CarBuckets.com

Consumer Terms of Use

 

These Consumer Terms of Use (the "Terms of Use" or "Agreement") are made and entered into by and between you ("Consumer", "User", "you" or "your") and CarBuckets.com LLC (referred to in these Terms of Use as "CarBuckets, "we", "us" or "our"). Other Users of the Site are also collectively referred to as "Users". CarBuckets 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 Users to take advantage of group buying opportunities in connection with the purchase of new motor vehicles (each a "Vehicle") (our services and the Site will be referred to together as the "Service" or "Services"). This Agreement applies when you access the Site, visit the Site or use the Service. If you do not agree to the terms contained herein you may not access, visit or use the Service.

 

BEFORE YOU PROCEED, PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING CARBUCKETS.COM, LOGGING INTO OUR SITE OR DOWNLOADING ANY CONTENT THEREON, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE OFFERED BY CARBUCKETS (IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR SITE.)

Table of Contents

CarBuckets Terms of Use. 1

About CarBuckets. 1

Registration with the Service; Joining a CarBucket 1

Activation of your CarBucket 2

CarBuckets Test Drive and Sales Dates. 3

No-Show Fees. 3

Waiver of Guarantees. 4

Vehicle Purchases. 4

Text Messages. 4

Eligibility. 4

Acceptance of these Terms of Use. 4

Privacy Policy. 5

Prohibited Activities. 5

Operation of the Service. 6

Intellectual Property Rights. 6

Cancellation of User Accounts by CarBuckets. 7

Cancellation of your User Account by You. 7

User Content. 7

Feedback. 8

Disclaimer of Warranties. 8

Limitation of Liability. 9

Indemnification. 9

Governing Law and Jurisdiction. 10

Arbitration. 10

Class Action Waiver. 10

Exception - Litigation of Small Claims Court Claims 11

Thirty Day Right to Opt Out 11

Miscellaneous. 11

Amendments 11

No Oral Modifications. 11

Third Parties and Third-Party Beneficiaries. 12

No Agency Created. 12

Non-Waiver. 12

Force Majeure. 12

Severability. 12

Assignment. 13

Entire Agreement. 13

Notices. 13

Contact Us. 13

 

 

About CarBuckets

 

Are you looking for a new car but want to save time in looking for competitive bids? Here at CarBuckets, we know your time is valuable, which is why we created a platform that saves you time " while still getting the best deal for the Vehicle you want. When you use CarBucket"s Service, you won"t have to field countless calls, texts or emails from Dealerships. Our Certified Dealerships (each a "Dealership") provide CarBuckets with price quotes, and CarBuckets shows you the lowest price quote received, saving you time and money. Users will never see multiple offers from Dealerships. The Dealership with the overall lowest price wins your "CarBucket". Our technology ensures that we help you obtain the lowest group sales price for your new Vehicle. Our technology leverages the power of volume sales, which means that Dealerships can give greater discounts than they normally would when selling to a single buyer.

 

Moreover, with CarBuckets, price transparency is our ultimate promise to you. When you receive your CarBuckets "Final Price", you can expect a detailed breakdown of pricing details. Our Certified CarBuckets Dealerships have agreed to abide by our Dealership Code of Conduct, which prohibits any form of price bumping. While our Service is free to our Users, Users agree that, by entering or registering for a CarBucket, they are expressly agreeing to take a CarBuckets Test Drive, as further defined below. Failure to take your CarBuckets Test Drive will result in a No-Show Fee being charged to the User. 

 

CarBuckets is not an automotive dealership. Any and all transactions related to the purchase or lease of a Vehicle are undertaken directly with a Dealership. CarBuckets assumes no responsibility for a User"s interaction with a Dealership, including but not limited to the purchase or lease of a Vehicle and Users agree to indemnify and hold CarBuckets harmless for any interaction or transaction undertaken with a Dealership once a Winning Bid is provided on the Site.

Registration with the Service; Joining a CarBucket.

 

Access to the Site requires you to register an account with us and provide certain information in connection therewith ("User Account") When you use the Service, you will first be asked whether you intend to purchase or lease your Vehicle.  Next, you will select the state and city in which you are located. Currently, the Service is only provided in select cities.  If the Service is not currently available in the city and/or state in which you are located, you can use the link in "Step 1" of the registration process to provide us with your name and email address and your brand or "make" of Vehicle and we will notify you when the Service is available in your market.  If the Service is available in the city and state where you are located, we will ask you to provide additional information to complete your registration, including the brand or "make," of the Vehicle, model, year, transmission style (where both automatic and manual options are available), as well as your preferred color and a backup color. If the Service is available in your area but we do not have any Dealerships who can provide quotes for your requested brand or "make", you can use the link in "Step 1" of the registration process to provide us with your request make and we will notify you when that make is available in your market.

