These Dealership Terms of Use (the “Terms of Use” or “Agreement”) are made and entered into by and between you (“Dealership”, “you” or “your”) and Car Buckets Corp. (referred to in these Terms of Use as “CarBuckets, “we”, “us” or “our”). CarBuckets is the operator of the website www.carbuckets.com (the “Website”) and the provider of an online platform made available through the Website that allows Users to take advantage of group buying opportunities in connection with the purchase or lease of motor vehicles (each a “Vehicle”) (our services and the Website will be referred to together as the “Service” or “Services”). This Agreement applies when you access the Website, visit the Website or use the Service. If you do not agree to the terms contained herein you may not access, visit or use the Service. All initial capitalized terms not defined herein shall have the meaning ascribed to them in the User Terms of Use


BEFORE YOU PROCEED, PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING CARBUCKETS.COM, LOGGING INTO OUR WEBSITE, USING OUR SERVICES 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 SERVICE.


How CarBuckets Works with Dealerships. 


CarBuckets is a service which allows licensed automotive dealerships to offer group buying discounts to CarBuckets’ Users in connection with the purchase or lease of a Vehicle. Please review the CarBuckets User Terms of Use for more information. 


Registration with the Service. 


If you would like to register to participate in the Service as an authorized automotive dealership (“Dealership”), you will first be asked your Dealership name and must provide certain information, including your contact details and applicable licensure. You may contact CarBuckets at (844) 467-0808 or e-mail CarBuckets at [email protected] to begin the intake process. Once we process your registration information, a CarBuckets representative will contact you to discuss your enrollment in the Service. Upon your express acceptance of this Agreement and your Dealership Quote (as defined below), you will be granted access to your own portal on the Website (“Dealership Account” or “Dealer Portal”, as context may require).


Acceptance of Dealership Quote. 


In addition to your agreement to be bound by these Terms of Use, in order to participate in and register for the Service, you will need to accept a formal quote sent to you from Carbuckets, which will set forth additional terms and conditions that will be applicable to your participation in the Service, including, but not limited to, applicable service fees and costs related to initial setup and monthly access. (“Dealership Quote”). The Dealership Quote will be provided to you by a CarBuckets sales representative following your initiation of our Dealership registration process 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 acceptance of the applicable Dealership Quote. Dealerships also expressly agree to be bound by our Dealership Code of Conduct, which is expressly incorporated herein. If any of the terms and conditions of the applicable Dealership Quote are inconsistent with the terms of these Terms of Use, these Terms of Use will control. You have no obligation to agree to a Dealership Quote; however, if you elect not to agree to a Dealership Quote, you will not be able to participate in the Service nor will you be granted access to complete a registration for a Dealership Account. 


You hereby acknowledge and agree that the Dealership Quote may be sent to you electronically through CarBuckets’ third-party provider, HubSpot, Inc., and that you may only be able to accept the Dealership Quote through such electronic means. In connection therewith, you hereby acknowledge and agree that any interactions you have through the HubSpot service may be governed by HubSpot’s terms of use, privacy policies, and/or other rules or agreements, which may differ from the terms of this Agreement. By engaging in any such interactions, you consent to all such terms, conditions, and policies of HubSpot, which are available by clicking here.


You expressly acknowledge and agree that in the event of a conflict between the terms set forth in the Dealership Quote and these Terms of Use, these Terms of Use shall prevail. In the event that any instructions or terms posted on the Service by CarBuckets from time to time conflicts with these Terms of Use, such instructions or terms posted on the Service shall prevail. 


Shipping and Delivery 


Dealership further acknowledges and agrees that, in the event that the final destination of the Vehicle is outside of the Dealership’s Market Area, Dealership is responsible for the payment of all shipping and delivery costs for the Vehicle (“Delivery Costs”). “Market Area” means the geographic scope of Users assigned to a particular Bucket and the geographic scope of all dealerships invited to bid on a particular Bucket, as determined solely and exclusively within the discretion of CarBuckets. Dealership acknowledges and agrees that Dealership is required to use the Company’s exclusive shipping agent for the shipment and delivery of all Vehicles sold to Users of the Website, which, as of the date of this Agreement, is uShip® (“Shipping Agent”). Upon acceptance of the Dealership Quote, and in any event, prior to Dealership’s use of the Website and the Services, Dealership must provide proof that it has a registered account with the Shipping Agent and has agreed to abide by all contractual terms required thereby. Any shipment of a Vehicle by means of any other party other than the exclusive Shipping Agent shall be deemed a material breach hereof. Dealership must begin the registration process with the Shipping Agent using a referral link provided by CarBuckets. However, Dealership further acknowledges and agrees that the sole responsibility for registering with the Shipping Agent lies with the Dealership, including the negotiation of all terms, conditions and agreements related thereto. Dealership expressly acknowledges and agrees that CarBuckets may change the Shipping Agent at any time upon thirty (30) days written notice to Dealership. If Dealership already has a registered account with the Shipping Agent, please notify CarBuckets by writing to [email protected]


