This website (the “Site”) is owned and operated by CarCo Technologies, Inc., d/b/a Drivin (“Drivin”). By using the Site, you agree that you are at least eighteen (18) years of age and bound by all of the following provisions of the Agreement.
- Use. The Site is for the exclusive use of licensed retail automotive dealers within the United States. Each unique dealership location (a “Dealer”) requires a separate subscription, but each subscription may have multiple authorized users at no additional charge. The Site is not an auction and sales are not completed through the Site. The Site brings together Dealers who may wholesale sell (a “Listing Dealer”) an automobile from their inventory to Drivin, who may then wholesale sell that automobile to another Dealer (a “Sourcing Dealer”). No purchase from a Listing Dealer, or sale to a Sourcing Dealer, is final without a fully executed Bill of Sale or other binding contract for sale. Sales by DRIVIN to a Sourcing Dealer will also be subject to the separate terms and conditions found at: http://www.drivindealer.com/terms-and-conditions. You, the Sourcing Dealer, agree that clicking request on any vehicle listing does not create a contract for purchase of that vehicle by you, and does not obligate Drivin to negotiate a sale of that, or any other, vehicle to you. You, the Sourcing Dealer, understand that not all vehicles listed may be presented to you for viewing by the Site. You, the Sourcing Dealer or Listing Dealer, acknowledge that Drivin’s ability to provide services is dependent upon your full cooperation (which you agree to provide) as well as the accuracy and completeness of any information and data that you provide to Drivin. Accordingly, by accepting the terms and conditions of this Agreement, you agree to provide Drivin with access to, including permitting Drivin to navigate, search, harvest, access, “scrape,” “crawl,” or “spider” any content or web pages provided by you to Drivin, and use all information, data and documentation obtained thereby that is reasonably required by Drivin for the performance of its services.
- Subscription and Billing. Subscriptions billed to a credit card will be charged on the monthly anniversary of the service start date. All other subscriptions will be billed on the monthly anniversary of the service start date by invoice sent via electronic mail and/or U.S. Mail. Payment terms are net 30 days from invoice date. Drivin reserves the right to terminate or suspend access to the Site for any Dealer for non-payment of any invoice when due, or for any other violation of the Agreement. Dealer may cancel its subscription at any time prior to its monthly billing date. There are no prorations of the monthly subscription charge.
- Dealer Representations. You, the Listing Dealer, represent and warrant that you have used commercially reasonable efforts to verify that all information posted for any vehicle listing is true and accurate, and that you have the ability to transfer merchantable title to that vehicle if sold. You, the Listing Dealer, agree that prospective buyers may rely on the information about any vehicle’s features and condition you have included in any listing, and understand that additional disclosures about vehicle features and condition may be required to conclude any potential sale. You, the Listing Dealer, further understand that not all vehicles listed will be presented to Sourcing Dealers.
- Express or Implied Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. DRIVIN DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, AND THE MATERIALS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND DRIVIN SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT.
- Third Party Content. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE LISTING DEALER OR OTHER THIRD PARTIES. DRIVIN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. DRIVIN CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. DRIVIN RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. DRIVIN DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE.
- Copyright. All information and content available on this Site, including but not limited to, images or video content (collectively, “Content”) is protected by copyright and other intellectual property laws. The Content is owned by Drivin. Access to and use of these images or video may be restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited. While you may interact with or download a single copy of any portion of the Content for your information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of Drivin. If you operate a website and wish to link to the Site, you must link to the Site’s home page unless permission otherwise has been granted in writing by Drivin. Drivin reserves the right, in its sole discretion, to reject or terminate any links to the Content or the Site.
You acknowledge that the Content includes certain trademarks and service marks owned by Drivin and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. “DRIVIN”, “DRIVIN INSIGHTS”, and the speedometer logo are trademarks of CarCo Technologies, Inc. Other product and company names herein may be trademarks of their respective owners.
Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, “Software”), is owned by Drivin and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
Requests regarding use of the Content for any other purpose should be directed to Legal Department, Drivin, 600 W. Chicago Ave., Ste. 260, Chicago, IL 60654.
- Intellectual Property Infringement. It is the policy of Drivin to respond to claims of intellectual property infringement. Drivin will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this Site: Legal Department, Drivin, 600 W. Chicago Ave., Ste. 260, Chicago, IL 60654.
- Dealer-Provided Content. By submitting content, photos, data or other materials (“Materials”) to the Site, you hereby grant to Drivin a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to Drivin a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials. You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, including but not limited to those related to original equipment manufacturers; (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity; and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold Drivin and its officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of this Agreement or (iv) any actual, prospective or terminated sale or other transaction between you and any party.
Prohibited Use. The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam”; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (l) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (m) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (n) taking any action that imposes an unreasonable or disproportionately large load on Drivin’s hardware and software infrastructure (collectively, “Prohibited Activities”).
DRIVIN AND ITS OWNERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THIS AGREEMENT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF DRIVIN AND ITS OWNERS, EMPLOYEES, AGENTS, AND CONTRACTORS FOR ANY CLAIM EXCEED FIVE THOUSAND DOLLARS ($5000.00).
- Termination of Use. You understand and agree that Drivin, in its sole discretion, and without prior notice, may terminate or suspend access to this Site and Drivin may exercise any other remedy available and remove any Materials, if Drivin believes that your use of the Site and/or any Materials you provide: (a) violate (i) this Agreement, (ii) the rights of Drivin, or another user of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate; or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Drivin for violations of this Agreement, and you consent to injunctive or other equitable relief for such violations without the requirement that Drivin post a bond. Drivin is not required to provide any refund to you if you are terminated as an authorized user of the Site because, Drivin determines, in its sole discretion, that you have violated this Agreement.
- Miscellaneous. a) Neither this Agreement, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties; b) this Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions; c) you hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Cook County, Illinois, within one (1) year after the cause of action arises or the cause is barred and you hereby consent to personal jurisdiction in the federal and state courts in Cook County, Illinois, and waive any objection based on forum non conveniens; d) as a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action; e) if for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect; f) failure by Drivin to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision of this Agreement; and g) this Agreement constitutes the entire agreement between the parties regarding the subject matter hereof.