Terms and Conditions
Terms of Conditions
Effective Date: February 5, 2015
Please read this Agreement carefully before accessing, paying for, or using the Website and associated services. You agree that your accessing and use of the Website subject you to the applicable terms of this Agreement.
CAR FINDER EXPRESS MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, UPGRADE, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT CAR FINDER EXPRESS MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT. HOWEVER, CAR FINDER EXPRESS WILL MAKE REASONABLE EFFORT TO NOTIFY YOU BEFORE ANY MAJOR CHANGES ARE MADE TO THE WEBSITE.
1.About the Site
CarFinderExpress.com matches used car seekers with specific vehicles that are located at specific car dealers. The website also provides applicants with the opportunity to complete online car loan applications by providing information and quotes regarding auto insurance, car loan calculations, credit scores, and opt-into a call about repairing their credit.
Although the Website aims to provide reliable resources about used car, quotes, Car Finder Express does not guarantee the information provided about the third party car listings hosted on carfinderexpress.com.
Even though Car Finder Express will use commercially reasonable efforts to enable the Website to be generally accessible, you understand that Car Finder Express is not obligated to provide any maintenance, technical or other support for the Website.
2.Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. Persons under the age of eighteen (18) may not use the Website. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to Car Finder Express and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and Car Finder Express makes no representation that its Website or services are appropriate, lawful, or available for use in other locations. Car Finder Express does not offer the Website where prohibited by law. You agree that if it is illegal in your jurisdiction to use the Website, you are prohibited from doing so.
3.Ownership of Website and License
You acknowledge and agree that Car Finder Express is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Car Finder Express.
Car Finder Express hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. Absent prior written permission from Car Finder Express, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Car Finder Express.
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. Specially, all Car Finder Express marks are owned by or licensed property of Car Finder Express, including, but not limited to CAR FINDER EXPRESS and CAR FINDER EXPRESS logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Car Finder Express. You are prohibited from using Car Finder Express’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Car Finder Express.
5.Our Web Service Is Free:
Use of the Website is free for all users. Any enhanced services or tools for advertisers can be purchased on terms included or displayed on the Website, including the terms posted herein.
Car Finder Express may change any terms, conditions, rates, fees, expenses, or charges regarding your use of the Website at any time. Your use of the Website shall constitute acceptance of any changes made to this Agreement.
You agree to provide Car Finder Express with accurate, up to date, and complete information. You understand and agree that you have an ongoing duty to update your personal information if and when it changes. You are expressly prohibited from impersonating another person or otherwise violates the rights of a third party. Car Finder Express reserves the right to restrict your access to the Website, in its sole discretion, and without prior warning.
You agree that Car Finder Express, and its designees and agents, may contact you by any available means, including, but not limited to, by email.
6.Section 230 of Communications Decency Act
You acknowledge and agree that Car Finder Express is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Car Finder Express may edit, remove, or control the content displayed through the Website, you agree that Car Finder Express will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
7.Third Party Links
You understand that the Website may contain banners, pop-ups, and links to third party websites, applications, or services that Car Finder Express does not own or control. You agree that Car Finder Express will not be held responsible or liable for the content of banners, pop-ups, third party websites, applications, or services and that Car Finder Express’s inclusion of those websites, applications, or services within its Website does not constitute Car Finder Express’s endorsement of, recommendation of, or affiliation with any of those banners, pop-ups, websites, applications, or services.
Car Finder Express does not endorse, recommend, or advise any commercial product, process, or service regarding car loan applications or credit decisions. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of Car Finder Express and are not intended to be used for advertising or product endorsement purposes. The goods and services listed on this Website are not an offer to enter into a contract with Car Finder Express.
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing Car Finder Express’s technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Car Finder Express by sending an email to [email protected]
10.Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. Car Finder Express may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
11.Disclaimer of Warranties
CAR FINDER EXPRESS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH OR FALSITY OF ANY INFORMATION SUBMITTED TO THE WEBSITE OR POSTED ON THE WEBSITE, OR THE ACCURACY OF ANY INFORMATION POSTED ON THE WEBSITE.
CAR FINDER EXPRESS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES PURCHASED THROUGH THE WEBSITE. CAR FINDER EXPRESS PROVIDES THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
CAR FINDER EXPRESS WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. CAR FINDER EXPRESS IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, OR ALTERATION THEREOF. CAR FINDER EXPRESS RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
CAR FINDER EXPRESS WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME. YOU DOWNLOAD INFORMATION FROM THIS SITE AT YOUR OWN RISK. CAR FINDER EXPRESS MAKES NO WARRANTY THAT DOWNLOADS ARE FREE OF CORRUPTING COMPUTER CODES, INCLUDING, BUT NOT LIMITED TO, VIRUSES AND WORMS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF CAR FINDER EXPRESS’S WEBSITE OR RELATED SERVICES REMAINS WITH YOU.
12.Limitation of Liability
CAR FINDER EXPRESS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT CAR FINDER EXPRESS CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO CAR FINDER EXPRESS, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. CAR FINDER EXPRESS IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE OR THE ACCURACY OR COMPLETENESS OF THE INFORMATION YOU PROVIDE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend Car Finder Express, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services purchased through the Website, your reliance upon advice provided through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Car Finder Express under the terms of this Agreement will not provide you with the right to control Car Finder Express’s defense, and Car Finder Express reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Car Finder Express.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Car Finder Express may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
15.Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of Florida without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Car Finder Express will be exclusively resolved through arbitration.
YOU AND CAR FINDER EXPRESS AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM CAR FINDER EXPRESS, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN THE STATE OF FLORIDA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF FLORIDA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND CAR FINDER EXPRESS AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF FLORIDA. YOU AND CAR FINDER EXPRESS AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and Car Finder Express will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Car Finder Express inadvertently collects such personally identifiable information, Car Finder Express will delete the personally identifiable information in accordance with its security protocols.
Limitation On Actions
CAR FINDER EXPRESS AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
Reservation of Rights
All rights not expressly granted herein are reserved to Car Finder Express.
Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
Car Finder Express, LLC
7000 W. Palmetto Park Road, Suite 210
Boca Raton, FL 33433
A copy of any such notice must be emailed to [email protected], but email notice alone shall not comply with the notice requirements of this Agreement.