Payment Processing 


During the registration process, you will also be asked to provide your payment information, including a valid credit card. Dealership represents and warrants that such information is true, correct and that it is authorized to use that payment instrument. Dealership will promptly update such payment information, from time to time. You agree that CarBuckets is authorized to charge Dealership all fees incurred hereunder, and we will only use your payment information to charge you the applicable fees set forth in the Dealership Quote and in accordance with this Agreement. 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 or not any fees are incurred. Our collection of your information is governed by the terms of our Privacy Policy, as further defined below, to which you expressly agree. Additionally, you may pay the applicable fees set forth in the Dealership Quote via check made out to Car Buckets Corp., which must be received by CarBuckets within thirty (30) days of invoice.  For electronic payments, CarBuckets uses Stripe®.  If you choose to process payments to CarBuckets electronically, you agree to be bound by Stripe’s terms and conditions and privacy policy located at www.stripe.com


Digital Inventory Integration; Manual Discount Entry


In order to participate in the Service, Dealerships must connect their digital inventory management system (“Inventory System”) to the Service through their Dealership Account. CarBuckets currently supports the vAuto® and HomeNet Automotive® Inventory Systems. If your Dealership uses an Inventory System other than vAuto® or HomeNet® Automotive, then you may not use the Service until CarBuckets is able to integrate and connect with your Inventory System. 


Once your Inventory System has been connected to the Service, the Service will automatically populate your Dealer Portal with your currently available inventory. In your portal, you will be able to view all makes and models of Vehicles in your inventory. The Manufacturer Suggested Retail Price (“MSRP”) as well as the invoice price will then be automatically populated for each Vehicle based on information obtained from Chrome Data®. 


Once your inventory and price information have been populated in your Dealer Portal, you must then enter the discount you wish to offer for each Vehicle, which will be automatically applied to Vehicles in a Bucket that match your inventory. These discounts are inputted through a blank entry form in your Dealer Portal and can be expressed as: (1) a percent off the invoice price; (2) a percent off the MSRP; (3) a specific dollar amount off the invoice price; or (4) a specific dollar amount off the MSRP. You understand and agree that any discount you input through the Service is the lowest price at which you are willing to sell a Vehicle to a User. Unless you change these default discounts, or adjust your discounts during live bid, as set forth below, the price offered to a User for the Vehicle will automatically include any discount entered if you are selected as the Winning Dealership, as defined in the User Terms of Use, and you are bound to any such discount then displayed to a User in the CarBuckets Price, as defined in the User Terms of Use.


Inventory Data License. 


In connection with your authorized use of the Service, you hereby grant to CarBuckets a perpetual, worldwide, irrevocable, royalty-free, transferable, sub-licensable, non-exclusive license to access, edit, store, distribute, use, copy, display, transmit, broadcast, make available, adapt, prepare derivative works of, and otherwise use Dealership’s Inventory Data, and for unlimited and unrestricted access, printing and use by Users through the Service. For purposes of this Agreement, the term “Inventory Data” means information and images relating to new and used Vehicles made available to CarBuckets by Dealership directly or through an intermediary, including, but not limited to, vehicle identification number (“VIN”), make, model, year, location, vehicle description (trim, specifications, mileage, etc.), price, comments, and photographs and other imagery. CarBuckets reserves the right to edit or reject any Inventory Data or portion thereof from display on the Service in its sole discretion and without prior notice to Dealership. Dealership acknowledges that CarBuckets is a website provider and is not responsible for the Dealership’s Inventory Data. Dealership shall be solely responsible, at its own risk and expense, for (and CarBuckets shall have no liability in connection with) ensuring the accuracy, legality and integrity of the Inventory Data provided to CarBuckets. You will immediately inform CarBuckets if you become aware of illegal contents in your Inventory Data in accordance with applicable law, or of contents that are otherwise inappropriate or unauthorized. CarBuckets may exclude or remove any portion of Dealership’s Inventory Data from the Website for no reason or for any reason, in its sole and absolute discretion. 


