- How the Service Works.
- Registration with the Service. If you would like to register to participate in the Service as a CarBuckets dealership, you will first be asked to identify the brand of the vehicles that your new motor vehicle dealership sells, your dealership name and location and the web address for your dealership website, and your appointment preferences for scheduling test drives. You will also need to provide information to let us know who to contact at your dealership. You will next be asked to create a password that will be associated with your CarBuckets dealership account. Currently the Service is only provided in select cities. If the Service is not currently available in the city and/or state where your dealership is located you can provide us with your name and email address and we will notify you when the Service is available in your location. If the Service is available in the city and state where your dealership is located we will process your registration information and a CarBuckets representative will contact you to discuss your enrollment in the Service.
- Bidding Process . Following your execution of the CarBuckets Dealership Agreement, you will be eligible to participate in the CarBuckets bidding process. Prior to the commencement of the CarBuckets bidding process, we will collect information from registered users of the Service about their location and requested vehicle brand. Each user's location and requested vehicle brand will then be compared with information provided by other users of the Service, and if there are other users in the same location with the same requested vehicle brand they will be placed together in a "CarBucket". If your dealership offers the vehicle brand that has been requested by the users in the applicable CarBucket, and the CarBucket is activated, we will notify you and invite you to be part of the bidding process for the applicable CarBucket. The bidding process will include two rounds of bidding. As part of the first round of bidding we will provide you with the requested year, brand, model, and MSRP of each vehicle in the CarBucket, and you will be required to provide a total out the door price for each vehicle in the CarBucket. You may also elect, at no extra charge, to automatically place bids using the prices advertised for the vehicle inventory on your dealership website. We will then compare your bid with the bids of other CarBuckets dealerships participating in bidding on that CarBucket and, if your dealership is one of the two CarBuckets dealerships offering the lowest total price on that CarBucket, we will notify you via email and/or text message that you have won the first round of the bidding process. If you have not submitted a winning bid, we will send you a notice stating that your bid was not low enough. If you have submitted one of the two winning bids during the first round of bidding, you will be asked to participate in the final round of bidding and will again be asked to provide a CarBuckets price for each vehicle in the CarBucket. If you do not submit a bid before the close of the second round, your bid from the first round will be used again for your second round bid. If the total price offered in your second bid for that CarBucket are lower than the price offered by the other CarBuckets dealership participating in the second round, you will win the bidding process. CarBuckets will only share the identity of your dealership and the pricing offered by your dealership to users of the Service who are part of a CarBucket for which you are the winning dealership and will not share the identity of your dealership, or the pricing offered by your dealership, with other CarBuckets dealerships. However, all Dealerships participating in a CarBucket will be able to view the lowest price bid for each model in that CarBucket, but not the Dealership who submitted that bid.
- CarBuckets Test Drive Dates . If your dealership wins the final round of the bidding, you may also modify your appointment preferences prior to any auction to adjust the dates and times when users can visit your dealership and test drive the vehicles you have identified as part of your winning bid (the "CarBuckets Test Drive Dates"). The CarBuckets Test Drive Dates must be within five days following the date on which your dealership wins the applicable bidding process, and there must be a sufficient number of time slots and available sales associates to accommodate the number of users that are part of the applicable CarBucket.
- Confirmation Receipt . In order to confirm that users visit your car dealership during the CarBuckets Test Drive Dates, the dealership will access the CarBuckets dealer portal to generate a CarBuckets Test Drive confirmation receipt, which can either be emailed to the user or printed at the dealership and given to the user.
- No Guarantee . We cannot and do not guarantee that any CarBuckets will be activated or that you will be invited to participate in any particular CarBucket. Further, if you win a CarBuckets bidding process we cannot and do not guarantee that any users who are part of the applicable CarBucket will purchase a vehicle from your dealership. However, your dealership will not be required to pay the $150.00 Winning Test Drive Fee for each user in the applicable CarBucket who fails to take a test drive. See the CarBuckets Dealer Agreement for more details.
- Eligibility. The Service is not provided to users who are under eighteen (18) years of age, or who are under the applicable legal age of majority in their jurisdiction.
- Prohibited Activities. You may not access or use the Service for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Service in our discretion. These prohibited activities include, without limitation, the following:
- Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
- Using any information obtained from the Service in order to contact, advertise to, solicit or sell any products or services to any user without their consent.
- Interfering with, disrupting or creating an undue burden on the Service or the networks or services connected to the Service.
- Attempting to impersonate another user or person.
- Using the I.D. or account of another dealership user.
- Using any information obtained from the Service in order to harass, abuse or harm another person.
- Using the Service in a manner inconsistent with any and all applicable laws and regulations.
- Cancellation. Either party may cancel this Agreement on the terms set forth in the CarBuckets Dealer Agreement.
- Disclaimer of Warranties . THE INFORMATION CONTAINED IN and provided through the Service, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, is PROVIDED "AS IS". CarBuckets does not WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ACCESSED ON OR THROUGH THE Service AND CarBuckets EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THE Service. NO WARRANTY OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH any INFORMATION, MATERIALS, OR SERVICES provided through the Service.
SOME STATES RESTRICT DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.
- Limitation of Liability . IN NO EVENT SHALL CarBuckets BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, including any lost profits, lost data, or lost savings, whether based on breach of contract, breach of warranty, tort or any other legal theory, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF the Service OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES provided through the Service, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF CarBuckets OR ITS THIRD PARTY Suppliers ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL CarBuckets' AGGREGATE LIABILITY FOR ANY CLAIM EXCEED $100.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
- Non-Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Force Majeure. CarBuckets shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond CarBuckets' reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation.
- Notices. You consent to receive notices and other communications regarding these terms and conditions and/or other aspects of the Service through posting of notices on the Service. You agree that all agreements, notices, disclosures, and other communications that CarBuckets provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.