Terms and Conditions |
Effective as of March 1, 2007
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By providing the information either through the TheAutoBuyingService.com web site (http://www.TheAutoBuyingService.com) (the "Site") or to representatives of The Auto Buying Service (the "Service"), you authorize and enable SalesGen Corp ("we," "us" or "our") to provide such information to its third party partners (the "Partners") in order to provide you auto financing quotes. In signing up on the Site, you are deemed to have agreed to these terms and conditions of use ("Terms and Conditions").
The Site is provided for your and others' personal, non-commercial use, subject to these Terms and Conditions of use and all modifications thereto, and any other rules or guidelines, including (without limitation) any sweepstakes rules that may be published from time to time on this Site. We reserve the right to modify the Site and any element thereof from time to time, for any reason without notice. You should check these Terms and Conditions periodically for changes, as we also reserve the right to modify them at any time. The date of the current version of these Terms and Conditions is noted above. Your use of the Site following any modifications to these Terms and Conditions shall be deemed to be your assent to any such modifications.
Vehicles, Vehicle Financing and Aftermarket Products
If you wish to receive information concerning vehicles, vehicle financing, aftermarket products and all other automotive products and related services offered either by the Service or by its lender, dealer and fulfillment partners (“Partners”), you must provide your contact information. By providing your contact information and clicking "Submit," you are expressly consenting to be contacted by the Service and its Partners, either by telephone, e-mail or mail, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state administered Do Not Call List, or the Do Not Call List administered by any other entity.
Please note that the information provided by the Service or its Partners should not be used as the sole basis for your vehicle purchase, vehicle financing, aftermarket purchase or other purchase decision, and may not meet your particular needs. Please seek the advice of an appropriate professional regarding the assessment of vehicle, financing and aftermarket product information provided as a consequence of your registration on the Site.
Conditions for Use of the Site
As a condition to your visit and use of the Site, you represent and warrant that:
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You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Site in accordance with these Terms and Conditions;
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All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited);
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You understand and agree that the Service and SalesGen Corp may share personally identifiable information and other information provided by, and aggregated information about, you and other users with its Partners and service providers for the purpose of fulfilling your vehicle purchase and/or vehicle financing request. A full description of the Service and the Site privacy policies can be found here.
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You understand that abuse of the Site may result in your being denied access to such Site, as determined by SalesGen Corp in its sole discretion;
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You understand and agree that, in addition to these Terms and Conditions, the Site will be governed by the official rules applicable to the promotion or offer, if any;
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You will not:
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Harvest, sweep, or use any other means, to collect information about users of the Site;
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Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Site;
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Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without the prior express written authorization of SalesGen Corp;
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Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Site content; or
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Except as otherwise expressly permitted on the Site, use any information you may obtain from the Site (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
SalesGen Corp may reject any registration application from any person with or without cause at its sole discretion. SalesGen Corp reserves the right to terminate a user account in the event that such user provides false or misleading registration information or otherwise violates any term of these Terms and Conditions (as determined by SalesGen Corp in its sole discretion). Your status as a registered user creates only a customer relationship with SalesGen Corp and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship.
Consent for Electronic Documents
As part of the Service you may submit a credit application for auto financing with our Partners ("Application"). In order to continue this process, our Partners must provide you with certain disclosures, notices, information and documents related to your Application ("Documents") electronically. This Consent for Electronic Documents informs you of your rights when receiving these Documents electronically. By agreeing to receive Electronic Documents, you acknowledge receipt of this Consent for Electronic Documents, and agree to the electronic delivery of such Documents via the internet to the e-mail address designated on your Application. Please note, if you are approved for a loan, all loan packages are mailed via overnight delivery.
Before you decide to receive your Documents electronically, you must determine if you have the necessary hardware and software described below to access and retain these Documents. To access and retain your Documents electronically, you will need to use Adobe Acrobat Reader since we are delivering a PDF file. Acrobat Reader is available for free at www.adobe.com.
You may withdraw your consent to receive your Documents electronically at any time by contacting the Partner, whose number will be supplied to you on your notice of approval or decline. With the exception of email communications, they will continue the loan process in non-electronic form to our online direct lenders at no charge. If you decide to withdraw your consent, the legal validity and enforceability of prior electronic Documents will not be affected, and you will not have the option to later receive your Documents electronically.
If you wish to obtain a paper copy of any of the Documents, you may call the Partner whose direct contact information will be given to you on your approval or decline notice from the lender and request a copy at no charge.