Users will not have the option to choose the Trim for a Vehicle. Users also recognize that a specific color may not be available. Selection of Trims and final colors for each Vehicle, and pricing in connection with the Trim of any certain Vehicle lies solely with the Dealership.  Users may, of course, after a User"s takes his or her CarBuckets Test Drive, Users are free choose a different Vehicle, upgrade their Vehicle or choose additional add-ons. Users acknowledge that any changes, upgrades or add-ons selected at the Dealership will likely change the Final Price that a User received on the Site. CarBuckets disclaims any liability for a User"s selection of their final Vehicle at the Dealership.

 

The images provided on the Site are shown for illustration purposes only and do not reflect the final Trim or accessories packages that may be available to you from the Dealership.  Once you have completed these selections, you will then be able to determine whether you pre-qualify for any manufacturer rebates ("Cash Rebates"). Be aware, no Cash Rebates will be displayed if there are no Cash Rebates currently available for the Vehicle you selected. You must carefully read the eligibility requirements in each disclaimer in order to ensure that you are only selecting Cash Rebates for which you actually qualify. Please note that your ultimate eligibility for Cash Rebates will be determined by the applicable Dealership or manufacturer, as the case may be, at the time of purchase or lease. After providing information relevant to Cash Rebate eligibility, where applicable, you will next be asked to provide your contact information and to create a password that will be associated with your User Account.  You will also be asked to provide your payment card information.  We will only use your payment card information to charge you the No-Show fee, described below. There are no other charges associated with your use of the Service.  Notwithstanding the foregoing, our payment processing vendor(s) may send your issuing bank a nominal authorization to verify that the card is issued and that the bank will allow it to be authorized.  This authorization is not a charge and it will be removed from your statement regardless of whether a No-Show fee is incurred.  CarBuckets contracts with Stripe", a third-party service, to process online payments.  Please do not use the Service unless you have read and agree to the Stripe"s Privacy Policy and security practices. Our collection of your information is governed by the terms of our Privacy Policy, as further defined below, to which you expressly agree.

 

Activation of your CarBucket

 

Following your registration with the Service, we will match your location and requested Vehicle brand with other Users who have registered to use the Service.  If your location and Vehicle brand is the same as other Users, you will be placed in a "CarBucket" with those other Users.    When enough Users have been placed in a specific "CarBucket," the CarBucket will be "activated" and Dealerships who sell that brand of Vehicle in your area will compete for Winning Bid (as defined below).  The number of Users required to activate a particular CarBucket depends on a number of factors, which are determined by us. You can check the status of your CarBucket at any time by logging in to your User Account.  We will also send you an email and a text message notifying you when your CarBucket is activated.  Activation of your CarBucket does not mean that you are required to buy a Vehicle.  However, you will be required to visit the applicable winning car Dealership (each a "Dealership") during the CarBuckets Test Drive Dates, as described below, or you will be required to pay a $50.00 No-Show fee, as described in below. In the event that you take your CarBuckets Test Drive but a Dealership fails to notify CarBuckets of its completion and you are charged a No-Show Fee, you may provide evidence of your CarBuckets Test Drive by contacting us here and CarBuckets will promptly issue a refund.

 

CarBuckets Test Drive and Sales Dates. 

 

Following activation of your CarBucket, or, if your CarBucket is active at the time you register to use the Service, once Dealerships complete a two-round Bidding Process, in which Dealerships compete for your business, you will be immediately sent a text message along with a "Winning Bid Email" in which we will provide you with information about the Dealership that has provided the lowest overall bid ("Winning Bid") and has therefore "won" the applicable CarBucket.  The email will also contain a breakdown of the final price for each User"s car, the trim and color selection, a stock picture of the final Vehicle, and the winning Dealership"s contact information ("Winning Bid Notice"). Please keep in mind that images of the Vehicle are shown for illustration purposes only; the final Vehicle that you will be able to purchase from the Dealership may vary from the displayed images depending on your trim and accessory package selections.  Upon receipt of the Winning Bid Notice, you will have five (5) days to set an appointment at the winning Dealership to test drive the Vehicle ("CarBuckets Test Drive"). You may select and change the day and time that works for you, however, the date and time of your CarBuckets Test Drive must be within five (5) days of receipt of the Winning Bid Email.  You can schedule your CarBuckets Test Drive by logging into your User Account. If you do not visit the winning Dealership within the CarBuckets Test Drive Window you will be charged the No-Show fee in accordance with this Agreement. 

