Description of Autobytel Services
Autobytel, an online leader offering consumer purchase requests and marketing resources to car dealers and manufacturers and providing consumers with the information they need to purchase new and used cars, pioneered the automotive Internet when it launched autobytel.com in 1995. Autobytel continues to offer innovative products and services to help consumers buy, and automotive dealers, manufacturers and other vehicle sellers (dealers, manufacturers and other vehicle sellers are collectively referred to herein as "Vehicle Sellers") sell, more used and new cars. Autobytel has helped tens of millions of automotive consumers research vehicles; connected thousands of dealers nationwide with motivated car buyers; and helped every major automaker market its brand online. Through its flagship website Autobytel.com® and Car.com℠, Autobytel continues its dedication to innovating the industry's highest quality Internet programs to provide consumers with a comprehensive and positive automotive research and purchasing experience, and auto dealers, dealer groups and auto manufacturers with one of the industry's most productive and cost-effective customer referral and marketing programs. Autobytel offers valuable shopping and research features to help you buy, sell and maintain your automobile, including new and used car research, new and used car price quotes supplied by Dealers and Other Vehicle Sellers, used car vehicle listings, the MyGarage vehicle ownership experience, as well as information and links to providers of insurance, auto finance, and other products and services.
As an online marketing and referral service for the automotive industry and for related products and services. Autobytel is NOT a Vehicle Seller, a broker or agent for Vehicle Sellers or a provider of or broker or agent for auto financing, insurance or other automotive-related products or services offered by third parties ("Product and Service Providers"). Content and information displayed on the Autobytel Websites is being provided for educational purposes only. The Autobytel Websites are designed to enable users to obtain online and offline price, payment and financing quotes from participating Vehicle Sellers and Product and Service. Autobytel does not provide these price or payment quotes and is not responsible for any such quotes or other information provided by Vehicle Sellers or Product and Service Providers 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 may choose to place on a vehicle. On occasion, errors by the Vehicle Sellers or Product and Service Providers may occur in the entry of condition, warranty, pricing and/or payment data that forms the basis of such quotes furnished through Autobytel Websites. Autobytel is not responsible for these errors, but works with Vehicle Sellers and Product and Service Providers to correct these errors when the come to Autobytel’s attention. Autobytel plays no part in actual sales transaction or in brokering sales transactions and has no control over the quality or safety of the vehicles advertised, nor the truth or accuracy of vehicle descriptions (including condition or installed options or equipment), the actual availability of any specific vehicle listed or the truth or accuracy of descriptions of other products or services. In addition, Autobytel does not own or operate any services used for facilitating the actual sale or transfer of vehicles between buyers and sellers, including escrow services or title transfer services. Avoid any such service that claims to be operated by Autobytel. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease of a vehicle or the purchase of other products or services, as neither a Vehicle Seller nor a Product and Servicer Provider is prohibited from independently negotiating all of the terms and conditions of the final sale or lease. Any terms, conditions, warranties or representations in a written contract with the Vehicle Seller or Product and Service Provider are legally binding upon you. Autobytel is not a party to any transaction between you and a Vehicle Seller or a Product and Servicer Provider and makes no representations or warranties, implied or otherwise, with respect to any vehicles (including, without limitation, the condition of vehicles listed on an Autobytel Website) or any other products or services.
Because Autobytel is only a distributor of content and other information provided by Vehicle Dealers and Product and Service Providers, in the event of any type of dispute over a vehicle or other product or services listed or displayed on an Autobytel Website, you agree that any reliance on content or information provided on an Autobytel Website is at your own risk, and unconditionally release Autobytel , its affiliated companies, and each of their respective officers, directors, employees, agents, service providers, content providers and licensors (“Autobytel Parties”) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. Autobytel is not responsible for statements made by others on Autobytel Websites or on websites not owned or operated 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 the Autobytel Websites. A consumer’s purchase request or inquiry regarding a vehicle may have originated on a website that is not owned or operated by Autobytel and was referred to Autobytel by the third party owner or operator of the website. Autobytel is not responsible for any data, information, content or statements made or displayed on those third party websites. We invite you to bring to our attention any material on an Autobytel Website that you believe to be inaccurate. Please forward a copy of the material you believe to be inaccurate and the reasons for your belief to ConsumerCareabtl@autobytel.com.
For your convenience, we make available a variety of links to other websites that we do not own or operate where you can obtain automotive related products and services, including insurance, warranties, financing and parts and service. Such links are provided for your convenience and reference only. Although we encourage you to visit such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. Autobytel not responsible for the products or services these vendors provide or the statements, data, information or other content displayed on such websites. Autobytel's inclusion of links to such websites does not imply any endorsement of the material on such websites.