To update your electronic or mailing address, contact the Partner by mail or telephone at the number given to you on the approval or decline information sent to you in your original communication from the lender. CONSENT AND ACKNOWLEDGMENT. BY SELECTING ELECTRONIC DOCUMENTS, YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE ELECTRONIC DOCUMENTS IN THE FORMAT DESCRIBED ABOVE, AND YOU CONSENT TO HAVING DOCUMENTS PROVIDED TO YOU ELECTRONICALLY VIA E-MAIL.
Compliance With Law
By visiting this Site or participating in offers on the Site, you agree to comply with all relevant local, state, provincial, and national laws and/or regulations that may be applicable to your visitation and/or participation.
Third Party Content/Promotions, Third Party Products, and Third Party Site Activities
The Site may display and make available content, promotions, advertisements, and offers provided by third parties, including the Partners ("Third Party Promotions"), as well as goods and services offered by third parties, including the Partners ("Third Party Products"). You understand and agree that we shall not be responsible and shall have no liability for any Third Party Promotion or Third Party Product or for your activities on any third party sites for whom we display offers ("Third Party Site Activity"), and that you participate in or choose to click on a Third Party Promotion, purchase and/or use a Third Party Product, or participate in a Third Party Site Activity solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion, Third Party Product or Third Party Site Activity will be with the applicable third party offering the Third Party Promotion, Third Party Product or Third Party Site Activity and that you shall have no remedy against us arising from your use of (or participation in), or inability to use (or participate in), any Third Party Promotion, Third Party Product or Third Party Site Activity.
Intellectual Property Rights
The Site contains intellectual property owned by SalesGen Corp and other parties. As between SalesGen Corp and you, SalesGen Corp is the sole owner of the Site and all materials on or available through the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the "Site Content"). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Site content solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Site content unless you first obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property. To seek our permission, you may write to SalesGen Corp at the address provided below. Any unauthorized attempt to modify any Site content, to defeat or circumvent our security features, or to utilize this Site for other than its intended purposes is strictly prohibited.
Linked Sites
You may be able to link to third parties' Web sites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled or examined by SalesGen Corp in any way and SalesGen Corp is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply SalesGen Corp’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall SalesGen Corp be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, your participation in activities on such Linked Sites, or the information, material, products or services accessed through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. SalesGen Corp reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links.
Other sites may link to the Site only through a plain-text link. Permission must be granted by us for any other type of link. To seek our permission, you may write to SalesGen Corp at the address provided below. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at our discretion, at any time.
Submissions
Any notes, postings, ideas, suggestions, concepts, or other material submitted through this Site via e-mail or any means that we may create or provide in the future will become our property throughout the world and we shall be entitled (without compensation to any party) to use such material in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us, it is original with you and accurate and does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance.
Privacy Policy
The information collected and used on the Site is governed by TheAutoBuyingService.com's privacy policy.
Infringement and Regulatory Complaints
SalesGen Corp will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using this Site in violation of any applicable federal, state, or local laws.
Disclaimer of Information
Except as expressly set forth herein, SalesGen Corp is not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Site or by any of the equipment or programming associated with or utilized in connection with the Site or the products or services provided on or through the Site, or by any technical or human error which may occur in the processing of information received by us. SalesGen Corp assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Site. SalesGen Corp is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from use of the Site or Site Content.
THIS SITE, INCLUDING THE SITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, SALESGEN CORP, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE, AND THE SITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SALESGEN CORP DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE OR THE SITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE OR SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
Limitation of Liability IN NO EVENT WILL SALESGEN CORP, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE OR SITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE OR THE SITE CONTENT.
Indemnification
You agree to defend, indemnify and hold SalesGen Corp, its parents, subsidiaries, partners, agents, affiliates, licensors, advertisers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from, in connection with or as a result of your use or inability to use the Site and or Site Content, any information provided to you by the Site, or any violation of these Terms and Conditions by you.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site or Site content must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
Applicable Laws / Jurisdiction
You agree that the laws of California, excluding its conflicts-of-law rules, shall govern your use of the Site, the Site Content, and these Terms and Conditions. Your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that any dispute and/or claim arising out of or in connection with your use of and/or inability to use the Site and/or Site Content shall be heard in the County of Los Angeles, State of California. You hereby knowingly, voluntarily, and intentionally waive, to the fullest extent permitted by applicable law, the right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Miscellaneous
All of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms and Conditions constitute the entire agreement between the parties hereto, and supercede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate these Terms and Conditions and/or to terminate your access to and ability to use the Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.
SalesGen Corp
269 South Beverly Drive, Suite 677
Beverly Hills, CA 90212
Disclosure: We developed the content for The Auto Buying Service™ while working with automotive industry clients. We hope you find it helpful in making informed decisions. While we believe the information to be accurate, we do not guarantee its accuracy.
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Must be 18 or older and employed to qualify
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