Bucket Matching and Bidding Process; Winning Bid; Interviews; Final Price. 


Please see the User Terms of Use for more information regarding a User’s registration for the Service, selection of a Vehicle and activation of a Bucket, for more information. Each Bucket will include one (1) or more User(s) who are looking for the same make and model of a Vehicle. If your Dealership has the make and model (and trim, if applicable) of a Vehicle selected by a User, which becomes part of an active Bucket, the Service will automatically bid on all Vehicles in that Bucket that match your inventory, with the discounts you manually entered through your Dealer Portal. If a user selects a specific trim during the registration process, the Service will automatically select the closest matching trim in your inventory. If the User selects “any trim”, the Service will automatically choose the Vehicle with the lowest price, including all Dealership inputted discounts. 


Each day, all activated Buckets will close to new Users at 7:59 AM EST (“Bucket Entry Deadline”). Once the Bucket Entry Deadline has passed, Dealerships will be notified if they have been matched with a live Bucket. Matching with a Bucket does not mean that you will be selected as the dealership with the winning bid (“Winning Dealership”). If matched with a Bucket, a Dealership shall have from 8:00 AM EST to 2:59 PM EST (“Bidding Period”) in which it may adjust all discounts for the Vehicles in a Bucket (identified by their VIN) or remove that Vehicle if no longer in its inventory. The Bidding Period will close at 2:59 PM EST. In the event that you do not adjust any Vehicle discounts during the Bidding Period, the discounts which you manually entered in your Dealer Portal will be automatically used to bid on the Bucket. At 3:00 PM EST, all Vehicle pricing offered by participating Dealerships will be compared, and the Winning Dealership will automatically be selected, based on the Dealership offering the Lowest Volume Price for all Vehicles in the Bucket, as further defined in our User Terms of Use.


Simultaneously or shortly thereafter, a Winning Bid Notice, as defined in the User Terms of Use, will automatically be sent to all Users in the Bucket by email, which will direct them to their User Account to view information about the Winning Dealership and the CarBuckets Price for the Vehicle, which includes Cash Rebates, as defined in the User Terms of Use, that Users believe they may qualify for during the registration process. Users will then have the option to use a payment calculator to estimate a monthly payment. Dealerships agree to manually enter all applicable financing rates into the Dealer Portal on at least a monthly basis in order to provide accurate estimates to Users. 


If the User wishes to proceed with the purchase or lease of the Vehicle set forth in its Winning Bid Notice, the Winning Dealership will be given that User’s contact information. It is the responsibility of the Winning Dealership to conduct an initial interview (“User Interview”) with each such User within twenty-four (24) hours from the issuance of a Winning Bid Notice. This information can be accessed by the Winning Dealership in its Dealer Portal. The Winning Dealership will then conduct the User Interview to obtain additional information, including, but not limited to, whether or not the User desires to finance or lease the Vehicle, the down payment amount, any extended warranties that the User desires to purchase and the location where the Vehicle is to be delivered. The Winning Dealership must also verify whether or not the User qualifies for any Cash Rebates. If, during the User Interview, the User desires to place a hold on the Vehicle, Dealership and User must negotiate a deposit, which may be used to hold the Vehicle for up to five (5) days. If after payment of the agreed-upon deposit, the User does not purchase or lease the Vehicle within five (5) days, the Vehicle may be returned to active inventory.


If a User desires to finance or lease a Vehicle, the Winning Dealership must then send a credit check authorization to the User. Once the credit check has been completed, the Winning Dealership must enter all purchase or lease terms into the Dealer Portal as it relates to that Vehicle including, extended warranty costs, additional accessories (chosen by the User during the initial interview) taxes, tag and title fees. In light of the fact that all expenses related to the shipping and delivery of each Vehicle, regardless of the location of the User, are the sole responsibility of the Dealership, you acknowledge and agree your discounts, whether entered automatically or manually, must account for said shipping costs. Once such information is entered and the Winning Dealership elects to “Submit to Buyer”, the Service will generate a Final Price Notice, as defined in the User Terms of Use, providing the Final Price, as defined in the User Terms of Use, that a User will pay for the selected Vehicle. Dealers may reject and cancel any proposed sale or lease of a Vehicle, for any reason, at any time before submitting its Final Price Notice. Notice of any rejection or cancellation and a detailed explanation therefor should be sent immediately to [email protected]


