Terms of Use

TERMS OF USE 

Introduction. This website (the “Site”) is operated by our dealership Uftring Auto Group, LLC (“Dealership”) and powered by Dealer Inspire, Inc. (“DI”). By using the Site, you hereby agree  that you are at least eighteen (18) years of age and bound by all of the following provisions of  these Terms of Use (the “Terms”). These Terms further include the Privacy Policy available  via link in the footer of our Site which is incorporated by reference. IF YOU DO NOT AGREE  TO ALL OF THESE TERMS, YOU MUST NOT USE THE SITE. BY USING THE SITE, YOU  ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND YOU AGREE  TO BE BOUND BY THEM. 

Site Content. By agreeing to these Terms, the Dealership grants you a limited license to  access and use the Site for your personal use. Copyright and other intellectual property laws  protect all of the information and content available on this Site (collectively, “Content”). The  Content is owned by the Dealership and/or its licensors and suppliers (which may include  consumers (including you as the case may be), companies, advertisers, agencies, service  providers, content providers, vendors and others) (collectively, “Licensors and Suppliers”).  You may interact with or download a single copy of any portion of the Content for your  personal, non-commercial use, but you may not reproduce, sell, publish, distribute, modify,  display, perform, re-post, transmit, or otherwise use any portion of the Content in any other  way or for any other purpose without our prior written consent. 

Trademarks. You acknowledge that the Content includes certain trademarks and service  marks owned by the Dealership, as well as Licensors and Suppliers, 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 permitted copies of the Content. Our name and the logo are trademarks and proprietary  to us. 

Software. Please note that all software programming, including without limitation, all HTML  and other code contained in this Site (collectively, “Software”), is owned by the Dealership,  DI, and/or our respective Licensors and Suppliers and is protected by copyright laws and  other intellectual property laws, as well as international treaty provisions. Any reproduction,  redistribution, publication, display, or other unauthorized use of the Software without our  express written consent is prohibited and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible. 

License. Although we do not claim ownership of any of the lead data, communications,  reviews, ratings, photos, information, data, text or other materials you give us (collectively,  the “Materials”), and unless otherwise agreed in a writing signed by us, by submitting any 

Materials to us or via the Site, you hereby grant to the Dealership and DI an irrevocable,  perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display,  reproduce, adapt, modify and distribute such Materials and to prepare derivative works of  the same or incorporate into other works, and to exploit all such Materials in any form,  media, software or technology of any kind now existing or developed in the future, and the  right to sublicense the foregoing rights through multiple tiers. 

Dealer and Manufacturer Incentives and Offers. Vehicles advertised on this Site may  include information about third-party special offers, incentives, or pricing programs  associated with a specific brand, model, or vehicle (“Offers”). We are not responsible for the  content of any such Offers, nor responsible for any errors or omissions in Offer contents or  descriptions. Users of the Site should contact the manufacturer for full details on any such  Offers, including eligibility requirements, limitations and restrictions, and availability. Vehicle pricing is subject to all manufacturer rebates and incentives available to customers. The vehicle listing price will disclose all pricing and financing terms, excluding only required  government charges. If there are optional add-on charges available to the listed vehicle  listing, we will provide you with additional information and pricing as it relates to such add ons. Additional options for vehicle listings are not required for purchase. While great effort is  made to ensure the accuracy of the information on this Site, errors do occu r so please verify  information with a customer service representative. You may not qualify for all Offers,  incentives, discounts, or financing. Offers, incentives, discounts, or financing are subject to  expiration and other restrictions. Please contact the Dealership for qualifications and  complete details. 

Special Prohibitions Applicable to Leads and Submitted Content. Additionally, by  submitting a lead or request for information, and in addition to the other agreements,  representations and warranties made herein, you further represent, warrant and agree you  will not: 

  1. Submit any Materials which are patently offensive, vulgar, defamatory, which display  pornographic or sexually explicit material of any kind, or which may include content  that promotes racism, bigotry, hatred, or physical harm of any kind against any group  or individual. 
  2. Impersonate, or attempt to impersonate, any other person, falsify contact  information, misrepresent a relationship with any person or entity (including  misrepresenting a relationship with the Dealership), or otherwise attempt to mislead  others as to identity. 
  3. Submit Materials that contain restricted or password only access pages, or hidden  pages or images.
  4. Submit Materials which provide instructional information about illegal activities,  which violate someone’s privacy, or which create or facilitate the creation of  computer viruses or other malware. 

