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Usage Terms And Disclaimers
This Website was designed by and is owned and hosted by Autobytel, 18872 MacArthur Boulevard, Irvine, California 92612-1400.
AGREEMENT BETWEEN USER AND AUTOBYTEL
This Website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Website constitutes your agreement to all such terms, conditions and notices.
ONLINE VEHICLE DATA, CONDITION, WARRANTY, PRICE AND PAYMENT QUOTES
The information on the Autobytel ("Autobytel") Website is being provided for educational purposes only. This Website is designed to enable users to obtain online and offline automobile price and payment quotes from participating dealers and independent providers, NOT Autobytel. All quotes are estimates only and exclude state and local taxes, as well as any state and local governmental charges, including without limitation, registration, license and title fees, documentary fees, emissions certification fees and added accessories you choose to place on the vehicle. On occasion, unintentional, but material, errors may occur in the entry of condition, warranty, pricing and/or payment data that forms the basis of such quotes furnished through the Autobytel Website. In such an event, Autobytel will not honor such quotes. Autobytel, in its sole discretion, will make the determination as to whether a quote is materially inaccurate as a result of unintentional data entry errors. KNOW WHAT YOU ARE SIGNING AT THE TIME OF PURCHASE OR LEASE as a dealer is not prohibited from independently negotiating all of the terms and conditions of the final sale. Your acceptance of and execution of a contract for the purchase or lease of a vehicle and/or your purchase or lease of any vehicle on an "as-is" or "implied warranty only" basis or with any terms differing from those quoted to you on this Website will supersede any posted or referenced terms, conditions and/or warranties displayed on our Website and be legally binding upon you.
PRE-OWNED CYBERSTORE VEHICLE TERMS AND DISCLAIMERS
Pre-Owned Vehicle General Warranty Standards: NONE OF THE VEHICLES LISTED ARE OWNED BY AUTOBYTEL. AUTOBYTEL OFFERS NO EXPRESS OR IMPLIED WARRANTY ON ANY VEHICLE. Vehicles displayed for sale on the Autobytel Pre-Owned CyberStore website may be sold with or without warranty from the selling dealer. UNLESS STATED OTHERWISE, ALL VEHICLES ARE SOLD "AS-IS", WITH ALL FAULTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED REPRESENTATIONS REGARDING A VEHICLE ARE THAT OF THE SELLING DEALER AND NOT AUTOBYTEL. The Dealer is solely responsible for ensuring each vehicle meets minimal state and federal emissions and safety standards applicable for the model and year of vehicle prior to its sale.
Non-Certified Vehicle Standards: It is YOUR RESPONSIBILITY TO READ THE VEHICLE DESCRIPTION PROVIDED BY THE DEALER AND TO PHYSICALLY INSPECT THE VEHICLE PRIOR TO COMPLETING YOUR PURCHASE. A non-certified vehicle shall mean a dealer offered, retail quality, pre-owned vehicle that is offered without express warranty, refund or exchange options. Dealer may post any retail quality vehicle owned by the Dealer, regardless of model year or mileage. Dealer has agreed not to post any consignment vehicle(s). Dealer is responsible for disclosing prior rental and dealer demonstration history, frame damage, salvage history, stolen-recovery history, flood damage, and any material cosmetic or mechanical damage, defect or irregularity of the vehicle. Dealer, in its sole discretion, may offer a limited warranty for a vehicle(s) or in the alternative, offer a vehicle, without warranty, AS-IS.
Certified Vehicle Standards: It is YOUR RESPONSIBILITY TO READ THE VEHICLE DESCRIPTION PROVIDED BY THE DEALER AND TO PHYSICALLY INSPECT THE VEHICLE PRIOR TO COMPLETING YOUR PURCHASE. A "certified" vehicle shall mean a dealer offered, retail quality, pre-owned vehicle that is offered with an express warranty and written return policy. The participating Dealer, NOT Autobytel, has inspected and certified the condition of the vehicle being offered. It is Dealer's sole responsibility to ensure that the vehicle meets all local state and federal emissions and safety standards applicable for the model and year of vehicle.
