provide (a) violate (i) these Terms and Conditions, (ii) the rights of Cars Commerce, 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 Cars Commerce for violations of these Terms and Conditions, and you consent to injunctive or other equitable relief for such violations without the requirement that Cars Commerce post a bond. Cars Commerce is not required to provide any refund to you if you are terminated as an authorized user of the Site because, in Cars Commerce’s sole discretion, you have violated these Terms and Conditions.
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 Services, and any other information, content, or materials accessed through or obtained by means of the Site. Under no circumstances shall Cars Commerce 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 and/or Services, 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, and Services. 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.
The following is a partial list, in addition to other prohibited actions in these Terms and Conditions, of the kinds of activities that are prohibited on or through the Site: (a) submitting content that is patently offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting content that could be harmful to minors; (c) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to Cars Commerce users or others; (d) engaging in activity or submitting content, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (f) using the Site’s lead forms and/or toll-free numbers to advertise or promote products and services to Cars Commerce advertisers; (g) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; or (h) taking any action that imposes an unreasonable or disproportionately large load on Cars Commerce’s hardware and software infrastructure (collectively, “Prohibited Activities”).
Your use of the Site and Services may involve the transmission of your personal information. Cars Commerce’s notices regarding the collection and use of personal information are governed by the Cars Commerce’s Privacy Notice and Privacy Notice for California Residents , both of which are hereby incorporated by reference in their entirety.
This Site is intended only for users in the United States of America and Canada. Cars Commerce 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, Cars Commerce 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 and Conditions, 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 and Conditions, 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 State of Illinois, without regard to conflicts of law principles or rules thereof. Any legal action arising out of or related to these Terms and Conditions 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 CARS COMMERCE AND YOU EACH WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY. Cars Commerce and you each agree to use best efforts to settle any dispute or claim arising out of, or relating to, these Terms and Conditions or your access to and use of this Site and/or its Services. If Cars Commerce and you cannot reach a written settlement agreement within thirty (30) days of the raising of the controversy or claim, Cars Commerce 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.
CARS COMMERCE AND YOU AGREE THAT ANY DISPUTES, CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR YOUR ACCESS TO AND USE OF THE SITE AND/OR ITS 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. CARS COMMERCE 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, CARS COMMERCE AND YOU AGREE THAT NEITHER YOUR NOR CARS COMMERCE 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.
Cars Commerce and you agree that this Section 21 shall be construed and interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq. Cars Commerce 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 Conditions 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.
Cars Commerce reserves the right to update and periodically amend these Terms and Conditions at its discretion and at any time. If Cars Commerce makes changes to these Terms and Conditions, 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. Cars Commerce 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 Cars Commerce. You agree that Cars Commerce is not responsible or liable for the content, policies or practices of any third-party websites or for any non- Cars Commerce products or services. Cars Commerce does not sponsor or endorse such websites and is not responsible for the accuracy, content or any aspect thereof. Cars Commerce disclaims all liability for such websites, and for any use of the links to such websites or use of such websites themselves. Cars Commerce 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 Cars Commerce 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 Cars Commerce 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 Cars Commerce or any of its affiliates and subsidiaries.
These Terms and Conditions supersedes all prior and contemporaneous agreements and understandings between you and Cars Commerce 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 and Conditions without the prior written consent of Cars Commerce. Cars Commerce may freely do so, in whole or in part. These Terms and Conditions will be binding upon the successors and permitted assigns of you and Cars Commerce. These Terms and Conditions do not create any third party beneficiary rights. Cars Commerce’s failure or delay in exercising any right, power or privilege under these Terms and Conditions 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 and Conditions. You and Cars Commerce are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
By providing your email address, you agree that Cars Commerce 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. Cars Commerce 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 and Conditions, please contact Cars Commerce at:
Finally, you may also mail us at:
Attn: Legal Department
300 S. Riverside Plaza, Suite 1000
Chicago, IL 60606
Effective Date: July 31, 2023