The Final Price Notice generated by the Service and based on the Winning Dealership’s input is a legally binding and valid offer made by the Winning Dealership to the User, which the Winning Dealership acknowledges and agrees shall remain open for acceptance to the User for a period of seventy two (72) hours (“Offer Period”). Dealerships are not required to hold a specific Vehicle, but, in the event the Vehicle specified in a Final Price Notice is sold, Dealership must provide the User an equal or greater make and model (with matching trim and color) for an equal or better price than that which was specified in the Final Price Notice (“Replacement Vehicle”). In the event Dealership does not have such vehicle in its possession, Dealership shall use all commercially reasonable efforts to obtain such Replacement Vehicle by means of a dealer-trade. If Dealership cannot obtain the Replacement Vehicle by means of dealer-trade within twenty-four (24) hours from issuance of the Final Price Notice, Dealerships must notify CarBuckets by emailing [email protected].  


Upon issuance of the Final Price Notice, in no way is CarBuckets itself making offers to a User, either directly or indirectly. You acknowledge and agree that the offer to sell or lease a Vehicle is binding solely upon the Dealership. Upon receipt thereof, the User will then have the option to click “Buy [or Lease] This Car” in the Final Price Notice, and from there must proceed with the Winning Dealership to finalize a binding legal contract for the sale or lease of the Vehicle within the Offer Period, set forth above. 


The foregoing notwithstanding, CarBuckets will only share the identity of the Winning Dealership and the pricing offered by your Dealership to Users of the Service who are part of a Bucket for which you are the Winning Dealership and will not share the identity of your Dealership nor the prices you submitted with other Dealerships who use the Website or the Services. Users will only be able to see the CarBuckets Price and Final Price for the Vehicle that they selected and not the total bid amount (Lowest Volume Price) for the Bucket. 


You acknowledge and agree that CarBuckets may disclose actual purchase prices in connection with its marketing materials (as reported by our Users) without disclosing the name or any other identifying information about the Winning Dealership, without a Dealership’s written permission. You further acknowledge and agree that any permitted disclosure of information provided herein shall not be in contravention of any confidentiality provisions contained in these Terms of Use. 


Dealer Installed Accessories; No Bumping Allowed


Dealerships must disclose any additional accessories installed on a Vehicle which were not installed by the manufacturer. Bumping is expressly prohibited on the CarBuckets Website or Service. “Bumping” is defined as the undisclosed installation of accessories that increases the price of that vehicle from the “Base MSRP”. This is usually presented as an add on to the MSRP and are rarely quoted in internet prices. If a Dealership engages in any Bumping, it will be considered a breach of this Agreement and our Dealership Code of Conduct. Dealerships are required to add up any and all accessories that the Dealership or applicable factory installed on that Vehicle prior to selling or leasing it. If a Dealership offers to sell or lease a Vehicle on the Website which contains additional accessories, such accessories must be disclosed and reflected in the CarBuckets Price and Final Price. Dealerships must inform the User that these additional accessories are in addition to the CarBuckets Price and/or Final Price they received on the Website. If neither the Dealership nor applicable manufacturer have installed any accessories on the Vehicle, the Accessories Field may be left empty or a Dealership may enter $0.00. Otherwise, the dollar amount of any additional accessories must be disclosed. 


No Alterations of Final Prices


If a Dealership is the Winning Dealership: (i) the Dealership shall be bound by the Final Price provided by Dealership in connection with any Vehicle that are part of the applicable Bucket and included in the Winning Bid, and (ii) CarBuckets shall have the right to notify Users that the Winning Dealership is offering the applicable Vehicle(s) to such Users. Upon issuance of the Final Price Notice, Dealership shall be deemed to have made a legally binding offer to each such User, which shall be subject to acceptance by each applicable User in accordance with the terms of the offer. Unless otherwise agreed to in writing by Dealership and a User, Dealership shall not alter or modify the terms of the offer (including the Final Price) in any way. The foregoing notwithstanding, if a User desires to purchase additional accessories, upgrades, or a different, make, model or trim (which differ from the User’s selections through the Service), the terms of the offer may be modified by the Dealership to reflect such changes, insofar as the Dealership notifies the User and obtains the User’s written consent. Please refer to our Dealership Code of Conduct.


