PLEASE READ THE FOLLOWING END-USER LICENSE AGREEMENT AND TERMS OF SERVICE (“AGREEMENT”) CAREFULLY.
If you do not agree to be bound by this Agreement, then you may not use our Services. We reserve the right to modify this Agreement at any time without prior notice to you. You agree that each visit you make to the Site will be subject to our then-current Agreement posted on the Site, and your continued use of our Services now or following modifications in this Agreement confirms that you have read, accepted, and agreed to be bound by such modifications. The term “you” or “user” shall refer to any person or entity who uses, downloads, accesses, browses, or otherwise utilizes the Site or uses or receives any Services.
Usage.Your use of our Services is subject to all applicable Laws (as defined in Section 11). You shall ensure that all equipment, hardware, software, products, and/or services you use to access, visit, or use our Services does not disturb or interfere with our operation of our Services, or impede or interfere with others' access, visitation, and/or use of our Services. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from our Services, any equipment, hardware, software, product, and/or services causing interference with us, our licensors, vendors, service providers, our Services or any content. Unless otherwise specified, our Services are intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, our Services by you and by those you authorize or allow to use, or provide access to, our Services, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which our Services resides or are accessible.
It is your responsibility to provide the computer, mobile device, wireless service/data plan, software, internet connections, and/or other equipment needed, in order to download, install, and use our Services. You are solely responsible for any fee, cost or expense that you may incur, to download, install, and/or use our Services via your computer, mobile device, or smartphone. WE DO NOT GUARANTEE THAT OUR SERVICES CAN BE ACCESSED AND USED ON ANY PARTICULAR DEVICE OR WITH ANY PARTICULAR SERVICE PLAN. WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE AVAILABLE IN, OR THAT ORDERS FOR THE PRODUCTS THAT CAN BE PURCHASED FROM THE SITE (THE “PRODUCTS”) CAN BE PLACED FROM, ANY PARTICULAR GEOGRAPHIC LOCATION. We reserve the right to change, suspend, remove, or disable access to our Services at any time without notice. In no event will we be liable for the removal of or disabling of access to our Services. We may also impose limits on the use of, or access to, the Site or to our Services in any case and without notice or liability.
As part of our Services, for promotional purposes, and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails, or other types of messages directly sent to you (“Push Messages”). You acknowledge that, when you use our Services, your wireless service provider may charge you fees for data, text messaging, and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and you can opt in or out of these Push Messages through our Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages), however, some of our Services may not work properly if you do opt out. Please check with your wireless service provider to determine what fees apply to your access to and use of our Services, including your receipt of Push Messages from us.
Account and Password.We may at times require that you register and/or set up an account/profile to access, visit and/or use certain portions of our Services, or our Services as a whole, in which case you may be provided, or required to choose, a password and/or User ID, and you may provide a credit, debit, or charge card number, or other payment information, as well as your name, telephone number(s), email, and/or street address, and other personally identifiable information. Other information such as your age, gender, an avatar, and the number for your mobile or other device may also be requested. In addition, you may be asked to send us similar information via messaging (e.g., email, SMS, MMS, or other technologies). All such information shall be referred to in the Agreement as your “Account Information”. We may use and share your information as described in our Privacy Policies. You agree, represent, warrant, and guarantee that all Account Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering and/or setting up an account/profile on our Services. If any of your Account Information changes, you must update it promptly by using the mechanism or contact information on our Services that allows you to change or update your Account Information, if available or you will contact us. If no such mechanism or contact information is available on our Services, please notify us as described in our Privacy Policies. WE AND OUR INDEMNITEES (AS DEFINED BELOW) SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE, OR UP-TO-DATE ACCOUNT INFORMATION, INCLUDING YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR ACCOUNT INFORMATION.
We do not sell the Products for children, but we sell them to adults, who can purchase with a credit card or other permitted payment method. We reserve the right at any time, with or without notice, to refuse access to our Services, require a change to or repossess any password and/or User ID that has been provided to you, any avatar you may be using or other Account Information, or otherwise change the access means or methods for portions of our Services, terminate accounts, remove or edit content, or cancel orders, in our sole discretion.
