Terms of Use

1. Introductions and Definitions

Welcome to our website! We have created this site with you, the customer, in mind. Our website contains many useful features and information to assist you in your vehicle search and purchase. We do have rules though, and we want you to understand the rules so we can each set our expectations. Please take a few moments to review this information carefully. The Terms of Use along with our Privacy Policy explain how we provide the Services, collect, hold, and process your information, and govern your access to and use of the Services, including any content, functionality and services offered on or through the Website. Your use of this website is subject to these Terms of Use and you agree that you have read, understand and will comply with them as a condition to your use of the website If you do not want to agree to these Terms of Use or the Privacy Policy, you may not use the Services.

These terms and conditions, along with any documents incorporated by reference (collectively, “Terms of Use”) govern your use of and access to the Services, including the Real Car Sales website and any related account and servicing portal(s) (the “Website”). In these Terms of Use, the following terms have specified meanings:

“You” and “your” means the person giving consent, and each additional account owner, authorized signer, representative, and/or user identified on any product, service, or account that you download, request, administer, use, or access from or with us.

“Services” refers to any product or service made available through or by Us.

PLEASE NOTE THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT THAT GOVERNS HOW CLAIMS BETWEEN YOU AND US CAN BE BROUGHT (SEE SECTION 17 BELOW). THIS MEANS THAT DISPUTES BETWEEN YOU AND US MUST BE HANDLED BY INDIVIDUAL ARBITRATION IF YOU OR WE ELECT, AND THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, USE A JURY, OR BE PART OF A CLASS ACTION. YOU CAN OPT OUT OF THIS, AS SPECIFIED IN SECTION 17.

2. Accessing and Using the Services

a. We designed our Website with the intent of providing the auto industry’s best customer experience. This includes providing you with updated information. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present. Additionally, while some photographs of automobiles found on the Website are photographs of the actual vehicles their color and general appearance may appear differently based on your monitor and color settings. In addition, at times only stock photos of the vehicles are available. We reserve the right to correct any pricing errors or an incorrect statement of accessories on a particular vehicle, change product pricing and specifications, as well as the terms of our guarantees and warranties without notice.

b. To access certain portions of the Website and Services, You may be asked to provide certain details or other information and create a user account, with a username and password. We may set standards for your username and password. It is a condition of your use of the Website and Services that all the information You provide is correct, current and complete. You agree to update your contact information with us, including your email address, through the account settings on the Website, or in any other manner as we may reasonably require. We may require security and authentication procedures for access and additional authentication controls for certain transactions. It is your responsibility to protect your username and password. If a password is created, we recommend that you change it regularly, and select a unique username and password combination for use only with the Website and Services. You must notify Us immediately if you suspect fraudulent activity on your account, or the Services.

c. These Terms of Use will be in effect from the date You agree, and at all times while you are accessing the Services. Either you or we can terminate these Terms of Use at any time and without notice, though certain terms and obligations (as described in certain sections) may survive the termination of the Terms of Use.

d. Our Services may not be available in all states.

3. Prohibited Uses

a. You may use the Website and the Services only in accordance with these Terms of Use, and any other agreements between you and Us. You agree not to use the Website or the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation; to impersonate or attempt to impersonate us, one of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Services, or which, as determined by us, may harm Us or users of the Website or the Services or expose them to liability.

b. Additionally, you agree not to use the Website or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or the Services, including their ability to engage in real time activities through the Website or the Services; use any robot, spider or other automatic device, process or means to access the Website or the Services for any purpose, including monitoring or copying any of the material on the Website or the Services; use any manual process to monitor or copy any of the material on the Website or the Services or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of the Website or the Services; introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer database connected to the Website or the Services; and otherwise attempt to interfere with the proper working of the Website or the Services. Should you use the Website or the Services to commit a criminal offense, we may disclose information about the user, including the user’s identity and other personal information, to law enforcement authorities and immediately suspend or terminate the user’s right to use the Website and the Services.

c. You will not and will not permit any third party to: (i) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Website or Services or any part thereof or otherwise attempt to discover any source code or modify the Services in any manner or form unless expressly allowed; (ii) access or use the Website or the Services to circumvent or exceed account limitations or requirements; (iii) use the Website or the Services for the purpose of building a similar or competitive product or service, (iv) obtain unauthorized access to the Services (including without limitation permitting access to or use of the Website or the Services via another system or tool, the primary effect of which is to enable input of requests or transactions by other than authorized users); (v) use the Website or the Services in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights; (vi) publish, post, upload or otherwise transmit data that contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; or (vii) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark the Website or the Services.

d. In the event you violate or attempt to violate any part of these Terms of Use, we reserve the right to terminate your access to the Website immediately, at our sole discretion, with or without notice of any kind. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this website.