To qualify for a listing of a certified Pre-Owned CyberStore vehicle on the Autobytel website, a participating Dealer has agreed that the vehicle offered has been mechanically inspected in accordance with customary and commercially reasonable standards for the market in which Dealer is located, and carries either a manufacturer pre-owned vehicle certification or exhibits all of the following key qualifications:
Certified Vehicle Condition:
Has under 75,000 miles at the time of posting
Has undergone a complete diagnostic mechanical inspection and repaired as necessary
Is less than 7 years old (current model year plus 6)
No salvage title history
No evidence of current or past frame damage
No evidence of current or past flood or water damage
No inoperative or replaced odometer
No odometer roll backs
Is not a Lemon Law resale vehicle
Is emission certified as required by applicable state and federal laws
Is in safe operating condition as defined by applicable state and federal laws
Certified Vehicle Limited Warranty Coverage: ASK FOR A COPY OF THE WRITTEN WARRANTY BEFORE YOU COMPLETE THE PURCHASE OR LEASE. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE WARRANTY BEING OFFERED FOR THE VEHICLE YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE OR LEASE. The Dealer, NOT Autobytel has agreed to establish and offer a limited warranty ("warranty") for certified vehicles they advertise in the Pre-Owned CyberStore website. All terms of the limited warranty are determined by the Dealer offering it, and not Autobytel. The warranty coverage is in addition to any implied warranties prescribed by the laws of the state in which Dealer is located. Dealer has agreed that the limited warranty offering shall not be less favorable to the purchaser than the law of the jurisdiction where Dealer is located, and at a minimum will be for a duration of not less than three (3) months or 3,000 miles, whichever comes first. Limited warranties generally do not cover cosmetic or other non-mechanical parts. Warranty coverage or exclusions are determined solely by the Dealer and should be set forth in warranty documentation provided to you separately or as printed on the Federal Trade Commission Used Vehicle Buyers Guide attached to the window of the pre-owned vehicle while on display. Dealer has agreed to provide each purchase requester a written document at the time of contracting that explains in detail, the terms and conditions of Dealer's warranty on the vehicle being purchased or leased. Dealer, NOT Autobytel is responsible for any claims arising under the provided warranty. Nothing in this section shall be interpreted as preventing Dealer from purchasing independent warranty coverage from a legitimate third party provider as long as the terms and conditions shall meet or exceed the minimum requirements set forth above.
Certified Vehicle Return Policy: ASK FOR A COPY OF THE WRITTEN RETURN POLICY BEFORE YOU COMPLETE THE PURCHASE OR LEASE. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE RETURN POLICY BEING OFFERED FOR THE VEHICLE YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE OR LEASE. Except where expressly prohibited by law or negotiated between you and Dealer to the contrary, Dealer has agreed to offer, in writing, a return policy on all certified vehicles allowing a purchaser to return a vehicle to Dealer within 72 hours or 300 miles, whichever comes first. Dealer agreed to either exchange the vehicle for another vehicle in Dealer's inventory or, if Dealer elects not to offer such an exchange, Dealer agreed to refund buyer's purchase monies within 10 business days of the vehicle's return. Customer shall be responsible for any additional sales/use tax or licensing fees incurred as a result of the exchange. In the event the original vehicle is returned damaged, where permitted by state law, dealer may refuse the return or in the alternative collect from customer that amount that dealer can prove was actually expended to repair the vehicle. Any tax or licensing charges as a result of withholding these funds shall be the sole responsibility of dealer and not Autobytel. Dealer agreed to provide each purchaser the name and phone number of the dealer employee to contact to exercise the return option. It is the purchaser's responsibility to return the vehicle to the dealership location within the prescribed return period. Dealer is not obligated to pick-up the vehicle from you nor are they responsible for any shipping costs associated with the return of the vehicle. Dealer has agreed to facilitate the purchaser's exercise of the option to return the vehicle in good faith.
Certified Vehicle Out-of-Area, Pre-Authorized Repair policy: Dealer has agreed to participate in the emergency repair system established by Autobytel. Nothing in this section shall be construed to prohibit Dealer or purchase requester from abiding by the terms and conditions set forth in a third party provider warranty provided to you at the time of purchase or lease. Absent any third party coverage to the contrary, during the warranty period, the emergency repair system allows a purchaser of a certified Pre-Owned CyberStore vehicle who is more than 100 miles from dealer's location and encounters a situation where the vehicle is not operational (i.e. cannot be driven), to contact the nearest certified Pre-Owned CyberStore Dealer (the "Repairing Dealer") and have the Repairing Dealer perform any warranted service or repair. You or the Repairing Dealer must contact the dealership where you purchased the vehicle (the "Selling Dealer") prior to any repairs being performed and obtain authorization to repair the vehicle from the Selling Dealer. For covered items other than those that disabled the vehicle, the owner should return to the Selling Dealer. Where acceptable independent third party warranty coverage is not available to the purchaser, in the interest of customer satisfaction and improved inter-dealer relations, the resulting repair charges should be calculated on a negotiated basis between the involved dealers but in no event shall such costs to the Selling Dealer exceed an internal basis of "cost plus 25%" for parts and labor in all states, except for those states with higher mandates, in which states the applicable law will govern. In the event of a "major" repair (i.e. engine or transmission), the Selling Dealer will have the option of providing alternate transportation to the customer, retrieving the affected unit at Dealer's expense, and repairing the vehicle at the Selling Dealer's service location.
VEHICLE AVAILABILITY AND PRICES
AUTOBYTEL DOES NOT GUARANTEE VEHICLE PRICES OR AVAILABILITY. All transactions are conducted by and fulfilled through state licensed and franchised vehicle dealers. All vehicle descriptions and prices provided to you either on our website or via separate contact following your submission of a purchase request are made by the participating dealer possessing the desired vehicle and not by Autobytel. All vehicles prices and descriptions listed as available on our Website under the Autobytel Pre-Owned CyberStore are established and electronically placed there by the participating dealer who owns the vehicle and not Autobytel. ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST IS PROCESSED. ALL PRICES AND TERMS ARE VALID ON DATE OF PUBLICATION ONLY. All data and information used in our research tools for configuring vehicles, selecting options, determining pricing, invoice or incentives on this Website are supplied by third party vendors for educational purposes only and are not intended to be binding on Autobytel or the subscribing dealer. All tools appearing on this Website that allow for configuring vehicles with different options do so with such items that are typically available from the manufacturer and are typically available at local dealerships and may not be indicative of all of the configurations and equipment available on the vehicle being configured or the exact price(s) for a vehicle so equipped. Autobytel will attempt to fulfill your request through the inventories of participating dealers, subject to availability and final pricing from that dealership and not Autobytel. Any discrepancies or mistakes made regarding vehicle availability, condition or pricing are not the responsibility of Autobytel and should be directed to the dealer or third party vendor responsible for providing the information.
We do not guarantee either expressly or by implication that we will find a vehicle that meets your specifications. Exact matches can be extremely difficult to find because of geographic location, vehicle popularity, and limited production or factory-to-dealer allocations.
Autobytel is not responsible for statements made by others on web pages or websites not controlled by Autobytel. Autobytel is not responsible for the accuracy, usefulness for a particular purpose or completeness of information provided by third parties that are available on or through Autobytel's website. Your purchase request may have come to Autobytel from another website. Autobytel is not responsible for anything stated on those websites.
Autobytel reserves the right not to forward your purchase request to a dealer, automobile manufacturer or any other entity in its sole discretion. At its discretion, Autobytel will seek to forward your request to one or more dealers within Autobytel's network although Autobytel can not assure you that Autobytel will be able to match your request with a dealer in Autobytel's network of dealers. In addition, Autobytel may determine to send your request to only one dealer even if there is more than one dealer available to provide to you a response to your purchase request. Autobytel may be obligated to send your purchase request to a specific dealer on an exclusive basis. Autobytel may also forward your purchase request to an automobile manufacturer for use by that manufacturer. Autobytel may resell your purchase request to another Internet marketing services company. In certain circumstances Autobytel may not be able to match your purchase request to any dealer, manufacturer or alternative Internet marketing services company in which event you will probably not hear back from Autobytel or any one referred to you by Autobytel.
When you do hear back from a dealer or automobile manufacturer or any one else Autobytel may refer your purchase request to please remember that Autobytel is not responsible for anything they may say to you or any agreement you may enter into with them. Autobytel is not an automobile or truck broker and is not seeking in any way to arrange on your behalf a sale of an automobile or truck for you. That is up to you. The statements made by any such person to you or any agreement you reach with them are strictly between you and them and we disclaim all responsibility.
The term Autobytel when referring to a website includes the following websites: Autobytel.com, Autoweb.com, Car.com, Autosite.com and CarSmart.com and any other domain names registered directly or indirectly to Autobytel Inc.
CREDIT EVALUATION
You are not required to apply for vehicle financing as a condition of your using this Website or any of the services offered hereon. Independent third party lenders and not Autobytel provide all vehicle-financing programs. If you choose to apply for financing through one of our affiliated-lending partners, you do so with this understanding. You will be asked to submit an application for credit and other documentation, as the lender deems necessary in order to facilitate the loan. Payment information provided to you on this Website is for educational purposes only and shall not be considered as final. Your actual payment will be based upon, among other things, the results of an independent credit evaluation, current prevailing interest rates, and the length and amount of the loan requested.
