Terms of Service
By accessing or using this website, any of its pages and/or any of the services referenced herein, you accept and agree to be bound by the Terms of Service setforth below.
1.ARBITRATION AGREEMENT AND WAIVER OF RIGHT TO BRING COLLECTIVE ACTION.
You and CarsofLA agree to final and binding arbitration of all Claims (asdefined in the Arbitration Agreement) before the American Arbitration Association pursuant to the written Arbitration Agreement (the “Arbitration Agreement”). PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHTS, AND THOSE TO WHOM YOU PROVIDE ACCESS TO YOUR ACCOUNT. THE AGREEMENT TO ARBITRATE ALL CLAIMS IS A CONDITION OF YOUR USE OF THE CARSOFLA WEBSITE AND/OR ANY OF THE SERVICES REFERENCED HEREIN.
2.CHOICE OF LAW.
Except as otherwise expressly provided in the CarsofLA Arbitration Agreement( which applies the Federal Arbitration Act), the relationship between you and CarsofLAare governed by the laws of the State of California without regard to itsconflict/choice of law provisions.
3.ACCEPTANCE OF TERMS.
CarsofLA, Inc. (“CarsofLA,” “we,” “us,” or “our”) provides users with an online automotive information and communications platform, as well as related servicesthat can be accessed from or through this website (collectively, “Services”).Please carefully read these Terms of Service before using the Services. Byaccessing or using the Services, including this website, you accept and agreeto be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If youdo not agree to the Terms of Service, you are not authorized to use thiswebsite or the Services. These Terms of Service also apply to any co-branded orframed version of this website.Youruse of certain materials and features of this website and/or the Services maybe subject to additional terms and conditions which are incorporated herein byreference and become part of the Terms of Service. By using those materials andfeatures, you also agree to be bound by such additional terms and conditions.Unless explicitly stated otherwise, any new features that augment or enhancethe current Services shall be subject to the Terms of Service.Thiswebsite is controlled and operated by CarsofLA from its offices within theUnited States. CarsofLA makes no representation that information or materialsavailable on this website are appropriate or available for use in otherlocations, and access to this website from territories where its contents areillegal is prohibited. Those who choose to access this website from otherlocations do so at their own initiative and are responsible for compliance withapplicable local laws.4.USER
CONDUCT
You are authorized by CarsofLA to access and use the Services, including the information on this website, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced,used, sold, transmitted, used to create a derivative work, or otherwise usedfor commercial or public purposes without CarsofLA’s express prior written consent. Any use of data mining, robots or similar data gathering or extractiontools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website orits content, is strictly prohibited. You agree not to use the Services,including this website, for any unlawful purpose.Inorder to access certain features of this website you may be required toregister. You are responsible for maintaining the confidentiality of yourpassword and account and are fully responsible for all activities that occurunder your password or account. You agree to immediately notify CarsofLA inwriting of any unauthorized use of your password or account or any other breachof security, and ensure that you exit from your account at the end of eachsession. CarsofLA is not liable for any loss or damage arising from yourfailure to comply with this section. You agree not to modify the Services oruse modified versions of the Services (except if modified by CarsofLA),including for the purpose of obtaining unauthorized access to the Services. Youagree not to access the Services by any means other than through the interfacethat is provided by CarsofLA for use in accessing the Services.
5.TELEPHONIC COMMUNICATIONS WITH CARSOFLA, CARSOFLA CERTIFIED DEALERS, CARSOFLA PARTICIPATING LENDERS AND THIRD PARTY PARTNERS
You acknowledge that telephone calls to or from CarsofLA, CarsofLA CertifiedDealers, CarsofLA Participating Lenders, and/or third party partners (“CarsofLAParties”) may be monitored and recorded and you agree to such monitoring andrecording. CarsofLA will have access to your text communications with thedealer using our services to help resolve any disputes, enforce rules torespect your privacy, and better tailor our services to you.Youverify that any contact information provided to CarsofLA Parties, including,but not limited to, your name, mailing address, email address, your residentialtelephone number, and/or your mobile telephone number, is true and accurate.You verify that you are the current subscriber or owner of any telephone numberthat you provide. You are strictly prohibited from providing a phone numberthat is not your own. If we discover that any information provided in connectionwith your account registration is false or inaccurate, we may suspend orterminate your account at any time. Should any of your contact information change, including ownership of your telephone number(s), you agree toimmediately notify us by texting STOP to any text message or calling us, inaccordance with the instructions below.Youagree to indemnify, defend and hold the CarsofLA Parties harmless from andagainst any and all claims, losses, liability, costs and expenses (includingreasonable attorneys’ fees), including, but not limited to, claims under theFederal Telephone Consumer Protection Act or its state law equivalent, andincluding claims arising from your voluntary provision of contact information(including a telephone number) that is not your own, your failure to notify usof any changes to your contact information, including telephone number, and/orfrom your violation of any federal, state or local law, regulation orordinance. We