You will be solely responsible for maintaining the confidentiality of your Account Information. You may not authorize or permit anyone else to access and/or use your Account Information, or access, visit, and/or use our Services by use of your account/profile and/or Account Information. You may not access and/or use anyone else’s Account Information, or access, visit, and/or use our Services by use of anyone else’s account/profile and/or Account Information. You may not sub-license, transfer, sell, rent, or assign your Account Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Account Information, with or without authorization, or who has access to any computer, mobile, or other device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including purchases and/or registration for additional merchandise, the Products, and/or services, including content, that are initiated by use of your Account Information.
If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Account Information), you must immediately change the affected Account Information by using the mechanism or contact information provided on our Services, if available, and/or close the account/profile. If no such mechanism or contact information is available on our Services, please immediately notify us as described in our Privacy Policies.
License Grant.Subject the limitations contained in this Agreement, your compliance with this Agreement and your payment of any applicable fees, we hereby grant to you, subject to the terms and conditions of this Agreement, a limited, non-exclusive, non-transferable, non-sublicensable, personal license to access and make personal and non-commercial use of our Services (including updates and upgrades that replace or supplement our Services in any respect and which are not distributed with a separate license, and any documentation) on a mobile device or computer that you own or control, subject to the limitations set forth below. This license does not include any resale or commercial use of our Services, or the Products; any collection and use of the Product listings, descriptions, or prices; any derivative use of our Services or the contents of the Site; any downloading, copying, or other use of your Account Information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in this Agreement are reserved and retained by us or our suppliers, rightsholders, or partners. No part of our Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to us without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse our Services. You may use our Services only as permitted by Law and this Agreement. The licenses we have granted terminate if you do not comply with this Agreement or if we elect to disallow your continued use of our Services.
License Limitations.You agree to protect our Services and their proprietary content, information, and other materials, from any unauthorized access or use, and you agree that you will not use our Services or such proprietary content, information, or other materials except as expressly permitted herein or expressly authorized in writing by us. Except as specifically permitted herein or expressly authorized in writing by us, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share, or otherwise exploit our Services in any unauthorized manner, including by trespass or burdening network capacity; (b) use our Services in any service bureau arrangement; (c) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify our Services, any updates, or any part thereof in any form or manner or by any means; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c). You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in our Services; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate, or otherwise reverse engineer our Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable Law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with our Services); (iii) use any means to discover the source code or to discover the trade secrets in our Services; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects our Services. Any attempt to do any of the foregoing is a violation of our rights. If you breach these restrictions, you may be subject to claims and damages.
Terms of Service.You agree that: (a) you will not use our Services if you are under 18 years old or if you are otherwise not fully able and legally competent to agree to the terms of this Agreement; (b) you will only use our Services for lawful purposes; you will not use our Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent, or objectionable conduct; (c) you will not use our Services to advertise, solicit, or transmit commercial advertisements, including “spam”; (d) you will not use our Services to cause nuisance, annoyance, or inconvenience; (e) you will not impair the proper operation of our Services or otherwise try to harm our Services in any way whatsoever; (f) you will not copy, or distribute our Services or other content without written permission from us; (g) you will only use our Services for your own use and will not resell it to a third party; (h) you will keep secure and confidential your Account Information; (i) you will only use an access point or 3G/4G/5G data account which you are authorized to use; (j) you will provide us with whatever proof of identity or other information we may reasonably request and if any of your Account Information changes, you will update it promptly by using the mechanism or contact information on our Services that allows you to change or update your Account Information, if available or you will contact us; (k) you will provide to us or our authorized agents or representatives your state issued driver’s license when the Product is delivered to you that proves that you are the requisite age as applicable, and, upon request, you will provide such other form(s) of identification as may be requested by us or our authorized agents or representatives; (l) when the Product is delivered to you, you will complete any additional financing documents or other agreements we or our authorized agents or representatives reasonably require; (m) we may decline to sell you the Product or satisfy your delivery request for any reason; and (n) you are aware that we reserve the right to keep any payment or down-payment pursuant to the terms of this Agreement. We make no representation as to any Laws of any jurisdiction regarding the sale, service, transportation, or delivery of the Products to a customer/consumer, including you. We shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in this Agreement or to comply with applicable Law. We explicitly reserve the right to refuse access to our Services at any time without notice for any reason.