Referrals to Vehicle Sellers and Other Internet Marketing Companies
Autobytel reserves the right not to forward your purchase request to a Vehicle Seller or Product and Service Provider in its sole discretion. At its discretion, Autobytel will attempt to forward your request to one or more Vehicle Sellers, although Autobytel can not assure you that Autobytel will be able to match your request with a Vehicle Seller. In addition, Autobytel may elect to send your request to only one Vehicle Seller even if there is more than one Vehicle Seller available to provide to you a response to your purchase request. Autobytel may resell your purchase request to other Internet marketing services companies that may be able to match your request with a Vehicle Seller. In certain circumstances Autobytel may not be able to match your purchase request to any Vehicle Seller or alternative Internet marketing services company, in which event you will likely not hear back from Autobytel or anyone referred to you by Autobytel. When you do hear back from a Vehicle Seller 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. The statements made by any such person to you or any agreement you reach with them are strictly between you and them and Autobytel disclaims all responsibility.
All transactions are conducted by and fulfilled through Vehicle Sellers that are not owned by or affiliated with Autobytel. Autobytel does not guarantee vehicle prices or availability. All vehicle descriptions and prices provided to you either on an Autobytel Website or via separate contact by a Vehicle Seller following your submission of a purchase request are made by the participating Vehicle Sellers and not by Autobytel. All vehicles prices and descriptions listed as available on an Autobytel Website under the Autobytel Used Car pages are established and electronically placed there by the participating Vehicle Seller that is offering the vehicle for sale or lease 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. 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. Autobytel does not guarantee either expressly or by implication that Autobytel 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.
Referrals for Specialty Automotive Credit
You are not required to apply for vehicle financing as a condition of your using an Autobytel Website or any of the products or services offered on an Autobytel Website. Independent third party lenders, and not Autobytel, provide all vehicle-financing programs and make all credit evaluations and decisions. Autobytel is not a lender, does not make credit evaluations or credit decisions and is not responsible for credit evaluations or decisions make by third party lenders. If you choose to apply for financing through one of the independent third party lenders that market their finance products and services on Autobytel Websites, 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 Autobytel Websites is for educational purposes only and shall not be considered as final. Your qualification for financing and, if qualified, the actual terms of your financing will be based upon, among other things, the results of an independent credit evaluation performed by or on behalf of the third party lender, current prevailing interest rates, and the length and amount of the loan requested.
Referrals for Insurance
You are not required to apply for vehicle insurance as a condition of your using an Autobytel Website or any of the products or services offered on an Autobytel Website. Independent third party insurance companies or their brokers or agents, and not Autobytel, provide all vehicle insurance programs. Autobytel is not an insurance company or broker or agent acting on behalf of any insurance company or for the consumer and is not responsible for insurance quotes or policies made or offered by third party insurance company’s or their brokers or agents. If you choose to apply for insurance through one of the independent third parties that market their insurance products and services on Autobytel Websites, you do so with this understanding. You will be asked to submit an application for quotes and other documentation as the third party deems necessary in order to facilitate the quote or policy. Payment information provided to you on Autobytel Websites is for educational purposes only and shall not be considered as final. Your qualification for insurance and, if qualified, the actual terms of your policy will be based upon, among other things, the results of an independent evaluation performed by or on behalf of the third party.
The insurance 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.com 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. All premiums displayed are estimates and not guaranteed.
Referrals for Other Products and Services
You are not required to purchase or subscribe to any product or service as a condition of your using an Autobytel Website or any of the products or services offered on an Autobytel Website. Independent third parties, and not Autobytel, offer these products and services Autobytel is not a broker, agent or retailer acting on behalf of any third party or for the consumer and is not responsible for any offers of products and services or for the products or services offered by third parties or their brokers or agents. If you choose to purchase or subscribe for any of these products or services, you do so with this understanding.
Advertising presented on Autobytel Websites
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through an Autobytel Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge and agree that Autobytel.com will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertising on an Autobytel Website.
Rebates and Incentives
Information regarding rebates or incentives as they appear on Autobytel Websites are provided to Autobytel from independent third party data providers and republished for educational benefit only. Autobytel relies on third party provides for this information and thus cannot be verified by Autobytel. Rebate and incentive information on Autobytel Websites should not be and 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.
Proprietary Rights and Use Limitations
Autobytel Websites are for your personal and non-commercial use. All materials on or available through Autobytel Websites, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, information or data, illustrations, artwork, software, clips and other elements making up a website (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by Autobytel or by other parties that have licensed or otherwise provided their materials to Autobytel. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from an Autobytel Website. The Content available through Autobytel Websites 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 an Autobytel 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 an Autobytel Website to anyone, including but not limited to others in the same company or organization, except as authorized by Autobytel by express prior written consent or in connection with your use of social media functions provided by Autobytel on Autobytel Websites.