Inventory Marketplace


CarBuckets may also, from time to time, include a vehicle listing and information service on a portion of the Website through which Users and Dealerships can conduct vehicle sales transactions based off of a Dealership’s current inventory (“CarBuckets Marketplace”). The information on Vehicles provided in the CarBuckets Marketplace is supplied by the applicable Dealership; CarBuckets is not responsible for the accuracy of such information. CarBuckets provides these Services and the Website and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. CarBuckets is not a party to any transaction between Users and Dealerships that occur through the Website or that originates from information found on the Website. Vehicle prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing, if applicable. If a User desires to purchase a Vehicle through the CarBuckets Marketplace, they will be directed to contact the selling Dealership.  Upon receipt of an offer to purchase any Vehicle being sold by you in the CarBuckets Marketplace, Dealerships agree to set up a User Interview, after which, a Final Price Notice may be issued by the selling Dealership to the User. Prices quoted in the Final Price Notice shall be binding for seventy two (72) hours from issuance thereof. If, during the User Interview, the User desires to place a hold on the Vehicle, Dealership and User must negotiate a refundable deposit, which may be used to hold the Vehicle for up to five (5) days. If after payment of the agreed-upon deposit, the User does not purchase or lease the Vehicle within five (5) days, the Vehicle may be returned to active inventory.


In addition, as a seller or lessor of any Vehicle on the CarBuckets Marketplace, you represent and warrant: (i) that all information submitted to CarBuckets about a particular Vehicle and your contact information are accurate and true. In addition, you agree to approve listing descriptions as complete and accurate before publication, (ii) that all relevant Vehicle information is included in the listing submission, (iii) that you are prepared to sell the listed Vehicle at the price at which it is listed, and (iv) that you have possession of the actual Vehicle listed and the proper authority to transfer title.


Compliance with Applicable Laws


Dealerships represent, warrant and covenant that Dealership is, and will at all times be, in full compliance with all applicable governmental, legal, regulatory, and professional requirements, including anti-corruption and anti-bribery laws, all laws, regulations, rules and ordinances issued by any federal, state or local regulatory body, related to the purchase and leasing of automotive vehicles, and laws relating to privacy, information security or similar matters (collectively the “Applicable Laws”). Dealership will promptly notify CarBuckets if Dealership receives any notice, demand, summons or complaint from any governmental or regulatory authority, agency or other body relating to the subject matter of this Agreement, and will take all steps, at Dealership’s expense, to resolve any issues related to the compliance hereof as promptly as practicable. If you are not in compliance with Applicable Laws, you are not authorized to use our Service. Loss of a Dealership’s licensure shall be grounds for automatic termination of your Dealership Account. 


CarBuckets makes no representations or warranties regarding any legal or regulatory compliance applicable to Dealership and Dealership is solely responsible for determining and ensuring whether its participation in CarBuckets and its performance in connection with and related to this Agreement complies with all legal and regulatory requirements applicable to Dealership, whether state, local, federal or otherwise, as well as the terms and conditions of any and all applicable agreements between a Dealership and an applicable Vehicle manufacturer. 


Winning Bids


If Dealership is the Winning Dealership for a Bucket, Company will promptly notify Dealership via email that Dealership has won the bidding process for that Bucket. The Final Price offered to a User shall be a valid offer which is open for forty-eight (48) hours from each User being provided a Final Price Notice, and after such time, the offer shall expire. The Dealership shall contact the User within twenty-four (24) hours after issuance of the Final Price Notice. In the event Dealership fails to make the Vehicle available in the Final Price Notice, then Dealership shall immediately offer User an equal or better-equipped Vehicle at the same or lower price. If Dealership does not have an equal or better-equipped Vehicle in its inventory, and Dealership fails to acquire such a Vehicle through dealer-trade or otherwise, Dealership shall be considered in breach of this Agreement and the Dealership Code of Conduct.