shall have the exclusive right to choose counsel, at yourexpense, to defend any such claims.Youacknowledge that by voluntarily providing your telephone number(s) to CarsofLAParties, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to pricing and offers, your inquiryand/or account, any transaction, and/or your relationship with CarsofLAParties. This does not mean that all calls or text messages to you will be sentthrough automated means. You also agree to be contacted at email and mailing addresses provided by you. Consent to receive automated marketing calls/textsis not a condition of any purchase, lease, financing or loan. Calls or textmessages may be sent by CarsofLA Parties even if your telephone number isregistered on any state or federal Do Not Call list. You acknowledge that wemay add to or withdraw dealers, lenders, or third party partners from ourparticipating partner list at any time, and you consent to be contacted, asexplained above, by these dealers, lenders or third party partnersnotwithstanding the date of the start of your relationship with CarsofLA. Your consent to be contacted applies to participating dealers, lenders or thirdparty partners that may have existed at the start of your relationship with CarsofLAand that may thereafter be added to CarsofLA’s participating partner list. Youacknowledge that you may incur a charge for calls or text messages by yourtelephone carrier and that CarsofLA Parties are not responsible for thesecharges.Yourconsent to receive automated calls and texts is completely voluntary. You mayopt-out of automated calls or text messages at any time. To opt-out of textmessages, reply STOP to any text message you receive or follow other opt-outinstructions included with the text message. You acknowledge and agree that youmay receive a text message confirming your opt-out. We may use differentshortcodes or phone numbers for different purposes to better serve you. TextingSTOP to one shortcode or phone number does not effectuate a stop request forall shortcodes or phone numbers to which you are subscribed. If you would liketo stop messages from multiple shortcodes or phone numbers, text STOP to eachshortcode or each phone number to which you would like to unsubscribe.Toopt-out of automated telephone calls from CarsofLA (but not text messages),call (800) 963-1558. It is your sole responsibility to notify us if you nolonger want to receive automated calls or text messages. To opt-out ofreceiving automated telephone calls or texts from participating dealers,lenders, or third party partners, please contact the dealer, lender or thirdparty partner directly. We are not responsible for unwanted contact from thirdparties. You waive any rights to bring claims for unauthorized or undesiredcalls or text messages by failing to opt out immediately or by failing tofollow these instructions. Please allow up to thirty (30) days to process anyopt-out request. Please note that if you opt out of automated calls, CarsofLAParties reserve their right to make non-automated calls to you relating to youraccount, any transaction, or their relationship with you. Your obligationsunder this Section shall survive termination of these Terms of Service.Youare responsible for obtaining and maintaining all telephone devices and otherequipment and software, and all internet service provider, mobile service, andother services needed to receive calls and text messages. Text messaging mayonly be available with select carriers with compatible handsets.
6.PRIVACY
CarsofLA is committed to respecting your privacy and protecting your personally identifiable information. Upon your request, CarsofLA shares the information you enter on this website with participating dealers and/or buyers in order to provide you with the information you requested, and with other service providers associated with the Services. CarsofLA account data and certain other information about you and that you enter and/or we collect through your use ofthis website are subject to the CarsofLA Privacy Policy. You understand that through your use of the Services,including this website, you consent to the collection and use (as set forth inthe CarsofLA Privacy Policy) of this information. Please review our Privacy Policy for further information on our data collection and use practices.
7.SERVICES
All information provided on this website is for informational purposes only. Any incentive offer that you may receive from vehicle manufacturers throughyour use of the Services is provided directly to you by that vehicle manufacturer, and is not provided by CarsofLA. CarsofLA does not buy cars butworks in partnership with Imperial Tradelinks, Inc. for acquisition of theirinventory of used vehicles. All offers provided to the seller are provided onbehalf of Imperial Tradelinks, Inc., and their acceptance by ImperialTradelinks, Inc. and its partners are subject to thorough in-person vehicleinspection. Neitherthe accuracy of information provided on this website, nor the availability, quality,or safety of vehicles is guaranteed or controlled by CarsofLA, and CarsofLA assumes no responsibility for the foregoing. You agree that any reliance on theinformation on this website is at your own risk. Any discrepancies or mistakes made regarding vehicle availability, condition, pricing, financing, insuranceand the like are not the responsibility of CarsofLA and should be directed tothe dealer or appropriate third party vendor. You are encouraged to thoroughlyreview any documents you are asked to sign at the time of purchase or lease ofa vehicle or of other products or services. We do invite you to bring to ourattention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to info@CarsofLA.com.Forthe avoidance of doubt, CarsofLA is solely a research and communications platform. CarsofLA is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, otherautomotive-related products or services offered by third parties. CarsofLA receives a fee from the participating dealers or third-party service providersin connection with the Services.