Third Party Materials.Our Services may display, include or make available content, data, information, applications, or materials from third parties, including the Products (“Third Party Materials”) or provide links to certain third party web sites. Third Party Materials include, but are not limited to: recall information, warranty information, and CARFAX reports. By using our Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or web sites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third party services, Third Party Materials or web sites, or for any other materials, products, content, including customer reviews, or services of third parties.
Ownership.Our Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, and other materials, are protected under intellectual property, copyright, trademark, and other Laws. You acknowledge and agree that we and/or our licensors own all right, title, and interest in and to our Services (including any and all patent, copyright, trade secret, trademark, show-how, know-how, and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of our (or our licensors’) patents, patent applications, copyrights, trade secrets, trademarks, or other intellectual property rights on account of this Agreement or your use of our Services.
Any and all (a) suggestions for correction, change, and modification to our Services and other feedback (including, but not limited to, quotations of written or oral feedback), information, and reports provided to us by you (collectively “Feedback”) and (b) improvements, updates, modifications, or enhancements, whether made, created, or developed by us or otherwise relating to our Services (collectively, “Revisions”), are and will remain our property or the owner of any Third Party Materials, as applicable. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title, or interest in our Services or in any such Feedback or Revisions. All Feedback and Revisions become our sole and exclusive property and we may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to us any and all right, title, and interest (including any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At our request, you will execute any document, registration, or filing required to give effect to the foregoing assignment.
Product Listings and Descriptions.Any information you receive through our Services is provided “as is” and “as available.” The Products (including any vehicles) listings and descriptions on our Services are for informational purposes only and we do not guarantee the accuracy of such information or that they are up to date. We may obtain the Products’ information, including vehicle descriptions, from third parties so there is a possibility that unintentional errors can occur. The Products are subject to prior sale and may not be available in your area when you are ready to purchase. ALL PRICES INCLUDED IN THE PRODUCT LISTINGS OR DESCRIPTIONS ARE WITH APPROVED CREDIT AND ARE ESTIMATES ONLY; FINAL PRICES WILL VARY depending on factors, including market changes, your credit, and the financing option selected. Tax, title and tags are not included in vehicle prices shown and must be paid by you.
Deposit.We reserve the right to require a deposit (i) to be paid for the purchase of a Product in order to consummate an order or (ii) to hold a Product you have chosen to reserve prior to the consummation of an order. If, after paying a deposit, you complete your Product order, the deposit will be applied toward the purchase price for the Product. We may change any required deposit amounts or the terms of the deposit in our sole discretion.
Fees and Product Orders.Any direct payments which we may charge you for our Services or any initial down payment, deposit, or other payment for a Product are due immediately upon request. If you initiate a transaction with us through our Site, our third party payment processor will authorize your credit or debit card for the full amount due.
Fees for taxes, title and tags are not included in the Product description and must be paid by you. We will only issue one registration. You agree to pay the costs that we actually pay to any third parties if any payment made by you is dishonored.
We may decline a Product order for any reason. If your Product order is declined by us, you will receive a full refund. If your Product order is canceled by you prior to delivery, you will receive a full refund, after deducting any applicable transaction or other fees. A full refund may be issued by us for any reason. We, at our sole discretion, may make promotional offers with different features and different rates to any customer. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Any promotional codes or offers must be included in the Product order or payment of the Deposit, as applicable, at the time of purchase. We may change the fees for our Services or the Products in our sole discretion.