Copyrights and Copyright Agents. It is our policy to respond to claims of intellectual  property infringement. We will promptly process and investigate notices of alleged  infringement and will 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: 

Dealer Inspire c/o Cars.com 

Attn: Privacy at Customer Care 300 S. Riverside, Suite 1000 

Chicago, IL 60606 

Email: [email protected] 

Telephone: 855.357.4677 and asking for Privacy at Dealer Inspire 

To be effective, the notification must be a written communication that includes the following: 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner  of an exclusive right that is allegedly infringed; 
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple  copyrighted works at a single online site are covered by a single notification, a  representative list of such works at that site; 
  3. Identification of the material 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 the service provider to locate the  material; 
  4. Information reasonably sufficient to permit the service provider 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; 
  5. A statement that the complaining party has a good faith belief that use of the material  in the manner complained of is not authorized by the copyright owner, its agent or the  law; and 
  6. 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.

Interactive Areas. The Site may offer forums, blogs, comments areas, bulletin boards and  chat rooms (collectively, “Forums”) that are intended to provide users 18 years of age and  older an interesting and stimulating forum in which they can express their opinions and share  their ideas. Our Dealership does not endorse the accuracy or reliability of any advice,  opinion, statement or information posted on the Forums or in consumer reviews. Please use  your best judgment and be respectful of other individuals using these Forums. Do not use  vulgar, abusive or hateful language. You may not use the Forums for advertising or  promotional materials or other forms of solicitation. Uploading copyrighted or other  proprietary material of any kind on the Site without the express permission of the owner of  that material is prohibited and may result in civil and/or criminal liability. Any information you  disclose when posting a message in these Forums may become public. You should not  include any information in your posting that you do not want other parties to see or use and  you hereby agree that you will not hold our Dealership responsible for any third party’s use  of information contained in such posting. 

Registration. If you create an account with our Dealership, then as a condition of any  account registration with the Dealership, you agree to provide our Dealership with true,  accurate, current and complete information as may be prompted by our registration forms;  and you further agree to update and maintain the truthfulness, accuracy and completeness  of such information. The Dealership may assign you a user ID and a password in connection  with registration. Your user ID and password may only be used by you. You are solely  responsible for maintaining and protecting the confidentiality of your user ID and password  and are fully responsible for all activities that occur under your user ID and password. By  completing formal registration and creating an account with our Dealership, you may be  asked to consent to receive autodialed and/or pre-recorded telemarketing calls (including,  without limitation, SMS (text) messages) from or on behalf of our Dealership or our partners  at the telephone number(s) (including your wireless number, if applicable); you understand  that such consent is optional and not a condition of purchase. 

Rights. Given the nature of the Site and the volume of leads, reviews and other Content  submitted, our Dealership cannot and does not monitor all Content or Materials posted or  transmitted by you and/or other third-party providers via the Site. You expressly acknowledge  and agree that our Dealership: (a) will not be liable for Materials and (b) reserves the right to  review, reject, delete, remove, modify, or edit any Materials at any time for any reason,  without liability, without notice to you and without providing a refund. 

Prohibited Activities. The following is a partial list of the kinds of activities that are  prohibited on or through the Site: 

  1. Engaging in activities or submitting Materials that could be harmful to minors.
  2. Engaging in activity or submitting Materials that harasses or advocates harassment  of another person. 
  3. Engaging in activity that involves the transmission of “junk mail” or unsolicited mass  mailing or “spam” or harvesting or otherwise collecting personally identifiable  information about Site users, including names, phone numbers, addresses, email  addresses, without their consent. 
  4. Engaging in activities or submitting Materials that solicit passwords or personally  identifiable information for unlawful purposes from other users. 
  5. Engaging in unauthorized commercial activities and/or sales without our Dealership’s  prior written consent such as advertising, solicitations, contests, sweepstakes,  barter, and pyramid schemes. 
  6. Using any robot, spider, other automatic device, or manual process to monitor, copy,  or “scrape” web pages or the Content contained in the Site, or for any other  unauthorized purpose. 
  7. Using any device, software, or routine to interfere or attempt to interfere with the  proper working of the Site. 
  8. Decompiling, reverse engineering or disassembling the Software or attempting to do  so. 
  9. Taking any action that imposes an unreasonable or disproportionately large load on  the Site or hardware and software infrastructure or that of any of our Licensors or  Suppliers. 
  10. Attempting to gain unauthorized access to the Site, other user accounts, or other  connected computer systems or networks. 
  11. Taking any action which may violate any applicable local, state, federal, or  international laws. 
  12. Taking any action which might undermine the Site, DI and/or our Dealership. 

