CONSUMER PRIVACY POLICY

CarBuckets Consumer Privacy Policy

CarBuckets.com L.L.C. (referred to in these Terms of Use as "CarBuckets, "we", "us" or "our"), is the operator of the website www.carbuckets.com (the " Site") and the provider of an online platform made available through the Site that allows new motor vehicle dealerships to offer consumers group buying opportunities in connection with the purchase of vehicles (our services and the Site will be referred to together as the "Service"). These Terms of Use apply when you access, visit or use the Service. If you do not agree to these Terms of Use you should not access, visit or use the Service.

  1. How the Service Works.
    1. 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.
    2. CarBuckets Dealership Agreement. In addition to the registration process described above, in order to participate in the Service you will need to enter into a separate agreement with us which will set forth additional terms and conditions that will be applicable to your participation in the Service (the "CarBuckets Dealership Agreement"). The CarBuckets Dealership Agreement will be provided to you by a CarBuckets sales representative following your initial registration and will set forth all fees and payment terms and other additional terms that will be applicable to your participation in the Service. You will only become an authorized CarBuckets dealership upon execution by both your dealership and CarBuckets of the applicable CarBuckets Dealership Agreement. If any of the terms and conditions of the applicable CarBuckets Dealership Agreement are inconsistent with the terms of these Terms of Use, the terms of the CarBuckets Dealership Agreement will take precedence with regard to your dealership's participation in the Service. You have no obligation to enter into a CarBuckets Dealership Agreement; however, if you elect not to enter into a CarBuckets Dealership Agreement, you will not be able to participate in the Service.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
  1. 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.
  2. Acceptance of these Terms of Use. By registering to use the Service, and accessing, using, and viewing the Service afterwards, you are agreeing to be bound by these Terms of Use and the CarBuckets Dealer Agreement.
  3. Privacy Policy. In connection with your use of the Service, please review our Dealership Privacy Policy located at www.carbuckets.com/legal/dealer/privacypolicy (our "Privacy Policy") in order to learn more about how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to the Terms of Use, you agree to be bound by the terms of the Privacy Policy, and you agree that we may use information collected from you in accordance with the Privacy Policy.
  4. 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.
  1. Management of the Service. You acknowledge that we reserve the right, but have no obligation, to (A) take appropriate legal action against anyone who, in our sole determination, violates these Terms of Use, including, without limitation, reporting you to law enforcement authorities, (B) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Service, and (C) otherwise manage the Service in a manner designed to protect the rights and property of CarBuckets and users of the Service and to facilitate the proper functioning of the Service.
  2. Use of the Service . The Service and its contents and the trademarks, service marks and logos contained on the Service, are the intellectual property of CarBuckets or its licensors and constitute copyrights and other intellectual property rights of CarBuckets or its licensors under U.S. and foreign laws and international conventions. The Service, its contents and any data generated or produced using the Service may only be used for your internal business use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the express written consent of CarBuckets. You agree not to engage in the use, copying or distribution of the Service, any of its contents or any data generated or produced using the Service for any commercial purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Service. We may, but are not obligated to, periodically provide updates to the Service to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Service or to any contents contained on the Service. All rights not expressly granted in these Terms of Use are reserved by CarBuckets and its respective licensors, affiliates and contractors. You are solely responsible for your interactions with users of the Service.
  3. Cancellation. Either party may cancel this Agreement on the terms set forth in the CarBuckets Dealer Agreement.
  4. User Content . You shall be solely responsible for any data, information, text, messages, or other materials you upload or submit to the Service, including bids obtained by CarBuckets from the vehicle inventory shown on your dealership website. ("User Content"). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party; and will not cause injury to any person or entity. You are solely responsible for the User Content you submit in connection with the Service, and CarBuckets assumes no liability for any User Content submitted by you. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. Information that can be used to personally identify you that you provide in connection with the Service will not be considered User Content and will be handled in accordingly with our Privacy Policy.
  5. 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.

  1. 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.

  1. Indemnification. You agree to defend, indemnify and hold CarBuckets harmless from and against any and all claims, damages, and costs including attorneys' fees, arising from or related to your use of the Service other than in accordance with these Terms of Use
  2. Amendments. These Terms of Use may be amended by CarBuckets from time to time. CarBuckets will send you an email notification when changes are being made to these Terms of Service. You agree that you will review these Terms of Use prior to bidding on any CarBucket and that your bidding, participation, and continued use of the Site will constitute acceptance of these Terms of Service, as they may be amended from time to time.
  3. No Oral Modifications. Employees of CarBuckets are not authorized to modify these Terms of Use, either verbally or in writing. If any employee of CarBuckets offers to modify these Terms of Use, he or she is not acting as an agent for CarBuckets or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of CarBuckets or anyone else purporting to act on our behalf.
  4. No Third Party Beneficiaries. These Terms of Use are between you and CarBuckets. There are no third party beneficiaries.
  5. Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind CarBuckets in any respect whatsoever.
  6. 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.
  7. 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.
  8. Severability. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.
  9. Assignment. These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms of Use and our related rights and obligations without obtaining your consent.
  10. Entire Agreement. These Terms of Use supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Service or its contents. Modifications to the Terms of Use that are not posted on the Service are not valid unless made in writing and signed by an authorized representative of CarBuckets.
  11. 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.
  12. Contact Us . If you have any questions about these Terms of Use or your account, you may contact us by email at legal@carbuckets.com or by postal mail at CarBuckets, 400 NW 26th St Miami, FL. 33127, Attention: Legal Department.