The following terms and conditions of use (the "Terms") govern your use of the AutoMatch.com website (the "Site"). These Terms are entered into by and between you and AutoMatch.com ("AutoMatch.com" or “us”).
IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS SITE OR ANY OF THE SITE'S CONTENT.
The Terms constitute a legally binding agreement between you and us, AutoMatch.com, the operator of the Site (hereafter referred to as "we", "us" or "our"). References in these Terms to "Site operator", "we", "us", and "our" include our affiliates, agents, successors and assigns. The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not available to persons below the age of 18. By accessing and using the Site, you accept and agree to, without qualification, the Terms and represent and warrant that you have the authority to bind the User (as defined below) to these Terms and that your use of the Site, including the provision or use of any Content (as defined below), does not violate any applicable law. A User is defined as an individual who can form legally binding contracts under applicable law that accesses AutoMatch.com and/or its services.
The Site acts as a portal to facilitate automotive providers, lead aggregators and other similar parties (each a "Provider") to offer for sale and to sell, automobiles and other products to potential consumers who have applied through the Site to receive automobile or other authorized quotations from a Provider (each, a "Prospect"), and all Prospects and potential Prospects that use the Site are collectively called the Site's "Users" (and hereafter may be referred to as "you" or "your"). We may, with a Prospect's authorization, collect certain information (a "Lead") about a Prospect and sell the Lead to a Provider. We are not responsible for the legality, safety or quality of the products offered for sale by a Provider, the accuracy or veracity of the representations regarding the products, the ability of Providers to sell the products or the ability of Prospects to pay for the products. For all purposes we are an independent contractor. We do not sell automobiles or issue automotive contracts or automotive recommendations. We are not responsible for, nor do we assume any financial or other liability whatsoever, for the conduct of any Prospect or Provider. We do not endorse or recommend any Providers or automobiles or other related products offered by such Providers. We do not provide any type of automotive, tax, financial, legal or any other advice. We do not guarantee that any Providers to whom we send a Prospect's application will contact the Prospect or agree to provide the Prospect with the requested automobiles or automotive recommendations. If you would like personal advice or automotive recommendations, please consult with a qualified professional. Be advised that we do not offer or sell automobiles or other products shown on the Site.
These Terms are effective until terminated by AutoMatch.com. We may terminate these Terms without notice and at any time in connection with AutoMatch.com. In the event of termination, you are no longer authorized to access AutoMatch.com, and the restrictions imposed on you with respect to the Content (as defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. We shall also have the right without notice and at any time to terminate some or all of the Site or any feature or portion thereof, or any products or services offered through the Site, or to terminate any individual's right to access or use of AutoMatch.com or any feature or portion thereof.
Unless otherwise provided herein, or unless otherwise allowed under applicable law, you may not do any of the following without our prior written consent:
Unauthorized access to and/or use of the Site, or the telecommunications or computer facilities used to deliver the Site, is a breach of these Terms and is a violation of law. If you are or become aware of or experience any Content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending notification to [email protected]
AutoMatch.com is not intended for or directed at users under the age of 18. If you are under the age of 18, you are hereby expressly notified that you are not permitted to provide any information through this website, for any purpose, including seeking information or services.
We may change, discontinue or suspend any aspect of the Site at any time, including the availability of any Site features, Content or database. We may also impose limits on certain services or features or restrict your access to all or part of the Site without notice to you or liability to us.
We encourage all Users to use appropriate caution when interacting with anyone whom you may be doing business with specifically via the Site or generally via the Internet.
Each User is granted a limited, revocable, non-exclusive license to access the Site and the text, images, maps, files, photos, information and other materials on the Site (the “Content”) for the User’s personal use in order to view, access or make inquiries to us regarding our services, in accordance with these Terms. Any commercial use or other use of the Site is expressly prohibited. This limited license does not include right of display, copying, aggregation, collection, or derivative use of the Site nor any right of use of spiders,data mining, robots or similar data extraction and gathering tools without our prior express written permission. We reserve any rights not expressly granted herein. The Content may contain errors, omissions, or typographical errors or may be out of date. AutoMatch.com may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on AutoMatch.com in any way except to the extent it is specifically indicated to be so. AutoMatch.com makes no representation that materials contained on the Site or products described or offered at the Site are appropriate or available for use in jurisdictions outside of the United States, or that these Terms comply with the laws of any other country. Visitors who use AutoMatch.com and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access AutoMatch.com from any territory where its contents are illegal, and that you, and not AutoMatch.com, are responsible for compliance with applicable local laws.
IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, COVER, LOSS OF REVENUE OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SITE OR ANY TRANSACTION BETWEEN US OR BETWEEN YOU AND PROVIDERS THAT IS ENABLED BY OR ARISES IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, (vi) STATUTE, OR (vii) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN ALL EVENTS, OUR LIABILITY, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (a) THE AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU DURING THE CALENDAR MONTH DURING WHICH SUCH ALLEGED CLAIM(S) ACCRUED, AND (b) $200.00. Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action first arises.
THE SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, SOFTWARE, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND AUTOMATCH DOES NOT OFFER MAINTENANCE OR SUPPORT SERVICES FOR ANY PORTION OF THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE SERVICES, INFORMATION, FUNCTIONS AND MATERIALS AVAILABLE THROUGH THE SITE, FOR ANY SERVICES OR PRODUCTS OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY SERVICES, CONTENT OR MATERIALS CONTAINED THEREIN WILL MEET YOUR NEEDS, BE COMPLETE OR ACCURATE, BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT USER'S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO INFORMATION OBTAINED BY USER THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
In the event that you have a dispute with any Provider, Prospect, or other third party, including without limitation any other user of the Site, arising from or in connection with the use of the Site , you hereby agree to release, remise and forever discharge us and our agents, directors, officers, employees, shareholders and all other related persons or entities from any and all manner of rights, complaints, demands, claims, causes of action, proceedings, obligations, liabilities, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute or your use of the Site. If you are a California resident, you hereby waive California civil code section 1542, which says: "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, if known by him must have materially affected his settlement with the debtor." If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.
You agree to defend, indemnify, and hold harmless AutoMatch.com, its Providers, its vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Site. To the extent permitted by law, you hereby release AutoMatch.com from any and all claims or liability related to any product or service provided through AutoMatch.com and any conduct, action, or inaction by the affiliate Providers. The foregoing indemnification obligation shall survive termination of these Terms and the operation of AutoMatch.com or any product or service provided to you arising out of or relating to your use of AutoMatch.com.
We do not permit copyright or trademark infringing activities and other infringement of intellectual property rights on the Site, and we will remove or modify (or ask you to remove or modify) Content if we are properly notified that such Content infringes on another's intellectual property rights. If you are a copyright or trademark owner or an agent thereof and believe that any Content in any public area of the Site infringes upon or otherwise conflicts with your proprietary rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
Please contact us at [email protected] to send notifications of claimed infringement. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
The Site routinely contains links to external, third party websites. Our providing links to other websites does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to us. AutoMatch.com does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind , either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Users of AutoMatch.com assume complete responsibility and risk in their use of any external sites.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflicts of law provisions. Additionally, any claims brought against AutoMatch.com shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of AutoMatch.com, or any services provided through AutoMatch.com, shall be in the state or federal courts located in the Commonwealth of Massachusetts.
THIS AFFECTS YOUR RIGHTS. PLEASE READ CAREFULLY. You agree to attempt in good faith to settle any dispute or claim that has or may arise between AutoMatch.com and you, which arises out of or relates in any way to these Terms or your use of AutoMatch.com or the Content, including, without limitation, any dispute or claim between you and our affiliated Providers (each, a "Claim"), by way of consultations between you and us, which consultations will be initiated upon written notice by any party to the other (the "Consultation Notice"). The Consultation Notice must describe the nature and basis of the Claim and set forth the specific relief sought ("Demand"). If such Claim cannot be resolved within thirty (30) days after the Consultation Notice is received, any party to the consultations may initiate an arbitration proceeding upon written notice to the other party in accordance with this Section 17. Any notice to AutoMatch.com under this Section 17 should be addressed to: Consultation Notice Inquiry for AutoMatch C/O 1770 Massachusetts Ave. #325, Cambridge, MA 02140 ("Notice Address"). You agree to arbitrate all Claims between you and us that cannot be amicably resolved in accordance with the foregoing paragraph. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (a) claims arising out of or relating to any aspect of your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; and (b) claims that could be alleged as class action Claims (and you agree to waive the right to participate in a class action in accordance with this Section 17). For the avoidance of doubt, references in this Section 17 to "AutoMatch.com," "Providers," "we", "users", "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the services, information or Content available through the use of AutoMatch.com. This arbitration agreement does not preclude you from bringing an individual action in small claims court or bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. You acknowledge and agree that, by entering into this arbitration agreement, you and AutoMatch.com are each waiving our respective rights to a trial by jury or to participate in a class action. You acknowledge and agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. You further agree that this arbitration provision shall survive termination of this Agreement. Any arbitration under this Section 17 shall be governed by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Agreement (but expressly excluding the Supplementary Rules for Class Arbitration and any other AAA Rules that conflict with the waiver of class arbitration and representative proceedings below), and will be administered by one (1) arbitrator with relevant industry experience appointed in accordance with the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including, without limitation, issues relating to the applicability and enforceability of this arbitration agreement. Unless otherwise mutually agreed by the parties to the arbitration, any arbitration hearings under this Section 17 will take place in the county where you are domiciled. If your Claim is for $5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for in this Section 17, in any arbitration between you and AutoMatch.com, all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above where Claims for damages do not exceed $10,000 shall be paid, at your written request, by us. Any request for payment of fees by us shall be submitted by mail to the AAA along with your demand for arbitration, and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose, you agree to reimburse us for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THAT THIS AGREEMENT EXPRESSLY PROHIBITS CLASS ARBITRATION BY ANY PARTY. Further, unless the parties to the arbitration agree otherwise, the arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. With the exception of the provision in the preceding paragraph prohibiting class arbitration or representative proceedings, if an arbitrator or court decides that any part of this Section 17 is invalid or unenforceable, the other parts of this Section 17 shall still apply. In the event that the foregoing prohibition on class arbitration or representative proceedings is deemed invalid or unenforceable, then the entirety of this Section 17 shall be null and void. The remainder of the Terms, including, without limitation, Section 16 (Governing Law), will remain in force. You may opt-out of this arbitration provision only by written notice to us at the Notice Address within thirty (30) days of your acceptance of this agreement, which notice shall include your name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration. If we make any change to this arbitration provision (other than a change to the Notice Address) during the term of your relationship with us, that change shall not apply to any Claim against us initiated prior to the effective date of the change. The change shall apply to all other Claims that have arisen or may arise between you and us. We will notify you of changes to this arbitration provision by posting the amended terms on the Site or by email, in each case at least thirty (30) days before the effective date of the changes. Notwithstanding anything to the contrary in these Terms, Providers shall be third party beneficiaries of the rights to dispute resolution and arbitration set forth in this Section 17, and each Provider shall have the right to enforce this Section 17 against users as if such Provider were a party to the agreement set forth in this Section 17 in the event of any dispute or claim between you and such Provider based on or relating to any transaction or interaction between you and such Provider that is enabled by or arises in connection with your use of AutoMatch.com.
The invalidity or unenforceability of any one or more sections of these Terms shall not affect the validity or enforceability of its remaining provisions.
These Terms constitute the complete agreement between the parties with respect to your use, access, and receipt of services from AutoMatch.com and supersede all prior agreements, negotiations and discussions between you and AutoMatch.com relating to the same. No third-party beneficiaries of the agreement exist.
You acknowledge that you have read and understand these Terms, and that these Terms have the same force and effect as a signed agreement. These Terms shall confer no rights upon any other party other than the parties hereto.
In this E-Sign Consent, the following definitions apply: (i) "You" and "your" refer to you, the User; (ii) "We," "us," and "our" refer to the Site operator and its affiliates (including, without limitation, AutoMatch), agents, successors and assigns. By clicking the "I agree" button, which you adopt as your electronic signature, you consent and agree that:
You understand that, to access and retain the electronic Disclosures, you will need the following:
Any withdrawal of your consent to receive electronic Disclosures will be effective only after we have a reasonable period of time to process your withdrawal. You understand and agree that if you withdraw your consent to receive electronic Disclosures, we may—though we are not obligated to—cancel your account. At any time, you can update the email address to which we will send alerts that Disclosures are available. You can change your email address by contacting us at: [email protected]
You understand and agree that we are responsible for sending notice of the Disclosures to you electronically including at the email address you have provided, but are not responsible for any delay or failure in your receipt of the email notices.
If you have any questions regarding any of these Terms, please contact us by writing or emailing us at the address below:
Address: 1770 Massachusetts Ave. #325, Cambridge, MA 02140
Email: [email protected]