 

You hereby expressly agree that in order to take a CarBuckets Test Drive, that you are of legal age to drive in the State where the CarBuckets Test Drive is located and that you hold a legal and valid Drivers" License. You further acknowledge and agree that you have in effect collision and liability insurance that meets or exceeds the minimum state requirements and applies to the Vehicle during the time that it is in your possession or under your control.

 

You agree that during the CarBuckets Test Drive, you will not use the Vehicle negligently or contrary to applicable law. You agree that you will abide by all rules and regulations set forth by the Dealership at the time of your CarBuckets Test Drive. You must immediately report any damage, accident, theft or vandalism involving the Vehicle to the police, the Dealership and your insurance company and deliver to the Dealership (with a copy to CarBuckets, at the address set forth below) all notices, pleadings and documents regarding any claim, suit or proceeding related to your use, possession or control of the Vehicle. You must also report to the Dealership and pay any parking or other traffic violation fines and penalties arising out of your use, possession or control of the Vehicle. You will be required to pay for any loss or damage to the Vehicle that occurs while the Vehicle is in your possession or control, plus the Dealership"s related expenses. In addition, you agree to defend, indemnify and hold harmless the Dealership and CarBuckets from and against any and all losses, liabilities, damages, injuries, claims, demands, costs and expenses arising out of your use, possession or control of the Vehicle and any breach of your responsibilities as set forth these Terms of Use. If you are in breach of this Agreement or fail to return the Vehicle to the Dealership, you will be required to pay all expenses incurred by the Dealership to have the Vehicle returned and the Dealership, or any of its agents or employees, may retake possession of the Vehicle. Dealership and CarBuckets shall not be liable for loss of or damage to any property that you leave at the Dealership or in the Vehicle before, during or after your CarBuckets Test Drive.

 

No-Show Fees. 

 

The Service is provided at no cost to Users who visit the winning car Dealership within five [5] days of receipt of the Winning Bid Email.  With certain limited exceptions described below, you will be charged a $50.00 No-Show fee if you do not visit the winning car Dealership during the five (5) day period following your receipt of a Winning Bid Email.  In order to confirm that you have visited the applicable winning Dealership during the CarBuckets Test Drive Window, you must obtain a test drive confirmation receipt printout or email from the Dealership during your visit.  The $50.00 No-Show fee is non-refundable. We will only waive or refund the $50.00 No-Show fee if your ability to visit the applicable winning car Dealership during the CarBuckets Test Drive Window is rendered impossible as a result of Force Majeure. For purposes of this Agreement, Force Majeure shall mean (a) you or a member of your immediate family experiencing a medical emergency that is verified in writing by a licensed medical doctor in good standing in the United States, and/or (b) strikes or other labor problems, fire, flood, hurricane, weather events that interrupt public transportation services, civil unrest, acts of terror, governmental acts or orders or restrictions, or any other reason where failure to perform is beyond your reasonable control. If you would like to request a waiver or refund of the No-Show fee for the foregoing reasons, please contact us at accounting@carbuckets.com.

 

Waiver of Guarantees.

 

We cannot and do not guarantee that your CarBucket will be activated or that participating Dealerships will offer discounts to Users of the Service.  Further, we cannot and do not guarantee that participating Dealerships will offer discounts that are more competitive than the discounts you would otherwise find in the marketplace.  If, after your CarBucket is activated, we are unable to identify a participating CarBuckets Dealership that is willing to provide a price quote or if no Winning Bid is obtained, your CarBucket will be terminated and we will notify you accordingly.  In such an event, Users will not incur any fees and CarBuckets will have no liability for any such failure to provide a Winning Bid.

 

Vehicle Purchases.

 

CarBuckets uses its best efforts to ensure that Dealerships will abide by the Dealership Terms and Conditions and Dealership Code of Conduct. The foregoing notwithstanding, you acknowledge and agree that your agreement to purchase any Vehicle is made directly with the Dealership. CarBuckets does not assume any role or responsibility in connection with such purchase. CarBuckets acts as an intermediary. Your rights and remedies against CarBuckets are limited to those set forth herein and you expressly agree to indemnify and hold CarBuckets harmless in connection with your purchase or lease of a Vehicle through our Service.