8.NO COMMERCIAL USE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.
9.RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES
CarsofLA reserves the right to deny use of, or access to, the Services to youand/or anyone for any or no reason. CarsofLA also reserves the right at anytime and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that CarsofLA shall not be liable to you or to any third party for anymodification, suspension or discontinuance of the Services (or any partthereof).
10.INDEMNIFICATION
You will indemnify, defend and hold harmless CarsofLA and its subsidiaries,affiliates, partners, officers, directors, employees, and agents (collectively,“CarsofLA Entities”) from all claims, whether actual or alleged (collectively,“Indemnified Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit,post, transmit, modify or otherwise make available through the Services, and/orany violation of law and/or the rights of any third party. You are solely responsible for defending any Indemnified Claim against a CarsofLA Entity,subject to such CarsofLA Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements,damages, losses, liabilities, costs, and expenses, including reasonableattorneys’ fees, resulting from all Indemnified Claims against a CarsofLAEntity, provided that you will not agree to any settlement that imposes any obligation or liability on a CarsofLA Entity without its prior express writtenconsent.
11.DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTYOF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT. IN ADDITION, CARSOFLA DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE ORINFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CARSOFLA OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. CarsofLAis not responsible for making repairs to any vehicle. If you have complaints orconcerns about defects or repairs, please contact the dealer, seller, ormanufacturer directly.
12.LIMITATION OF LIABILITY; WAIVER
IN NO EVENT SHALL THE CARSOFLA ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITEOR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE,OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANYINFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLEFOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TOANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAYDEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANYSERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE,LIABILITY AND/OR COST) AGAINST THE CARSOFLA ENTITIES ARISING OUT OF YOUR USE OFOR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANYINFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, ORSERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TOTHIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
13.EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
14.NOTICE
CarsofLA may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now knownor hereafter developed. You acknowledge and agree that CarsofLA will have noliability associated with or arising from your failure to maintain and supply CarsofLA with accurate contact information about yourself, including your failure toreceive important information and updates about the Services or this website.
15.TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY
You agree that all of CarsofLA’s trademarks, trade names, service marks, logos,brand features, and product and Service names are trademarks and the propertyof CarsofLA, and that you will not display or use any of the foregoing without CarsofLA's prior written approval in each instance.Youagree that the Services contain proprietary information protected by applicableintellectual property and other laws in favor of CarsofLA. You further agree that content and information presented to you through the Services is protectedby copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
16.COPYRIGHT OR INTELLECTUAL PROPERTY COMPLAINTS
CarsofLA respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or yourintellectual property rights have been violated, please provide us with the following information: a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right; a description of the copyrighted work or other intellectual property that you claim has been infringed or violated; a description of where the material that you claim is infringing is located on our website; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.Pleasesend the foregoing information to our agent for notice of claims of copyrightor other intellectual property infringement at:
CarsofLA, Inc.
Attn: Legal
2970 E La Palma Ave Suite M
Anaheim CA 92806
17.GENERAL INFORMATION
These Terms of Service may be amended from time to time without notice in CarsofLA’s sole discretion. Any changes to the Terms of Service will be effectiveimmediately upon the posting of the revised Terms of Service on this website.The Terms of Service, including any agreements and terms incorporated byreference herein, constitute the entire agreement between you and CarsofLA andgovern your use of the Services, including this website, and supersede anyprior version of these Terms of Service between you and CarsofLA with respectto the Services. You agree that no agency relationship is created between youand CarsofLA as a result of these Terms of Service or your access to and/or useof the Services. The failure of CarsofLA to exercise or enforce any right orprovision of the Terms of Service shall not constitute a waiver of such rightor provision. If any provision of the Terms of Service is found by a court ofcompetent jurisdiction to be invalid, the parties nevertheless agree that thecourt should endeavor to give effect to the parties' intentions as reflected inthe provision, and the other provisions of the Terms of Service remain in fullforce and effect. You agree that, except as otherwise expressly provided inthese Terms of Service, there shall be no third-party beneficiaries to theseTerms of Service. The headings in these Terms of Service are for convenienceonly and have no legal or contractual effect. As used in these Terms ofService, the word “including” is a term of enlargement meaning “includingwithout limitation” and does not denote exclusivity, and the words “will,”“shall,” and “must” are deemed to be equivalent and denote a mandatoryobligation or prohibition, as applicable. All definitions apply both to theirsingular and plural forms, as the context may require. Please report anyviolations of the Terms of Service to info@CarsofLA.com. Questions regarding these Terms of Service should be sent to info@CarsofLA.com.
THECARSOFLA ENTITIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE.