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 to help you get a great purchase or lease deal on a new or usedautomobile (referred to as a “Vehicle” throughout this Agreement). Our technology leverages the power of volume sales.When you use CarBuckets’ Service, you won’t have to field countless calls, texts or emails from numerous car dealerships.
Registering for our Service places Users in a “Bucket”, meaning that you will join a group of car buyers interested in buying or leasing the same make of Vehicle that you are looking for. CarBuckets’network of registered car dealerships(each a “Dealership”)provideCarBuckets with price quotes and applicable discounts, and CarBuckets shows you the“Carbuckets Price”, received for a Vehiclematchingthe specifications you select. The“Winning Dealership”is the Dealership that offers the“Lowest Volume Price” for all Users in a specific Bucket.After a short interview with (and credit check by) the Winning Dealership, a User will then receive their Final Price, which is the all-inclusive price a User will pay for the specific Vehicle identified in your “Winning Bid Notice”. Users will never see multiple offers from participating Dealerships nor will they be able to see other Users’or Vehicles in yourBucket. Additionally, Dealerships who participate in the Service have agreed to abide by our Dealership Code of Conduct, which ensures transparency and prohibits unethical practices.
- “Bucket” means a User or group of Users who have registered for the Service and are seeking to purchase or lease the same Vehicle make.
- “Lowest Volume Price” refers to the lowest aggregate price at which a Dealership is willing to offer one or more Vehicles for sale at discounted pricing based on the total number of Users in an applicable Bucket and other factors taken into account by the Dealership, such as available inventory.
- “CarBuckets Price” refers to the price of a specific Vehicle (identified by its Vehicle Identification Number or “VIN”) matched to a User based on their specifications entered when registering for an applicable Bucket, submitted by Dealership offering the Lowest Volume Price, including Cash Rebates discounts, but does not constitute a final, binding offer to sell or lease a Vehicle by the Winning Dealership. The CarBuckets Price will be displayed in your Winning Bid Notice.
- “Final Price” means the final “out-the-door” price at which the Winning Dealership is offering to sell or lease a specific Vehicle, including all applicable discounts, rebates, shipping and delivery costs, tax, tag, and title. The Final Price will be displayed in your Final Price Notice, as further defined below.
- “Trim”refers to adifferent version of the same make and model of a Vehicle, which may contain different features, upgrades and equipment including but not limited to lane-keeping assistance, upgraded stereo systems, sport-packagesor rear spoilers.
- “Winning Bid” means the Lowest Volume Price offer from the Winning Dealership, as it applies to your particular Vehicle.
- “Winning Dealership” means the Dealership that bids the Lowest Volume Price for any applicable Bucket.
General Information for Users
CarBuckets is solely a research and communications platform that connects Users to Dealerships. Any and all information contained on our Website is for informational purposes only. Unless otherwise provided herein, CarBuckets is not responsible for the accuracy of any information provided by our third-party affiliates, including data providers such as ChromeData®, payment processing services or any Dealerships, including their inventory system(s)(each and collectively, “Third-Party Service Provider[s]”). Unless otherwise stated herein, CarBuckets is not affiliated with any Third-Party Service Provider and cannot guarantee the accuracy of any information provided by them. Any and all transactions related to the purchase or lease of a Vehicle are a contract between you and theapplicable Dealership. CarBuckets assumes no responsibility for a User’s interaction with a Dealership or Third-Party Service Provider, in any way, including but not limited to the purchase, lease, trade-in, or financing of a Vehicle, and any warranties or automotive insurance associated therewith.You acknowledge and agree that any purchase or lease termsviewable through the Serviceare made by a Dealership, not CarBuckets. CarBuckets does not participate in the Dealership bidding process and expressly disclaims any liability in connection therewith. CarBuckets receives fees from participating Dealerships and may receive compensation from certain Third-Party Service Providers and does not guarantee that the goods or services offered by any such Third-Party Service Provider are the best available.
The images provided on the Website are provided by ChromeData® and are shown for illustration purposes only and may not reflect the final trim, as defined below, or accessories packages that may be available or offered to you from the Winning Dealership. A User’s Winning Bid Notice containing your CarBuckets Price willcontain the specific Vehicle, which a Dealership is offering you for sale or lease, as the case may be. It is the User’s responsibility to obtain Vehicle images and specifications from the Winning Dealership and to verify the accuracy thereof.
By using the Service, you acknowledge and agree that, due to the constantly changing inventory of automotive dealerships, in general, participating Dealerships may not ultimately have the Vehicle specified in your Winning Bid Noticein their inventory. Dealerships are not required to hold Vehicles, unless an agreement has been reached between you and the applicable Dealership.During your initial interview (“User Interview”) with a Winning Dealership, Users must confirm whether the specific Vehicle is available. If your Vehicle is not available at the time of your User Interview, Dealerships are required to use their best efforts to obtain a similar make and model (including trim-level and specified color) or if such Vehicle (each a “Replacement Vehicle”) is not available in the Winning Dealership’s inventory, every attempt must be made to secure a Replacement Vehicle by dealer-trade within twenty-four (24) hours. If no Replacement Vehicle is available, you will be placed in a new Bucket.
You may negotiate the purchase pricefor your Vehicle and/or choose to purchase or lease a different Vehicle directly with the Winning Dealership. CarBuckets plays no role in the negotiationprocess and expressly disclaims any liability in connection therewith.
CarBuckets is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, automotive insurance or other automotive-related products or services offered by third parties. Any brand names or logos, particularly those relating to the make and model of a vehicle, contained on the Website are the intellectual property of their respective owners.You agree to indemnify and hold CarBuckets harmless in connection with any claim that CarBuckets is acting as an automotive dealership or broker, insurance broker, or any professional business entity, as such terms are defined by applicable state law.
The Service may contain hyperlinks to websites operated by parties other than CarBuckets. CarBuckets does not operate the third-party service(s) or links and is not responsible for the content or accessibility outside of the Website. The Service may also contain content created by third parties, such as customer reviews, where third parties may express their ideas and opinions. CarBuckets and its affiliates do not endorse the accuracy or reliability of any third-party content.
Registration with the Service; Joining a Bucket; Cash Rebates.
Access to the Service will require you to register an account with us and provide certain information in connection therewith (“User Account”).Although you may create a User Account at any time prior to using the Service, when you use the Service,we will first ask you to provide your desired 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.Users can select a specific trim for their model, or they can select “any trim”. In the case that a User selects “any trim”, Dealerships will be able to provide a quote for any trimavailable in their inventory for that specific make and model. If Users select “any trim” when signing up for a Bucket, Users expressly acknowledge and agree that they will not have the option to choose the trim for a Vehicle.
Once you have completed the Vehicle selection process, to continue, you will be required to enter your personal and contact information. You will then be able to determine whether you might qualify for any available manufacturer rebates or similar incentives, including Dealership incentives (each a “Cash Rebate”). You will be asked to select whether your preference is to lease or purchase your Vehicle. Then you will be asked to input the zip code where the Vehicle will be registered in order for the Dealership to calculate applicable tax, tag and title costs. Cash Rebates may vary depending on whether or not a User desires to purchase or lease their desired Vehicle.
Information regarding Cash Rebates is provided by ChromeData® and other Third-Party Service Providers. CarBuckets does not guarantee the availability of or your eligibility for any Cash Rebates. Cash Rebates will not be displayed if there are no Cash Rebates currently available for the Vehicle you selected. However, during your initial interview with the Winning Dealership, you may wish to inquire as to the availability of any additional Cash Rebates which were not displayed on the Website. 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. The information that you provide on the Website regarding Cash Rebates will be reflected in your CarBuckets Price, subject to confirmation by the Winning Dealership before issuing a Final Price. Similarly, CarBuckets is not responsible for your failure to receive a Cash Rebate, even if you were ultimately eligible for one at the time of purchase or lease. You are strongly encouraged to discuss the availability of and your eligibility for any Cash Rebates with the Winning Dealership. Final qualification for Cash Rebates lies with the Dealership, based on requirements set forth by the Vehicle manufacturer and applicable laws.
By using the Service, you expressly agree that the availability of and your ultimate eligibility for any Cash Rebates will be determined by you and the applicable Dealership or manufacturer, as the case may be, at the time of your purchase or lease. If you discover an error in any information on our Website, including inaccurate information regarding Cash Rebates, please contact us at email@example.com.
Activation of your Bucket
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, automatically placingsuch Users in a Bucket.The number of Users required to activate a particular Bucket depends on a number of factors, which are determined by CarBuckets, in its sole and absolute discretion, provided that a Bucket must have at least one (1) or more User. You can check the status of your Bucket at any time by logging in to your UserAccount. We will also send you a notification, to which you expressly consent to receive, when your Bucket is activated. Activation of your Bucket does not mean that your requested Vehicle will be available, that you will receive a Winning Bid Notice or that if you do, that you are required to buy or lease a Vehicle.
Matching Selected Vehicle with Dealership Inventory.
Based on the Winning Dealership’s inventory, the Service will automatically match a User with a specific Vehicle featuring their selected trim, or if that trim is not available, the trim that most closely resembles the selected preference. If a specific trim is selected, and that trim is not available at the Winning Dealership, you may be presented with an alternative (and perhaps more expensive) trim for the selected Vehicle.
Users also recognize that a specific color indicated on our Website and chosen by a User may not be available from the Winning Dealership. 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, in its sole and absolute discretion. CarBuckets cannot guarantee the availability of a make, model or trim at any Dealership. Although Dealershipsagree to make every effort to match Users with their desired Vehicles, Vehicle inventory changesconstantly.
Please keep in mind that images of the Vehicle on the Website are shown for illustration purposes only. The final Vehicle that you will be able to purchase or lease from the Winning Dealership may vary from the displayed images on our Website. However, some Dealerships may also provide Vehicle Description Pages (VDP) for your Vehicle, where you can view the Dealership’s images and specification of the Vehicle. However, as further set forth above, it is the User’s responsibility to obtain accurate Vehicle images and specifications from the Winning Dealership prior to undertaking any transaction with a Dealership. CarBuckets disclaims any liability for any inaccuracies or discrepancies regarding the offered Vehicle.
Bidding and Pricing
CarBuckets includes a Vehicle listing and information service on a private listing portion of the site, sometimes referred to as the "CarBuckets Marketplace", that allows Users and Dealerships to conduct Vehicle sales and lease transactions from existing Vehicles in a participating Dealership’s inventory. The information on Vehicles provided through these services and on the Website is supplied by each participating 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 Dealerships and Users that occurs through the Website or that originates from information found on the Website. Vehicle prices listed in the CarBuckets marketplace 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 fees, if applicable. If you desire to purchase a Vehicle directly from the CarBuckets Marketplace, you will be directed to a form which will allow the applicable Dealership to contact you to set up a User Interview and provide you with a Final Price Notice.
FOR ALL WEBSITE-RELATED SERVICES, CARBUCKETS IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR WEBSITE. CarBuckets does not hold or possess title for any Vehicle listed for sale or lease on our Website and CarBuckets is not a party to any Vehicle sale or lease contract between Users and Dealerships that originates on or through the Website.
Information about a particular Vehicle is supplied by the Dealership, not by CarBuckets, and the User is solely responsible for reading the full Vehicle listing before making a commitment to buy or lease. The price and other terms of any sale or lease are arranged after negotiation between the User and Dealership. CarBuckets is not responsible for incorrect information given by Dealerships or Users, including (i) information regarding Vehicles, including but not limited to Vehicle mileage, condition, history, or photos of Vehicles, and (ii) information about the identity, reliability or suitability of a buyer or seller. Vehicle History reports may be provided and are for informational purposes only from an unaffiliated third-party Vehicle report provider. CarBuckets is not responsible for any incorrect information or mistakes. We cannot verify the information/photos that Dealerships supply or guarantee the Vehicles they offer. When using this Website, please use common sense and good judgment. When dealing with prospective selling Dealerships, we urge you to take the same precautions you would take if you were purchasing a car through a classified ad in the newspaper or any other private sales transaction.
CARBUCKETS MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE OR SOLD ON OUR WEBSITE. VEHICLE SALES ARE “AS IS”. VEHICLE SALES AND LEASES ARE BETWEEN THE USER AND THE APPLICABLE DEALERSHIP ONLY. CARBUCKETS DOES NOT OWN, INSPECT, BUY, OR SELL, ANY VEHICLES LISTED FOR SALE ON OUR WEBSITE. ANY DISPUTE ABOUT THE CONDITION OF A VEHICLE SOLD OR LEASED THROUGH THE WEBSITE IS BETWEEN THE USER AND DEALERSHIP ONLY. CARBUCKETS DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR WEBSITE.
All applications for credit and/or lending arrangements are through one or more unaffiliated third-party providers over whom CarBuckets has no control. Any application for credit or lending arrangement, terms, conditions, warranties, or representations associated with any application for credit or lending arrangement, is solely between you and any such third-party provider. CarBuckets is not responsible or liable for any loss or damage incurred as the result of such application for credit or lending arrangement.
The following terms also apply to Vehicle purchases, sales and leases through the Website:
Transfer of Ownership. CarBuckets will communicate certain information between Dealerships and Users (and vice versa) to help facilitate a sale or lease on the Website, but CarBuckets does not transfer legal ownership of Vehicles from the Dealership to the User. Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the actual buyer and the seller of the Vehicle, unless the buyer and the seller agree otherwise.
Customer Service. Any guidance we provide in connection with a Vehicle sale through the Website, including guidance provided by a CarBuddy, is solely informational and you may decide to follow it or not. Also, while our agents may help facilitate various aspects of a private sale, CarBuckets has no control over and does not guarantee: the existence, quality, safety or legality of Vehicles advertised to be sold; the truth or accuracy of Dealership’s content or listings; the ability of a Dealership to sell Vehicles; the ability of a User to pay for Vehicles; or that the Dealership and User will actually complete a transaction.
Disputes. The Website does not support Vehicle returns or cancellations of completed sales or leases. Once a sale or lease transaction is complete, any dispute between a Dealership and User concerning a Vehicle sold or leased through the Website must be addressed directly between the User and Dealership separate to and outside of the Website.
Release. If you have a dispute with a Dealership or User using the Website, you release CarBuckets (including our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Usersmay use apayment calculator located on the Website to assist in calculatingthe approximate monthly financing or lease payments for your Vehicle, should you choose to finance or lease your Vehicle. The figures entered on the input page of this calculator are for informational purposes only and are based on information provided by ChromeData® and its LenderDesk service. Any payment calculator offered through the Service is not intended to offer any tax, legal, financial or investment advice and does not assure the availability of or your eligibility for any Vehicle financing, nor does this calculator predict or guarantee the actual results of any financial products. The terms and conditions of products offered by institutions will differ and may affect the results of the calculator. Financing terms viewable on the Service may differ from results shown in any payment calculator provided due to numerous factors, including but not limited to your credit score.If for any reason financing terms cannot be provided to you through the Services, please contact us for assistance.
Financial and Insurance Service Providers.
CarBuckets and our affiliates, through the Service, may provide a venue through which you can obtain information and find third-party service providers, such as financial institutions, credit providers, insurance agents, and other financial professionals (“Financial Service Provider[s]”). We do not endorse or recommend the products or services of any Financial Service Provider, and are not an agent or advisor to you or any Financial Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Financial Service Providers. It is your responsibility to investigate Financial Service Providers. You acknowledge and agree that Financial Service Providers are solely responsible for any services that they may provide to you and that CarBuckets is not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Financial Service Provider’s products or services. We urge you to obtain the advice of your own financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Financial Service Providers.
You expressly acknowledge and agree that CarBuckets is not a Financial Service Provider, and only uses third-party service providers such as ChromeData®. CarBuckets not a lending institution, insurance provider or other Financial Service Provider. Instead, CarBuckets, through our Services, may help to connect you with Financial Service Providers that might meet your needs, based on information provided by you. We do not, and will not, make any coverage or credit decision with any Financial Service Provider referred to you or portrayed on our Website. We do not issue loans, credit, insurance coverage or any other financial products.
CarBuckets does not make any warranties or representations regarding the quotes, fees, terms, rates, coverages or services offered or made available by Financial Service Providers, which may appear on our Website. Any quotes, fees, terms, rates, coverages or services shown are for informational purposes only. We do not guarantee that quotes, fees, terms, rates, coverages or services offered by Financial Service Providers will be available to you nor do we guarantee that they are the best available products or services.
CarBuckets may be compensated in exchange for featured placement of sponsored products and services, or your clicking on links posted on our Website. This compensation may impact how, where and in what order products and services appear. CarBuckets does not include all companies or all available products.
You hereby hold CarBuckets harmless and release CarBuckets of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Financial Service Provider’s products or services, including any fees charged by a Financial Service Provider.
User Interviews; Credit Check Authorization
If a User elects to proceed with the purchase or lease of the Vehicle set forth in the Winning Bid Notice, the Winning Dealership will then contact the User by its preferred contact method and conduct an interview to obtain additional information, including authorization to run a credit check. A representative from the Winning Dealership may identify himself or herself as a “Certified CarBuckets Advisor”. Certified CarBuckets Advisors are not agents, employees or independent contractors of CarBuckets. Agents, employees and other authorized representatives of CarBuckets may identify themselves as a “CarBuddy”. The Winning Dealership will also verify your location, whether or not you desire to purchase an extended warranty, and whether any Cash Rebates are applicable to the Vehicle. Please note that in order to proceed, a User must have a valid U.S. Drivers’ License and Proof of Insurance. A User will then receive a hyperlink through which it must authorize the Winning Dealership to conduct a credit check on the User. Dealerships may require other written, signed documentation to perform a credit check.Once the credit check has been completed, if approved by the Winning Dealership, the User will receive a notice (“Final Price Notice”) providing the Final Price, including shipping costs, extended warranty costs (if chosen by the User), tax, tag and title fees.The Final Price Notice is a legally binding and valid offer made by the Winning Dealership to the User, valid for seventy-two (72) hours from the issuance of the Final Price Notice. If a User chooses to accept the Final Price, it must to finalize a binding legal contract for the sale or lease of the Vehicle directly with the Winning Dealership.
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.
Failure to Complete a Purchase or Lease
A Dealership may, in its sole and absolute discretion, refuse to issue a Final Price Notice. If a transaction to purchase or lease a Vehicle is rejected by a Dealership, CarBuckets will use commercially reasonable efforts to ascertain why the transaction was either rejected or unable to be completed and a CarBuddy will contact you to assist in re-starting the process to enter a new Bucket. If you do not receive a call or e-mail from CarBuckets, please contact us by email at firstname.lastname@example.org.
Waiver of Guarantees.
CarBuckets does not guarantee that the Final Price available to you through the Website will be the lowest or best price available for your Vehicle. We cannot and do not guarantee that your Bucket will be activated or that participating Dealerships will offer discounts to Users of the Service.
If, after your Bucket is activated, we are unable to identify a participating Dealership that is willing to provide a price quote or if no Winning Bid is obtained, your Bucket may be terminated, or suspended, pending availability, and we will notify you accordingly. In such an event, your information will not be sharedwith any Dealerships and CarBuckets will have no liability for any such failure to provide a Winning Bid. You may join another Bucket at any time.
Vehicle Purchases and Leases.
CarBuckets uses its best efforts to ensure that Dealerships will abide by the Dealership Code of Conduct. However, Users expressly acknowledge and agree that CarBuckets does not have any control over the conduct of a Dealership. The Final Price constitutes a valid and legally binding offer to sell or lease, from the Winning Dealership, to you, subject to availability. You also acknowledge and agree that your agreement to lease or purchase any Vehicle is made directly with the Dealership. CarBuckets does not assume any role or responsibility in connection with such lease or purchase. CarBuckets acts solely asa communication platform between Users and Dealerships. 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 or any other interaction with a Dealership after CarBuckets provides you with a Winning Bid Notice.
If your rate plan charges you for each text, then you will be charged by your carrier for these text messages from CarBuckets at your normal rate. To stop receiving our text messages simply reply STOP to any text message. One final message will be sent to your number confirming the cancellation, but no more messages will be sent after that one.
For support or information about CarBuckets’ text message program, you may e-mail us at email@example.com.
Telephonic Communications with Dealerships
You acknowledge that telephone calls to or from CarBuckets or participating Dealerships may be monitored and recorded, and you agree to such monitoring and recording.
You verify that any contact information provided to CarBuckets or a participating Dealership, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide.
You agree to indemnify, defend and hold CarBuckets and participating Dealerships harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from your voluntary provision of contact information (including a telephone number) that is not your own, and/or from your violation of any federal, state or local law, regulation or ordinance.
You acknowledge that by voluntarily providing your telephone number(s) to CarBuckets and participating Dealerships, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to pricing and offers, your account, any transaction with us, and/or your relationship with CarBuckets or participating Dealerships. You also agree to be contacted at email and mailing addresses provided by you. Consent to receive automated marketing calls/texts is not a condition of purchasing or leasing any vehicle or service. Calls or text messages may be sent by CarBuckets or participating Dealerships even if your telephone number is registered on any state or federal “Do Not Call” list. You acknowledge that we may add to or withdraw Dealerships from our list at any time, and you consent to be contacted, as explained above, by these Dealerships notwithstanding the date of the start of your relationship with CarBuckets. Your consent to be contacted applies to Dealerships that may have existed at the start of your relationship with CarBuckets and that may thereafter be added to our participating Dealership list. You acknowledge that you may incur a charge for calls or text messages by your telephone carrier and that neither CarBuckets nor participating dealers are responsible for these charges.
Eligibility and Territory.
Persons who are under eighteen (18) years of age, or who are under the applicable legal age of majority in their jurisdiction, are not eligible to use the Service and may not do so. The Service is only available to Users in the contiguous forty-eight (48) United States of America (“Territory”). You are not authorized to access our Website, use the Services or register for a User Account if you are outside of the Territory. For purposes of these Terms, the Territory expressly excludes Alaska, Hawaii, Puerto Rico and any other possessions, commonwealths or territories.
User Code of Conduct and Prohibited Activities.
By using the Service, you expressly agree to abide by our User Code of Conduct.
In addition to the terms set forth in our User Code of Conduct, 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 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 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 Website.
Other Rules of Use
The Service is not intended for Users under the age of thirteen (13), and we do not knowingly collect personally identifiable information from users under the age of thirteen (13). Such Users are expressly prohibited from registering for the Service or submitting their personally identifiable information to us, and from using portions of the Service for which registration is required.
You must ensure that all equipment, hardware, software, products and/or services you use to access, visit, or use the Service does not disturb or interfere with our operation of the Service, or impede or interfere with others' access, visitation and/or use of the Service. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any equipment, hardware, software, product and/or services causing interference with the Service, our licensors, vendors, andThird-Party Service Providers.
If you provide your number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s).
Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Service resides or is accessible.
You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any content subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person or entity, or for an end use, prohibited thereby.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Content that is provided by us, our licensors, vendors and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation, and "look and feel" of the Service, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or service providers.
Certain content may be made available to you on or through the Service for download, installation, and/or streaming on your computer, mobile or other device, and via Real Simple Syndication (RSS), such as photos, images, text, music, audio, videos, podcasts, ringtones, games, graphics, or software. Such content is subject to the same terms, conditions, limitations and restrictions applicable to all content provided by us, our licensors, vendors and/or service providers. You must, in addition to all of your other obligations, use such content only to the extent expressly authorized for the particular content, and you may not use such content in a manner that exceeds such authorization. Certain content on the Service may be provided by third parties and CarBuckets may not have editorial control over such content. The views or opinions expressed by those third parties do not necessarily represent the views of CarBuckets.
Vehicles and their descriptions on the Service are for informational purposes only and CarBuckets does not guarantee the accuracy of such information. CarBuckets may obtain vehicle listing information, including vehicle descriptions from third parties, so there is a possibility that unintentional errors can occur. All Vehicles are subject to prior sale and may not be available when you are ready to purchase or lease. You agree that any reliance on the Vehicle listing and descriptions on the Service is at your own risk. All Vehicle listings are subject to the Disclaimer of Warranty and Limitation of Liability in these Terms. Dealerships are not under any obligation to finance, sell, or lease a Vehicle to you.
Operation of the Service.
Intellectual Property Rights.
CarBuckets respects the intellectual property of others, and we ask our Users to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or use the Service of users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content deemed to be infringing. It is our policy to terminate the access of repeat infringers.
If you have reason to believe that your content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains content or activity that infringes your copyright rights, you may notify us by providing a document via e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;
- Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
- Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.
Copyright Agent: DiSchino & Schamy, PLLC, 4770 Biscayne Blvd., Suite 1280, Miami, Florida 33137. Email:firstname.lastname@example.org.
Only copyright complaints should be sent to our Copyright Agent. No other communications will be accepted or responded to.
Cancellation of User Accounts by CarBuckets.
Cancellation of your User Account by You.
You may close your User Account at any time by going to your account settings and disabling yourUser Account or by notifying us, with Seventy Two (72) hours advanced notice, at email@example.com. This Agreement will survive the termination of your User Account.
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.
Monitoring and Complaints
CarBuckets strives to provide an enjoyable online experience for our Users, so we may monitor activity on the Service to foster compliance with these Terms. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties or guarantees that: (1) the Service, or any portion thereof, will be monitored for accuracy or unacceptable use, or (2) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement.
If you have a legitimate complaint about the Service, please do the following:
Copyright Complaints: If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us as described above in the section entitled Copyright Complaints.
CyberCrimes: If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, infringement, or hacking, you may contact the Internet Crime Complaint Center, at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA).
IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF THIS AGREEMENT, COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES).
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.
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 SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, 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 OR PROVIDED BY ANY THIRD-PARTY ON THE CARBUCKETS WEBSITE, (II) THE VEHICLES AND VEHICLE DESCRIPTIONS OR ANY OTHER GOODS OFFERED FOR SALE OR LEASE USING THE SERVICE, (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, INCLUDING ANY DEALERSHIP, YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE CARBUCKETS WEBSITE;NOR DOES CARBUCKETS REPRESENT OR WARRANT (Y) THAT THE CARBUCKETS SITE 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 (Z) 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.
IN ADDITION, CARBUCKES DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CARBUCKETS OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
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 SERVICE PROVIDERS 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.
You agree to fully indemnify, defend, and hold CarBuckets and its subsidiaries, affiliates, partners, officers, directors, employees, agents, 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 the services or goodsobtained through your use of the Services, including, but not limited to, goods and services, such as Vehicles, obtained through Dealerships or Third-Party Service Providers; (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 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 Website or other websites to which the Website is linked; (v) any transaction or interaction with a Dealershipor Third-Party Service Provider 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 or any interaction with a Dealership; (vi) any negligent act or omission or any willful misconduct by you; and/or (vii) any inaccuracies in the information provided to you through the Website.
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
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.
No Oral Modifications.
Third Parties and Third-Party Beneficiaries.
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.
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.
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 whatsoever, which is beyond our reasonable control.
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.
6538 Collins Ave., Unit 58
Miami Beach, Florida 33141