 

Text Messages.

 

By entering your wireless telephone number, you are confirming your consent and permission for CarBuckets to send you text messages.  Message and data rates may apply. You may reply "STOP" to end text messages.

 

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. The Service is only available to Users in the United States of America. You are not authorized to access our Site, use the Services or register for a User Account if you are outside of the United States of America.

 

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 the terms of these Terms of Use.

 

Privacy Policy and Cookie Policy. 

 

In connection with your use of the Service, you expressly agree to our Privacy Policy ("Privacy Policy") and our Cookie Policy. Please read the Privacy Policy and Cookie Policy carefully 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 and Cookie Policy are 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 Cookie Policy, and you agree that we may use information collected from you in accordance with the Privacy Policy and Cookie Policy.

 

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, trademark 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 prior explicit 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 or using the User I.D. or account of another User.

"               Misrepresenting eligibility for Cash Rebates;

"               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.

"               Using or otherwise accessing the Service for any reason other than a good faith interest in purchasing the identified Vehicle. 

"               Undertaking any activity which infringes on our or any third-party"s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy.

"               Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene.

"               Transmitting any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;

"               Restricting or inhibiting any other visitor from using the Site, including without limitation, by means of "hacking" or defacing any portion of the Site.

"               Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Site.

"               Removing any copyright trademark or other proprietary rights notices contained in the Site.

"               Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Site.

"               Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Site or in anyway reproduce or circumvent the navigational structure or presentation of the Site or its contents, authentications and security measures; or

"               Harvesting or collect information about any Users or Consumers without their express consent.

"               Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services;

"               Modifying, translating, or creating derivative works based on the Services; or

"               Removing any proprietary notices or labels on the Site.

 

Operation of the Service. 

 

You acknowledge that we reserve the right, but have no obligation, to (i) 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, (ii) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Service, and (iii) 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.

 

Intellectual Property Rights.

 

The Service and its contents and the trademarks, service marks and logos contained on the Service, including but not limited to CARBUCKETS, CARBUCKETS.COM, GROUP BUYING FOR CARS and CAR DEALS BY THE BUCKET, are the intellectual property of CarBuckets or its licensors and constitute trademarks, patents, copyrights and other intellectual property rights of CarBuckets or its licensors under U.S. and foreign laws and international conventions. Our proprietary Service is patent pending with the U.S. Patent and Trademark Office. The Service, its contents and any data generated or produced using the Service may only be used for your informational, personal, non-commercial 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 other Users of the Service.  You further understand and agree that CarBuckets is not the seller or advertiser of any Vehicle and that any information and negotiations regarding any Vehicle are strictly between you and the participating Dealership. 

 

Cancellation of User Accounts by CarBuckets. 

 

We may permanently or temporarily suspend or terminate your use of the Service or your User Account if you violate these Terms of Use or in our discretion.  We may also impose limits on or restrict your access to parts or all of the Service without notice or liability.  This Agreement will survive the termination of your User Account.

 

Cancellation of your User Account by You.

 

You may close your User Account at any time by going to your account settings and disabling your User Account or by notifying us, with Seventy Two (72) hours advanced notice, at accounts@carbuckets.com, subject to your completion of any CarBuckets Test Drive, which you may be required to complete from time to time. This Agreement will survive the termination of your User Account.

User Content. 

 

You are solely responsible for any data, information, text, messages, or other materials you upload or submit to the Service ("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.  For any User Content you submit, you grant to CarBuckets a non-exclusive, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, and distribute such User Content all without compensation to you, solely as necessary to provide the Service to 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 Policies.

 

Feedback.

 

If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site ("Feedback"), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant us a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback into our Service for any purpose.

 

Disclaimer of Warranties.

 

THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR THIRD PARTY SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE AND/OR ANY MOBILE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARBUCKETS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

 

WITHOUT LIMITING THE FOREGOING, CARBUCKETS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS TO (I) THE CONTENT POSTED BY ANY THIRD-PARTY ON THE CARBUCKETS SITE, (II) THE VEHICLES AND VEHICLE DESCRIPTIONS OR ANY OTHER GOOD OFFERED FOR SALE USING THE SERVICE, (III) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE CARBUCKETS SITE, AND (IV) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY, INCLUDING ANY DEALERSHIP, YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE CARBUCKETS SITE OR (I) THAT THE CARBUCKETS SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CARBUCKETS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CARBUCKETS SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CARBUCKETS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE CARBUCKETS SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE CARBUCKETS SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA,

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

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 THE AMOUNT OF FEES YOU HAVE PAID TO CARBUCKETS, IF ANY. 