Tie Breakers


In the event of a tie whereby two or more Dealerships offer the same Lowest Volume Price for a Bucket, Company shall promptly contact Winning Dealerships via telephone and each Dealership may offer a further reduction to the Lowest Volume Price, by adjusting the discount of each Vehicle in the Bucket. In the event that tied dealerships submit identical bids in the tie-breaker round, the Winning Dealership will be determined by CarBuckets, based on its rating system on the Website and its past performance with CarBuckets Users or otherwise, in its sole and absolute discretion. In the event that the rating for each Dealership is also identical, the final determination of the Winning Dealership will be made in the CarBuckets’ sole and absolute discretion.


Final Responsibility for Transaction with User


Dealership is and shall be solely responsible for all aspects of the sale and delivery of the Vehicles and any related materials or documentation, including, without limitation, any warranty, extended warranty or other claims that may be made by Users with respect to any Vehicle. Dealership acknowledges and agrees that Dealership, and not Company, is the seller of the Vehicles and Dealership shall be responsible for handling all aspects of the sale of Vehicles to Users in connection with offers, including the shipping thereof, if applicable. Company’s sole obligation to Dealership under this Agreement with respect to the promotion and distribution of offers shall be to notify Users of the offers that are available to them from the Winning Dealership. 


Further, Dealership acknowledges and agrees that it shall be solely responsible for the payment of all sales, use, value-added or other taxes that may be imposed upon the sale, license, or use of any Vehicles.


No Guarantee of Purchase. 


We cannot and do not guarantee that any Bucket will be “activated”. Further, if you are selected as the Winning Dealership, we cannot and do not guarantee that any Users who are part of the applicable Bucket will ultimately purchase or lease a Vehicle from your Dealership. You will not be eligible to receive any fees or other compensation for a User’s failure to purchase a Vehicle and you will not have any recourse against a User or CarBuckets for any such failure. 


Books and Records. 


Dealership shall maintain complete and accurate records with regard to all Vehicle sales generated through the Service and all fees paid to CarBuckets pursuant to this Agreement in accordance with generally accepted industry practices. Dealership shall retain such records during the Term and for a period of three (3) years after the Term, or such period as may be required by law.


Acceptance of these Terms of Use. 


By registering to use the Service through acceptance of a Dealership Quote, and accessing, using and viewing the Service afterwards, you are agreeing to be bound by the terms and conditions 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 Cookie Policy (“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 Incentives;

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 Website, including without limitation, by means of “hacking” or defacing any portion of the Website.

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

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

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

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

Harvesting or collect information about any Users 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 Website. 


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. 


Data Collection And Access. 


You acknowledge and agree that all data, including but not limited to, personally identifiable information, provided by Users and/or Dealerships through the use of the Service, and any and all reports, results, and/or information created, compiled, analyzed and/or derived by CarBuckets from such data (“CarBuckets Data”) is our sole and exclusive property and shall be considered Confidential Information of CarBuckets pursuant to this Agreement. CarBuckets, in its sole discretion, shall have the right to use the CarBuckets Data without further obligation to you. To the extent CarBuckets elects to provide a Dealership with any CarBuckets Data, such Dealership shall safeguard and protect such CarBuckets Data and shall only use the CarBuckets Data as permitted under this Agreement and by CarBuckets and shall not make any use of, copy, make derivative works from, sell, transfer, lease, assign, redistribute, disclose, disseminate, or otherwise make available in any manner, such CarBuckets Data, or any portion thereof, to any third-party. 


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®, CAR DEALS BY THE BUCKET®, GROUP DISCOUNTS ON YOUR NEW CAR® and #NOFAKEPRICES®, 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. Other names and logos on our Website are the intellectual property of their respective owners. Our proprietary software 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 User. 


Notwithstanding the foregoing, you may use CarBuckets’ trade name or logo in connection with Dealership marketing or advertising materials, only upon receipt of CarBuckets’ prior written approval for such use, which may be withheld in CarBuckets’ sole discretion. 


You hereby grant CarBuckets the non-exclusive, limited, royalty-free right and license to use your and/or Dealership’s trade name, trademarks, service marks, copyrightable works, and other business information in connection with any promotional material made available to Users through our Service, including but not limited to any photographs or images contained therein. 


Confidential Information.