Trade-In Vehicles.In connection with your purchase of a Product, you may be eligible to trade-in your vehicle through our Services (a “Trade-In”). You agree that any Trade-In is subject to this Agreement. By requesting a quote for a Trade-In, you represent that you are the owner of the vehicle, free and clear of any liens, and have full authority to sell such vehicle. Any offer we provide for a Trade-In is subject to change. You are required to provide information on your vehicle, including mileage and condition, when requesting a quote for a Trade-In and you represent that such information is accurate. We may obtain the Trade-In information from third parties so there is a possibility that unintentional errors can occur. ALL OFFERS FOR TRADE-IN VEHICLES ARE ESTIMATES ONLY; FINAL OFFERS WILL VARY depending on factors, including market changes and inspection upon Trade-In pick-up (including but not limited to mileage and condition). A Trade-In may be picked up by one of our authorized agents, representatives or affiliates at the time of delivery of a Product, who will then do an inspection of the Trade-In before we accept the Trade-In and deliver such Product. We may decline to accept a Trade-In or to reduce the value of a Trade-In for any reason upon an inspection of the Trade-In, which may cause a delay in the expected delivery date of your Product. We reserve the right to impose a pick-up fee or other fee on any Trade-In in our sole discretion.
Return Policy.You may cancel your Product order by 5:00 p.m. on the 7th day after accepting delivery of the Product (the “Test-Own Period”), with the day of delivery being considered the 1st day of the Test-Own Period. As an illustration, if the Product is delivered on the 5th of the month, the Test-Own Period ends at 5:00 p.m. on the 11th of the month. In order to cancel your Product order during the Test-Own Period, you must contact us by phone at 1-888-600-7622 or by e-mail at [email protected] (the date of such contact being the “Cancellation Date”) to arrange for us to pick up the Product. In the event that you cancel your Product order during the Test-Own Period, you agree to make the Product available for us to pick-up no later than 3 business days after the Cancellation Date at a mutually agreed upon time between 9:00 a.m. and 5:00 p.m. Monday-Friday (or such other time as we agree to in our sole discretion) at the address to which it was delivered (or another reasonable address we agree to in our sole discretion).
You may drive the Product up to 250 miles during the Test-Own Period without incurring any mileage fee. If you return the Product during the Test-Own Period, you will be charged $1.00 per mile for any mile drive over the 250-mile threshold.
If you return the Product during the Test-Own Period and the Product is returned in the same condition that it was delivered to you, you will be issued a full refund of the purchase price, less any applicable transaction fees (including, at our discretion, the delivery fee for the initial delivery, any restocking, rental, mileage, or other fees). If you return the Product within the Test-Own Period and the Product is over the 250-mile threshold you will be charged a fee of $1.00 per each mile over the 250-mile threshold in addition to the transaction fees. You acknowledge that no returns are accepted if: (a) the Product has been modified, damaged, or altered from its original condition that it was delivered to you; (b) the Product has been in an accident; (c) a lien or other encumbrance, other than the retail installment contract that you signed as part of our Services or with one of our authorized agents, representatives or affiliates, has been placed on or attached to the Product; or (d) after the Test-Own Period, after which time your purchase of the Product is final.
LIMITED WARRANTY.We warrant our Products against certain material defects of certain parts or hardware of the Products for the first 90 days after delivery of the Product (the “Limited Warranty Period”). If a part or hardware of a Product purchased through our Services does not operate as warranted during the Limited Warranty Period, we will, at our option, either refund to you 100% of the cost of the part or hardware or, at our expense repair the defective part or hardware. All parts or hardware that are replaced will become our property. Replacement parts or hardware may be new or reconditioned. We only provide this limited warranty to the person or entity that originally purchased the Product from us. In the event that the terms of your purchase contract and related paperwork provide for different warranty terms, the terms of the contract will control.
It is your responsibility to report any alleged defect to us by sending an email to [email protected] as soon as the alleged defect is discoverable during the Limited Warranty Period by providing detailed evidence that a defect exists and, if possible, a photograph of the alleged defect. This limited warranty will not apply if: (a) the Limited Warranty Period is over; (b) the defective part or hardware has been modified by an unauthorized service center or personnel; (c) the defect was subject to abuse, improper use not conforming to Product common use, or improper environment or terrain conditions; (d) the defect was subject to Force Majeure, such as acts of God, flood, lighting, earthquake, war, vandalism or theft; and/or (e) you provide any false, incomplete or inaccurate information to us when reporting the defect.