 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 

Indemnification. 

 

You agree to fully indemnify, defend, and hold CarBuckets and its directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of, the Services or services or goods (including Vehicles) obtained through your use of the Services; (ii) your breach or violation of the terms in this Agreement, any representation, warranty, or covenant referenced in this Agreement, or any applicable law or regulation; (iii) any allegation that any materials you submit to us or transmit to the CarBuckets Site infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third-party; (iv) your activities in connection with the CarBuckets Site or other websites to which the CarBuckets Site is linked; (v) any transaction with a Dealership in connection with the Service; (vi) any and all acts, circumstances or omissions which take place at the Dealership, in connection with your visit to a Dealership and/or in connection with your CarBuckets Test Drive; and/or (vi) any negligent act or omission or any willful misconduct by you.

 

Governing Law and Jurisdiction.

 

You agree that your use of the Service shall be governed by and construed in accordance with the laws of Florida, without regard to conflict of law rules. The courts of Miami-Dade County Florida shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement that is not subject to Arbitration.

 

Arbitration Agreement and Waiver of Class Remedies

 

Arbitration. 

 

For purposes of this Agreement, you and Carbuckets are each referred to as a "Party" and collectively, as the "Parties". The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a requirement prior to either Party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Use (including its formation, performance and breach) and the Service shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions.  The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to determine the arbitrarily of any claim and to grant whatever relief would be available in a court under law or in equity.  The arbitrator"s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.  The exclusive seat or place of jurisdiction shall be Miami-Dade County, Florida.

 

The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.  They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

 

Class Action Waiver. 

 

The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.

 

Exception - Litigation of Small Claims Court Claims.  

 

Notwithstanding the Parties" decision to resolve all disputes through arbitration, either Party may also seek relief in a small claims court for disputes or claims within the scope of that court"s jurisdiction. 

 

Thirty Day Right to Opt Out. 

 

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Agreement by sending written notice of your decision to opt-out to the following address: CarBuckets, 2200 NW 2nd Avenue, Unit 104, Miami, FL 33127.  Attention: Accounts Department. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above.  If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service. 

 

Miscellaneous

 

Amendments. 

 

These Terms of Use may be amended by CarBuckets from time to time.   You agree that you will review these Terms of Use prior to registering for any CarBucket and that your registration, participation and continued use of the Service will constitute acceptance of these Terms of Service, as they may be amended from time to time. The new version of this Agreement will take effect on (i) the date falling thirty (30) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of this Agreement which is capable of adversely affecting you, or (ii) immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting you, examples of which would include, without limitation: (a) changing the name of the web address for the Site or (b) the refinement of provisions that are already included or referred to in this Agreement. In either case, if You do not wish to be governed by the new version of this Agreement, you must disable your User Account as set forth herein and immediately cease to use the CarBuckets Site. We shall not have any liability to You in such an event.

 

No Oral Modifications.  

 

Employees of CarBuckets are not authorized to modify this Agreement, 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. 

 

Third Parties and Third-Party Beneficiaries. 

 

These Terms of Use are between you and CarBuckets.  There are no third-party beneficiaries.  The foregoing notwithstanding, please note that the Site enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control, including but not limited to Dealerships. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties, such as the Vehicles sold or leased by each Dealership). Participation or availability on the Site does not amount to endorsement or verification by CarBuckets. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Site by anyone, including Dealerships and Consumers.

 

No Agency Created. 

 

Nothing contained in this Agreement creates any agency, partnership, joint venture, or employment between a Consumer and CarBuckets.  Consumers shall not have authority of any kind to bind CarBuckets.

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 or any other cause of Force Majeure, as defined herein.

 

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. 

 

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. 

 

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.

 

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.

 

Contact Us. 

 

If you have any questions about these Terms of Use or your User Account, you may contact us by email at legal@carbuckets.com, or by U.S. Mail at CarBuckets, 2200 NW 2nd Ave, Unit 104, Miami, FL 33127 Attention: Legal Department.

 

Last Updated: June 27, 2018