When used in this Agreement, the term “Confidential Information” shall mean the terms of this Agreement and all proprietary information, data, trade secrets, and business information and other information of any kind whatsoever, which either party hereto (“Disclosing Party”) discloses, in writing, orally or visually, to the other party (“Receiving Party”), or to which Receiving Party has access, in connection with discussions, negotiations and performance between and by the parties hereto, including but not limited to trade secrets, know-how, ideas, business plans, pricing information, the identity of and any information concerning customers or suppliers, computer programs (whether in source code or object code), procedures, processes, strategies, methods, systems, designs, discoveries, inventions, production methods and sources, marketing and sales information, information received from others that a party hereto is obligated to treat as confidential or proprietary, and any other technical, operating, financial and other business information that has commercial value, to the Disclosing Party, its business, potential business, operations or finances, or the business of CarBuckets’ affiliates or customers. 


Each party hereto, as Receiving Party, hereby agrees that Confidential Information of the other party, as the Disclosing Party, will be used by it only in connection with the performance of its obligations under this Agreement and that Confidential Information will not be disclosed or made available to any person for any reason whatsoever, other than on a “need to know basis” and then only (i) to its employees or agents, and (ii) as required by law or as otherwise permitted by this Agreement. Prior to any disclosure of Confidential Information as required by law, the Receiving Party shall notify the Disclosing Party of any actual or threatened legally compelled disclosure, and cooperate with the Disclosing Party’s reasonable, lawful efforts to resist, limit or delay disclosure; provided, however, that Disclosing Party shall bear the sole cost of such efforts. Notwithstanding the foregoing, nothing in this Agreement shall prohibit or limit Receiving Party’s use of information or data (i) independently developed by it; (ii) rightfully acquired by it from a third party with full legal right to disclose such information; (iii) approved for disclosure by the Disclosing Party pursuant to this Agreement; (iv) which becomes part of the public domain through no breach of this Agreement; or (v) disclosed in connection with the pursuit or defense of any claim arising between CarBuckets and Dealership. The Receiving Party does not acquire any right, title, or other ownership interest in the Confidential Information of the Disclosing Party. In the event of any breach of the obligations under this Section, the breaching party acknowledges that the other party would have no adequate remedy at law, because the harm caused by such a breach would not be easily measured and compensated by damages, and that in addition to such other remedies, at law and in equity, as may be available to the other party, including but not limited to monetary damages and injunctive relief.


Term; Termination.


Term. This Agreement shall commence as of the date that you consent to the Dealership Quote and shall continue until terminated as further set forth below (“Term”).


Termination for Convenience. Either party may terminate this Agreement, including the applicable Dealership Quote, upon thirty (30) days’ prior written notice to the other party, subject to Dealership’s completion of any obligation of performance or payment to CarBuckets and/or any Users, pursuant to this Agreement or Code of Conduct. 


Termination for Cause. Either party may terminate this Agreement effective immediately by written notice, and shall be deemed “for cause”, if the other party becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceedings under any bankruptcy or insolvency law, whether domestic or foreign, or has wound up or liquidated, voluntarily or otherwise. CarBuckets may also terminate this Agreement “for cause” in the event that Dealership breaches any term of this Agreement or the Code of Conduct, and such breach remains uncured within three (3) days of written notice from CarBuckets to Dealership. 


Effect of Termination. Upon termination or expiration of this Agreement, all rights and licenses granted hereunder, with the exception of Dealership’s obligation to make payment for any fees due and owing to the Company, shall automatically terminate. Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of this Agreement shall survive and remain in effect after such occurrence. 


Cancellation of Dealership Accounts by CarBuckets. 


We may permanently or temporarily suspend or terminate your use of the Service or your Dealership Account if you violate these Terms of Use, our Code of Conduct, our applicable Dealership Quote, 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 Dealership Account. Please see our Dealership Code of Conduct for other penalties which may apply prior to the cancellation of your account. 


Cancellation of your Dealership Account by You. 


You may close your Dealership Account upon ninety (90) days written notice to CarBuckets, by emailing [email protected], subject to the terms of your applicable Dealership Quote. This Agreement will survive the termination of your Dealership 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 Website (“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 Website. 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.


Representations and Warranties.


You and CarBuckets each represent and warrant to the other that (i) such party has the full corporate right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder and to perform the acts required of it; (ii) the execution of this Agreement by such party, and the performance of its obligations and duties hereunder, do not and will not violate any agreement to which such party is a party or by which it is otherwise bound, or any applicable governmental law or regulation to which it is subject; (iii) when executed and delivered by such party, this Agreement will constitute the legal, valid, and binding obligation of such party in accordance with its terms; (iv) such party shall render all services to the other party in a professional and commercially reasonable manner, in accordance with generally accepted industry standards; and (v) such party acknowledges that the other party makes no representations, warranties, or agreements related to subject matter not expressly provided for in this Agreement.


