CONSUMER TERMS OF USE

CarBuckets Consumer Terms of Use

CarBuckets.com LLC (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 users to take advantage of group buying opportunities in connection with the purchase of new motor 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. When you use the Service you will first be asked to identify the preferred brand or "make" of the vehicle that you would like to purchase, as well as the city and state where 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 where 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 we will notify you when the Service is available in your location. 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 year, model, and your first and second color choices for the vehicle that you would like to purchase. You will next be asked to provide your contact information and to create a password that will be associated with your CarBuckets account. By entering your wireless telephone number, you are confirming your consent and permission for Carbuckets to send you up to four messages per month. Message and data rates may apply. Reply STOP to end text messages. You will then 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 in Section 1(D) and 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 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 a third party to process online payments. Please do not use the CarBuckets service unless you have read and agree to the Privacy Policy and security practices set forth here https://stripe.com/us/privacy .
    2. Activation of CarBuckets . 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 the CarBucket. The number of users required to activate a particular CarBucket depends on a number of factors, so 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 car. However, you will be required to visit the applicable winning car dealership during the CarBuckets Test Drive Dates, as described in Section 1(C) below, or you will be required to pay a $150.00 no-show fee, as described in Section 1(D) below.
    3. CarBuckets 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 their 2 round auction, we will provide you with the date by which you will be provided with information about the car dealership that has provided the lowest overall bid and has therefore "won" the applicable CarBucket. On or after this date, we will provide you with information regarding the final price for the vehicle, the applicable vehicle stock number, the vehicle color and a stock picture of the final vehicle and contact information for the winning dealership. In addition, we will provide you with the applicable CarBuckets Test Drive Dates. The CarBuckets Test Drive Dates are the dates on which you must make an appointment to visit the applicable winning dealership for a test drive. You may select and change the day and time that works for you, however, the date and time must be within the specified CarBuckets Test Drive Dates. If you do not visit the winning dealership on the specified CarBuckets Test Drive Dates you will be charged a no-show fee in accordance with Section 1(D) below.
    4. No-Show Fees .
            1. The Service is provided at no cost to users who visit the winning car dealership during the applicable CarBuckets Test Drive Dates. With certain limited exceptions described in Section 1(D) (iii) below, you will be charged a $150.00 no-show fee if you do not visit the winning car dealership during the CarBuckets Test Drive Dates.
            2. In order to confirm that you have visited the applicable winning car dealership during the CarBuckets Test Drive Dates, you must obtain a test drive confirmation receipt printout or email from the applicable car dealership when you visit that car dealership.
            3. The $150.00 no-show fee is non-refundable. We will only waive or refund the $150.00 no-show fee if your ability to visit the applicable winning car dealership during the CarBuckets Sales Dates is rendered impossible as a result of: (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
    5. Inviting Friends . Because your CarBucket will be activated more quickly if there are more users in your location who want to purchase the same vehicle make as you, we encourage you to invite your friends to sign up to CarBuckets. You can invite your friends through the Service by using one of the social media links provided on the Service, including Facebook, Twitter, LinkedIn and Google+. In addition, you can invite your friends directly through the Service by using the "Invite a Friend" feature and providing your friend's email address.
    6. No Guarantee . We cannot and do not guarantee that your CarBucket will be activated or that participating CarBuckets car dealerships will offer discounts to users of the Service. Further, we cannot and do not guarantee that participating CarBuckets car 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 car dealership that is willing to provide a discount, your CarBucket will be terminated and we will notify you accordingly.
    7. 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.
    8. 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.
    9. Privacy Policy. In connection with your use of the Service, please review our Privacy Policy located at www.carbuckets.com/legal/consumers/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.
    10. 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:
          1. 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.
          2. 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.
          3. Interfering with, disrupting or creating an undue burden on the Service or the networks or services connected to the Service.
          4. Attempting to impersonate another user or person.
          5. Using the user I.D. or account of another user.
          6. Using any information obtained from the Service in order to harass, abuse or harm another person.
          7. Using the Service in a manner inconsistent with any and all applicable laws and regulations.
          8. Using or otherwise accessing the Service for any reason other than a good faith interest in purchasing the identified vehicle.
    11. 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.
    12. 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 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.
    13. Termination by CarBuckets. We may suspend or terminate your use of the Service 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.
    14. Cancellation by You. You may not cancel a registration with us after you have registered for the service.
    15. User Content. You shall be 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.
    16. 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.
    17. 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.
    18. 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.
    19. 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.
  2. Arbitration Agreement and Waiver of Class Remedies
    1. Arbitration . 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 precondition 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 arbitrability 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.

    1. 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.
    2. 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.
    3. 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 Section by sending written notice of your decision to opt-out to the following address: CarBuckets, 400 NW 26th St, 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.
  1. 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.
  2. 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.
  3. No Third Party Beneficiaries. These Terms of Use are between you and CarBuckets. There are no third party beneficiaries.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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 Street, Miami, FL 33127 Attention: Accounts Department.