REBATES AND INCENTIVES
Information regarding rebates or incentives as they appear on this Website are provided to Autobytel from independent third party data providers and republished for educational benefit only. Though Autobytel uses reasonable efforts to ensure the accuracy of the information provided, such information is not intended to be a substitute for direct communication between you and the manufacturer or manufacturer's dealer/agent. Any regional and national cash incentives or rebates offered to consumers by the manufacturer are exclusively between you and the manufacturer or dealer and may affect the actual sale price of the vehicle. Autobytel does not participate in any such program and is not responsible for ensuring the incentive amount or your receipt of such benefits.
INSURANCE RATE COMPARISONS
Information regarding insurance rates and comparisons as they appear on this Website are provided to Autobytel from independent third party providers and republished for educational benefit only. Autobytel is not an insurance broker acting on behalf of any consumer, nor is Autobytel acting as an agent for a particular insurance company. Autobytel is an information service where consumers may review a number of different automobile insurance products on the market today. The coverage presented by participating insurers is designed to meet the insurance needs of a majority of consumers. Your particular circumstances may differ and thus may require additional information. By supplying these information resources, Autobytel is not making any recommendations or providing any advice as to whether or not any particular insurance coverage is suitable for your individual circumstance. Autobytel does not endorse or recommend any specific insurance company or coverage plan. Your decision to select any particular insurance company and coverage plan should be based upon your own assessment of your individual needs and the amount of insurance coverage that meets those needs. In some cases, Autobytel sources may provide comparative estimates that may be higher or lower depending upon individual underwriting criteria applied by particular insurers. This is not an application for insurance. All premiums displayed are estimates and not guaranteed.
VEHICLE HOLD REQUIREMENTS, DEPOSITS AND SERVICE FEES
IT IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU ARE BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR VEHICLE PURCHASE OR LEASE.
Autobytel does not charge a fee to consumers for our services except as provided below. *
Any deposit requirement is strictly negotiable between you and the dealer (NOT AUTOBYTEL). From time-to-time a vehicle dealer with whom you are negotiating for a purchase or lease may require a good faith monetary deposit as a good faith showing of your intent to purchase or lease a general make, model or type of vehicle and/or to hold a particular vehicle on your behalf.
Absent a specific agreement between you and the dealer, a dealer is not required to hold any vehicle off the market and is free to sell any vehicle at any time before you have executed a contract to purchase such vehicle. The act of submitting a purchase request through our Website does not place a hold on any specific vehicle in a dealer or manufacturer's inventory. A monetary deposit made by you to the dealer is not a guarantee that a specific vehicle will be available for you to purchase unless you and the dealer specifically agree to such term and the vehicle is clearly identified on a deposit receipt by the Vehicle Identification Number or Dealer Stock Number. It is your responsibility to confirm with the dealer that the vehicle will be held off the market until you can arrive at the dealership to complete the purchase and whether or not an additional deposit is necessary as a condition of the dealer holding the vehicle for you.
Whether your deposit is refundable or not is subject to your contractual agreement with the dealer and/or state law. You should not assume a deposit made by you towards the purchase or lease of a vehicle is fully refundable. Deposits made on special ordered vehicles may not be refundable in the event you ultimately do not complete the purchase or lease.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. The content available through this Website is the sole property of Autobytel or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Autobytel-owned content received through this Website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by Autobytel licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Website to anyone, including but not limited to others in the same company or organization without Autobytel's express prior written consent.
LIABILITY DISCLAIMER
ALL CONTENT PROVIDED ON THIS WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN AUTOBYTEL AND YOU. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. AUTOBYTEL AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. AUTOBYTEL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AUTOBYTEL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AUTOBYTEL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AUTOBYTEL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you warrant to Autobytel that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
This Website may contain hyperlinks to Websites operated by parties other than Autobytel. Such hyperlinks are provided for your reference only. Autobytel does not control such Websites, and is not responsible for their contents. Autobytel's inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites.
MODIFICATION OF THESE TERMS AND DISCLAIMERS
Autobytel reserves the right to change the terms, conditions, and notices under which this Website is offered at any time without notice.
GENERAL
This agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, USA in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Autobytel as a result of this agreement or use of this Website. Autobytel's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Autobytel's right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Autobytel with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Autobytel with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Autobytel with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
Questions regarding the Usage Terms, Disclaimers and Privacy Policy can be sent to
ConsumerCare@autobytel.com
For the Autobytel Privacy Policy please click here.
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