Dealership represents and warrants that (i) Dealership shall honor the Final Prices offered to each User, which constitute legally binding offers to sell or lease a Vehicle, from Dealership, to a User, subject to availability, and shall not alter or modify the terms of any Final Price in any way; (ii) Dealership shall comply with all state, local and national consumer protection, anti-trust, and other applicable commercial laws concerning the offering of Vehicles to consumers and all other applicable rules, regulations and laws relating to the conduct of Dealership’s business in each jurisdiction where it conducts business or is subject to such rules, regulations or laws and Dealership acknowledges that CarBuckets shall have no obligation to advise Dealership with respect to the applicability of any such rules, regulations or laws and Dealership shall rely only upon its own counsel’s advice for such matters; (iii) Dealership shall not engage in any unlawful or unethical practices with respect to any and all Users; (iv) Dealership shall not make any offers or bids unless Dealership reasonably believes that it has a the ability to supply such Vehicles to all Users that accept and complete such offer; (vi) Dealership shall not otherwise engage in any illegal, unfair or fraudulent business practices using the Service; (vii) Dealership shall comply with any and all agreements in effect between Dealership and any vehicle manufacturer, which it has in place; and (viii) Dealership shall be solely responsible for any warranty obligations arising in connection with the Vehicles. 


Dealership agrees to (i) abide by all terms and conditions set forth in these Terms of Use and the Code of Conduct, as may be amended from time to time; (ii) continuously update and ensure the accuracy of all Inventory Data and Vehicle information entered into the Service; (iii) abide by all local, state and federal laws with respect to the intrastate and interstate sale, lease and transportation of motor vehicles; (iv) remain in compliance with all terms and conditions of any agreements to which Dealership is bound, including but not limited to any vehicle manufacturer agreements or franchise agreements; and (v) deliver the Vehicle to each User at Dealership’s sole cost and expense. 


Disclaimer of Warranties. 


THE WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR THIRD-PARTY SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE 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 WEBSITE, (II) THE VEHICLES OR VEHICLE DESCRIPTIONS, (III) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE CARBUCKETS WEBSITE, AND (IV) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE CARBUCKETS WEBSITE OR (I) THAT THE CARBUCKETS WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CARBUCKETS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CARBUCKETS WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CARBUCKETS WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE CARBUCKETS WEBSITE 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 WEBSITE 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, IF ANY, YOU HAVE PAID CARBUCKETS.


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 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 Website 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 Website or other websites to which the CarBuckets Website is linked; and/or (v) your negligent act or omission or willful misconduct.


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 a “Party” and collectively, 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 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 User 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 Section by sending written notice of your decision to opt-out to the following address: CarBuckets, 6538 Collins Avenue., Unit 58, Miami Beach, Florida 33141. 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 as a CarBuckets Dealership 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, in our sole and absolute discretion. 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 Website 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 Dealership Account as set forth herein and immediately cease to use the CarBuckets Website. 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 Service may enable access to third-party content, products and services, and may offer interactions with third-parties over which we have no control, such as, but not limited to, HubSpot, Inc. You understand and agree that any interactions you have with any third party through or as a result of your use of the Service may be governed by such third-party’s terms of use, privacy policies, or other rules or agreements, which may differ from the terms of this Agreement, and you hereby agree to all such terms and policies. 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 by each Dealership). Participation or availability on the Service 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 Website by anyone, including Dealerships and Users.


No Agency Created. 


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


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. 


Non-Exclusivity. 


Dealership has been informed and understands that CarBuckets is now, and may hereafter, offer the Service to other automotive dealerships that conduct business of the same type as Dealership, and which are or may be competitive with the business of Dealership. Dealership acknowledges and agrees that CarBuckets has no duty of exclusivity to Dealership and that such other dealerships may participate in the Service as decided in CarBuckets’ sole discretion. 


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 Act of God, event of force majeure or other circumstance beyond the reasonable control of CarBuckets. 


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, the Code of Conduct, and the Dealership Quote supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Service, the Website 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 Dealership Account, you may contact us by email at [email protected], or by U.S. Mail at CarBuckets, 6538 Collins Avenue, Unit 58, Miami Beach, Florida 33141, Attention: Legal Department. 


Last Updated: October 6, 2021