You have no right to use any names, marks, logos, copyright titles, trademarks, service marks or other property of Autobytel or any third party that provides Content to Autobytel for display on the Autobytel Websites, except as expressly provided herein. Any other trademarks or service marks and associated logos found herein are the trademarks or service marks of their respective owners. All rights not granted herein are hereby expressly reserved by Autobytel and its licensors.
We respect the intellectual property of others. If you believe that your work, trademark or other intellectual property has been copied, displayed or otherwise infringed by us or by any third party on an Autobytel Website, please provide the written information specified below.
- A description of the copyrighted work, trademark or other intellectual property that you claim has been infringed upon;
- The reasons why you believe an infringement of your intellectual property has occurred;
- A description of where the material that you claim is infringing is located on an Autobytel Website, including the URL of the page on which it appears; and
- Your address, telephone number and e-mail address.
Your written notice should be sent to Autobytel at the following address:
18872 MacArthur Blvd., Suite 200
Irvine, California 92612-1400
Attention: Legal Department
Submissions of User Generated Content
Autobytel respects the intellectual property of others and cooperates with all law enforcement authorities and complies with any governmental or judicial requests or orders requesting or directing Autobytel to disclose any information we have about the identity of anyone uploading, downloading, or posting materials, or otherwise using an Autobytel Website in violation of any applicable federal, state, or local laws. By making a submission of User-Generated Content, you agree and represent that such User-Generated Contents was originated by you and is accurate and that you own all right, title and interest in the User Generated Content. You may be required to provide documentation in a form acceptable to Autobytel evidencing such rights. You also agree that your User-Generated Content : (i) does not violate, and its use will not violate, the rights of any third party including any right of publicity, right of privacy or any other proprietary right of another; (ii) does not violate, and its use will not violate, any applicable federal, state or local law , rule or regulation; (iii) is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity or give rise to civil or criminal liability,; (iv) does not promote any activities that may appear unsafe or dangerous; (v) does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of the foregoing); (vi) does not post advertisements or solicitations of or for any business or commercial activity; (vii) does not contain copyrighted materials or trademarks, logos, or trade dress owned by others; and (viii) does not contain materials embodying the names, likenesses, voices, or other indicia identifying any person including, without limitation, celebrities and/or other public or private figures (or using look-alikes of the same), living or dead.
You agree not to: (i) use an Autobytel Website, the Content (including, without limitation, User Generated Content), or any products or services included on or available through the Autobytel Websites for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying the Autobytel Websites, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the Autobytel Websites are able to type, hacking or defacing any portion of an Autobytel Website, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of an Autobytel Website or any Content on an Autobytel Website. You agree not to solicit, for commercial purposes, any users of an Autobytel Website with respect to their User Generated Content.
ALL CONTENT OR INFORMATION PROVIDED ON AUTOBYTEL WEBSITES IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN AUTOBYTEL AND YOU. IF YOU RELY ON AN AUTOBYTEL WEBSITE OR ANY CONTENT, INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH AN AUTOBYTEL WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, ERRORS AND/OR OTHER PROBLEMS WITH THE CONTENT, INFORMATION, PRODUCTS, AND SERVICES DISPLAYED ON OR PROMOTED OVER THE AUTOBYTEL WEBSITES. AUTOBYTEL WEBSITES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED. NEITHER AUTOBYTEL NOR ITS AFFILIATES, AGENTS AND LICENSORS, REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR INFORMATION AVAILABLE THROUGH THE AUTOBYTEL WEBSITES (OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH AN AUTOBYTEL WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE AUTOBYTEL WEBSITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT AN AUTOBYTEL WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUTOBYTEL AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO AN AUTOBYTEL WEBSITE BY YOU OR ANY OTHER THIRD PARTY.
UNDER NO CIRCUMSTANCES WILL AUTOBYTEL OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF ANY AUTOBYTEL WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON AN AUTOBYTEL WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF AUTOBYTEL AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO AN AUTOBYTEL WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE AUTOBYTEL WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS AUTOBYTEL, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, SUPPLIERS AND LICENSORS AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY CONTENT YOU PLACE ON ANY AUTOBYTEL SITE.
No Unlawful or Prohibited Use
As a condition of your use of any Autobytel Website, you warrant to Autobytel that you will not use any Autobytel Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Any rights not expressly granted by Autobytel herein are reserved by Autobytel.