Disclaimer. All Materials posted on, transmitted through, or linked through the Site, are the  sole responsibility of the person from whom such Materials originated. Our Dealership does not control and is not responsible for Content or Service Provider Content made available  through the Site. Our Dealership has no obligation to screen, preview, monitor or approve  any Materials. However, our Dealership reserves the right to review and delete any Materials  which, in our sole judgment, violate these Terms. By using the Site, you agree that it is solely  YOUR RESPONSIBILITY to evaluate your risks associated with the use, accuracy, usefulness,  completeness or appropriateness of any Materials and/or Content that you submit, receive,  access, transmit or otherwise convey through and/or to our Dealership. Under no  circumstances will our Dealership or any of its officers, managers, owners, agents or  representatives be liable in any way for any Materials or the Content or conduct of any third 

party. Our Dealership retains the right, in our sole and absolute discretion, to determine  whether or not your use of the Site is consistent with these Terms. Our Dealership may  suspend, restrict or terminate your use of the Site and refuse any future use of all or portions  of the Site if your use breaches or fails to comply with any of these Terms. 

Third Party Links. This Site may contain links to or otherwise allow connections to third party websites, products, or services that are not owned or controlled by the Dealership or  DI. You agree that the Dealership and DI are not responsible or liable for the content,  policies or practices of any third-party websites. Your use of other websites, and the offer  or purchase of products or services on or through such other websites, is subject to the  terms and conditions thereof. You agree that you will bring no suit or claim against the  Dealership or DI arising from or based on your use of, or the offer or purchase of products  or services on or through, such other websites. Links do not imply that the Dealership or DI  are affiliated or associated with, or are legally authorized to use any trademark, trade  name, logo or copyright symbol displayed in connection with or accessible through such  links, or that any linked site is authorized to use any trademark, trade name, logo or  copyright symbol of the Dealership or DI or any of their affiliates. 

Representations and Warranties. You hereby represent and warrant that: (a) you have all  necessary authority, rights and permissions to submit the Materials and grant the licenses  described in these Terms, (b) the Materials are accurate, current and complete, (c) the  Materials do not and shall not infringe or misappropriate any copyright, trademark, trade  secret, patent, or other intellectual property right of any third party or violate any other  rights of a third party, including, without limitation, any rights of privacy or publicity or any  contractual rights, (d) the Materials and your use of the Site shall not violate any applicable  law or regulation, or cause injury to any person, and (e) your use of the Site shall not violate  any agreements between you and a third party. 

Indemnification. You agree to indemnify and hold the Dealership, DI, and our respective  Licensors and Suppliers, and their respective officers, directors, employees, agents,  representatives and contractors harmless from and against any and all claims, costs,  demands, damages, liabilities, or expenses, including, without limitation, reasonable  attorneys’ fees, arising from or related to: (a) the Materials you provide, (b) your use of the  Site or your reliance on the Content, (c) your breach of these Terms (including, without  limitation, your breach of any representation, warranty and/or agreement contained herein),  or (d) any actual, prospective, completed, or terminated purchase, sale or other transaction.

Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON  ITS CONTENT IS AT YOUR OWN RISK. THE SITE, SOFTWARE, AND CONTENT IS PROVIDED  ON AN “AS IS, AS AVAILABLE” BASIS AND THE DEALERSHIP AND ITS LICENSORS AND  SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES,  INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR  PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NON INFRINGEMENT. THE DEALERSHIP AND ITS THIRD PARTY LICENSORS AND SUPPLIERS DO  NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE,  SOFTWARE, AND CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY  OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR  WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE OR ERROR-FREE. ALL  CONSUMER REVIEW INFORMATION AVAILABLE ON THIS SITE IS SUPPLIED BY THIRD  PARTIES. THE DEALERSHIP CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY  OR COMPLETENESS OF SUCH INFORMATION. FOR PURPOSES OF THIS WARRANTY  DISCLAIMER, THE PHRASE “LICENSORS AND SUPPLIERS” DOES NOT INCLUDE YOU. 