After the purchase of a Product or after the Limited Warranty Period, we may in our discretion offer you the option to purchase an extended warranty to cover the Product.
Taxes.You are solely responsible for any and all duties, taxes, levies, or fees (including any sales, use, or withholding taxes) imposed on or in connection with this Agreement by any authority.
Regulatory Compliance; Export Laws.You agree that your use of our Services, the purchase of the Product, delivery of the Product, and/or use of the Product will not violate any local, state, or federal laws or regulations (the “Law” or “Laws”), including the Export Administration Regulations (EAR, 15 CFR Part 730 et seq.) and the sanctions programs administered by the Office of Foreign Assets Control (OFAC, 31 CFR Part 500). You will not import, export, re-export, transfer, or otherwise use, directly or indirectly, our Services, the Products, and/or other information or materials provided by us or our partners and affiliates in violation of any applicable Laws. By using our Services, you represent and warrant that you are located in the United States of America. You will not engage in activity that would cause us to be in violation of any Law and will indemnify us for any fines, penalties or other liabilities incurred by us for your failure to comply with any applicable Law.
Reservation of Rights.All rights not expressly granted to you in this Agreement are reserved and retained by us or our suppliers, rights holders, or partners. No part of our Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
No Third Party Beneficiary.By accessing our Services, you certify that such access is for your own benefit and information, and that the Products are solely for your own personal use and not for any other Person. As used herein, “Person” shall include all natural persons, corporations, legal entity, and any of their/its directors, officers, agents, servants, employees, affiliates, subsidiaries, or partners.
Indemnification.By entering into this Agreement and using our Services, you agree that you will indemnify, defend, and hold us harmless and our partners, equity holders, parent organizations, subsidiaries, and affiliates, and our respective directors, managers, officers, equity holders, agents, servants, employees, and attorneys (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, proceedings, losses, damages, fines, penalties, liabilities, judgments, orders, costs, and expenses (including reasonable attorneys’ fees and legal costs) sustained or incurred by or asserted against the Indemnified Parties by reason of, arising from, or in any way attributable to: (a) your violation or breach of any term of this Agreement or any applicable Law; (b) your violation of any rights of any third party; (c) your use or misuse of the Services; or (d) any negligence or wrongful act or omission of or by you or anyone acting on your behalf.
DISCLAIMER OF CERTAIN WARRANTIES AND LIMITATION ON LIABILITY.
We and our partners, owners, subsidiaries, and affiliates, and their respective managers, officers, agents, servants, and employees (the “Gettacar Entities”) shall not be held liable for your use of our Services, any purchases using our Services, or any injury alleged to have been caused by either. We reserve the right to deny the sale and/or delivery of any of the Products, which it determines may or shall violate applicable Laws. The exercise of this right does not alleviate, amend, eliminate, or abridge your obligation to adhere to applicable Laws, nor does it impose an affirmative responsibility on us to verify your adherence to applicable Laws.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SERVICES AND THE PRODUCTS ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES (INCLUDING ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) AND THE PRODUCTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS IN OUR SOLE DISCRETION, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN SECTION 13, AND WE HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SERVICES OR THE PRODUCTS (INCLUDING THE USE, PERFORMANCE, AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT (A) OUR SERVICES OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT OUR SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (D) DEFECTS IN OUR SERVICES WILL BE CORRECTED, EXCEPT AS WARRANTED IN THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR OUR AUTHORIZED AGENTS OR REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW OR NOT COVERED UNDER THE LIMITED WARRANTY IN THIS AGREEMENT, YOU AGREE THAT IN NO EVENT WILL ANY GETTACAR ENTITY BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH OUR SERVICES, THE PRODUCTS, OR THIS AGREEMENT AND WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF A GETTACAR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM, OR ARISING OUT OF OR IN CONNECTION WITH, THIS AGREEMENT OR THE DELIVERY, USE, OR PERFORMANCE OF OUR SERVICES OR THE PRODUCTS, INCLUDING ANY LOSS OF PROPERTY OR REVENUES OR ANY CLAIM, DEMAND, OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH OUR SERVICES INITIATED OR COMPLETED BETWEEN US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
If, for any reason, a court finds us liable for damages notwithstanding the foregoing, in no event shall the Gettacar Entities’ total liability for all damages, arising out of or in connection with our Services or this Agreement, exceed the amount paid by you to us for your use or receipt of our Services or the Products. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms of this Agreement and that we would not be willing to perform our Services, sell the Products, or grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce us to grant you the rights set forth in this Agreement.