Limitation of Liability. NEITHER THE DEALERSHIP, DI, NOR OUR RESPECTIVE LICENSORS  AND SUPPLIERS SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES,  INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL  OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, SOFTWARE, OR  CONTENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: (a) YOUR USE OR INABILITY TO USE THE SITE; (b) ANY ERRORS, OMISSIONS OR DEFECTS IN  THE CONTENT; (c) ANY INTERRUPTIONS OR DELAYS IN TRANSMISSION; (d) ANY THIRD  PARTY CLAIM BASED ON YOUR (i) NEGLIGENCEOR (e) COMPUTER VIRUSES. IN NO EVENT  WILL THE AGGREGATE MAXIMUM LIABILITY OF THE DEALERSHIP, DI, AND/OR OUR  RESPECTIVE LICENSORS AND SUPPLIERS TO YOU FOR ANY CLAIM EXCEED THE GREATER  OF THE AMOUNT YOU PAID TO USE THE SITE IN THE MONTH PRECEDING THE CLAIM  GIVING RISE TO LIABILITY OR ONE-HUNDRED DOLLARS ($100). FOR PURPOSES OF THIS  LIMITATION OF LIABILITY, THE PHRASE “LICENSORS AND SUPPLIERS” DOES NOT INCLUDE  YOU. 

Termination of Service. You understand and agree that in the Dealership’s sole discretion,  and without prior notice, your access to this Site or any portion thereof may be terminated,  and the Dealership may exercise any other remedy available if the Dealership believes in its  sole discretion that your use of the Site and/or any Materials you provided violate: (i) these  Terms, (ii) the rights of the Dealership, DI, and/or any third party, or any user of the Site, or (iii)  any law, rule or regulation, or (iv) are otherwise objectionable or inappropriate for any  reason. You agree that monetary damages may not provide a sufficient remedy for violations  of these Terms, and you consent to injunctive or other equitable relief for such violations 

without the requirement of a bond. The Dealership is not required to provide any refund to  you if you are terminated as an authorized user of the Site or any portion thereof. 

Miscellaneous. The Dealership may modify, suspend, discontinue or restrict the use of  any portion of the Site without notice or liability. The Dealership retains all right, title, and  interest in and to User Data (as defined in the Privacy Policy). The Site may include links to  other websites not established or supervised by us and we are not responsible for any  linked sites. These Terms will be governed by and construed in accordance with the laws of  the State of domicile of our Dealership, without regard to conflicts of law provisions. You  hereby agree that any claim you may have with respect to the subject matter of these Terms  must be filed within one (1) year after the claim arises or the cause is barred. As a condition  of using this Site, you agree that all claims or causes of action arising out of or connected  with these Terms shall be resolved individually, without resort to any form of class action.  Headings used in these Terms are for convenience only and shall have no interpretive  effect. If for any reason a court of competent jurisdiction finds any provision of these  Terms, or portion thereof, to be unenforceable, that provision of these Terms will be  enforced to the maximum extent permissible so as to affect the intent of the parties, and  the remainder of these Terms will continue in full force and effect. Any failure to enforce  any provision of these Terms will not be deemed a waiver of future enforcement of that or  any other provision of these Terms. These Terms constitute the entire agreement between  us and you regarding the subject matter hereof. These Terms shall not be construed as  creating a partnership, joint venture, or agency relationship or granting a franchise between  the parties. In the event of any conflict between these Terms and any separate written  agreement between you and us, the terms of the written agreement shall control. 

Changes to these Terms The Dealership reserves the right to update and periodically  amend these Terms at our discretion and at any time. If we make changes to these Terms,  amendments will be posted online, and the date of update will be included. Your continued  use of this Site and affiliated sites after any such update indicates your acceptance of the  same. 

Site Manager. DI is the website creator for the Site. As between the Dealership and DI, the  Dealership is the sole owner of the Content of the Site. DI functions as management and  technical support for the Dealership. 

Contact Us. If you have any questions or comments about these Terms, please do not  hesitate to contact us using the contact information available on this Site. 

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