Modifications.We may modify this Agreement at any time. Modifications become effective immediately upon your first access to or use of our Services after the “Last Revised” date at the end of this Agreement. Your continued access or use of our Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Agreement. If you do not agree with the modifications, then please uninstall and do not access or use our Services.
Termination.This Agreement is effective until the earliest of the date that (a) you fail to comply with any term of this Agreement, (b) you cancel your profile/account, or (c) we terminate this Agreement and/or prohibit your access to our Services. We may suspend or terminate your account(s) or cease providing you with all or part of our Services at any time for any reason, with or without notice to you, including if we reasonably believe (a) you have violated this Agreement, (b) you create risk or possible legal exposure for us, or (c) our provision of our Services to you is no longer commercially viable. We will make reasonable efforts to notify you of such cessation or termination by the email address associated with your account(s) or the next time you attempt to access your account(s) or our Services. Upon termination, you will cease all use of our Services. Termination will not limit any of our other rights or remedies at Law or in equity. This Section 21 along with Sections 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, and 25 shall survive termination or expiration of this Agreement for any reason.
Injunctive Relief.You agree that a breach of this Agreement will cause us irreparable injury for which monetary damages would not be an adequate remedy and we shall be entitled to seek equitable relief in addition to any remedies we may have hereunder or at Law without a bond, other security, or proof of damages.
Dispute Resolution – Arbitration, No Class Actions.ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THIS AGREEMENT OR OUR SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration Law apply to this Agreement.
If you do not want to arbitrate disputes with us and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within 30 days of the earlier of the day you first access or use the Site, create a profile/account on the Services, or the day you first receive any of our Services.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD.
If you intend to seek arbitration you must first send us written notice to our Customer Service Center of your intent to arbitrate (“Notice”). The Notice should be sent to us by any of the following means: (i) electronic mail to [email protected]; or (ii) sending the Notice by U.S. Postal Service certified mail to Gettacar, L.L.C., 2399 Old Lincoln Hwy, Feasterville-Trevose, Pennsylvania 19053. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the notice is received, either of us may commence an arbitration proceeding. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules as modified by this Agreement, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The number of arbitrators shall be one. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse all AAA filing, administration, and arbitrator fees paid by you for claims totaling less than $10,000, unless the arbitrator determines that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), in which case the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claim or the relief sought is improper or not warranted. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to the paragraph below.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or Gettacar may bring suit in court for injunctive relief, including to enjoin infringement or other misuse of intellectual property rights.
Applicable Law, Venue, and Jurisdiction.By using any portions of our Services, or our Services as a whole, you agree that the Federal Arbitration Act, applicable federal Laws, and the Laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of Laws, will govern this Agreement and any dispute of any sort that might arise between us.
Miscellaneous.This Agreement may not be modified by you and may only be modified by Gettacar. This Agreement will inure to the benefit of and will be binding upon each party’s successors and assigns. Our failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. We may assign this Agreement and the licenses granted hereunder but the foregoing may not be assigned by you without our prior express written consent. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided, that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in this Agreement will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. Section headings are not to be considered part of this Agreement and are included solely for convenience and are not intended to be full or accurate descriptions of the contents thereof. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. As permitted under applicable Law, all contracts to which you are a party and related to our Services should be delivered via electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method as we may request and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. We both agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of this Agreement. Your use of our Services may also be subject to other local, state, national, or international Laws. You may contact us regarding our Services or this Agreement at: Gettacar, L.L.C., 2399 Old Lincoln Hwy, Feasterville-Trevose, Pennsylvania 19053, (215) 820-5254, or by email to [email protected]. This Agreement sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.
Last Updated: May 6, 2019