4. Intellectual Property Ownership and Proprietary Rights

All information contained in this website, unless otherwise stated, is owned solely and exclusively by Real Car Sales and intended for personal and consumer use only. You acknowledge and agree that all contents and materials available on this website are the property of Real Car Sales or its third party licensors and is protected by copyright, trademark, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, We have not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial, analytical, or research purposes) without the express written consent of Real Car Sales; however, vehicle information and the online credit application may be printed for your non-commercial, personal use only. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this website. You may not use any meta tags or any other “hidden text” utilizing Real Car Sales ‘s name or trademarks. Any activity that unduly burdens the system or Real Car Sales resources, such as submitting multiple trade appraisal inquiries for the same vehicle, submitting multiple inquiries for different vehicles or other activity that is inconsistent with the stated use, spirit and purpose of the Real Car Sales website and trade appraisal service, is strictly prohibited. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website is strictly prohibited.

If you are utilizing trade appraisal tools you acknowledge that trade appraisals that are generated using our trade appraisal tool are solely and exclusively for individuals seeking to sell vehicles to Us that they personally own, and cannot be used by third parties to generate data or gather information such as for the purpose of developing a competing trade appraisal service, making an offer directly to a consumer or for such person or entity to act as an intermediary for any third party or individual seeking to sell their vehicle. Trade appraisals generated by the website cannot be modified by any third party or individual.

You must not modify copies of any materials from or related to the Website; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from or related to the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us.

This website contains several names, logos and marks, including but not limited to, the Real Car Sales name and Wayfinder logo, which are registered trademarks or service marks of Real Car Sales. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible. INFORMATION ON COPYRIGHT INFRINGEMENT .

5. Electronic Communications

a. By using the Website and/or the Services, you acknowledge and agree that you are contracting with Us electronically, and that we may provide you with any and all notices and disclosures in electronic format (e.g., via email or Website). Any notice, disclosure, agreement, acknowledgement, form, consent, statement, policy, record, document, preference, privacy policy, or other information we provide to you, or that you submit, agree to, or sign at our request (each, a “Communication”) will be provided in electronic form and will be provided either: (1) via e-mail or text message, (2) via your account, or (3) via the Website. You have the option to view, save, or print PDF versions of your account documents. You may download and store such Communications and agree that we may make retention copies of Communications.

b. You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, messaging via your account, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to deliver messages relating to this Agreement, your account, and your relationship with Us more generally (for example, messages about our other products and service offerings, upcoming payment due dates, missed payments and returned payments), and as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. You agree that we may use any email address or telephone number you provide as set forth here, now or in the future, including mobile phone numbers. You also agree that we may monitor and record calls regarding your account to ensure the quality of our service or for other reasons. By entering a mobile phone number, you certify that this is your number or that you have the authority to provide this number for contact. The account texts we send may be seen by anyone with access to your phone, and you should safeguard the confidentiality of your devices. You understand that telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else and that these messages may also be recorded by your answering machine. You also authorize Us to deliver messages to you via mail or email at any addresses you supply to them or that they obtain through any legal means to us. If any telephone number you have provided to Us changes, or if you cease to be the owner, subscriber or primary user of any such telephone number, you agree to immediately give Us notice of such facts so that we may update our records.

c. Your consent to autodialed and prerecorded calls and text messages is not a condition of purchase of any good or service from us. You may revoke your consent to receive autodialed calls, text messages and/or calls that deliver a prerecorded or artificial voice message to your cellular telephone number by: writing to us at: Real Car Sales, Attn: Legal Department, 5293 S Orange Blossom Trl, Orlando, Fl 32839; emailing us at: privacy@realcarorlando.com ; or, for text messages only, by replying to any text message that the we send to you with only the word “STOP.”

d. We do not charge a fee to receive messages. Message & data rates may apply– this can be checked with your mobile service provider. Charges are billed and payable to your mobile service provider or deducted from your prepaid account.

e. Data obtained from you in connection with this MMS/SMS service may include your cell phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us. Those communications include but are not limited to communications on matters such as vehicle safety, recalls, our services, sales and promotional offers, or any other communications from Us. Alerts sent via MMS/SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless carrier may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. The wireless carrier does not guarantee that alerts will be delivered and will not be held liable for delayed or undelivered messages. We will not be liable for any delays in the receipt of any MMS/SMS messages as delivery is subject to effective transmission from your network operator.

f. We may communicate with you at the phone number you provide (or any device connected to it) by way of calls, messages, emails, texts, voicemails, or any other type of communication receivable on my device. We can use live operators, automated telephone dialing systems, prerecorded voice messages, or any other technologies to communicate with you at that number. Your consent to use of automated dialing systems or technologies to make vehicle related sales and service calls is not a condition of purchase and you may opt-out at any time. For information on data collection and use, or how to opt out, please read our full corporate Privacy Policy .

g. You acknowledge and agree that We may receive, save, monitor and/or record any communications, including e-mails, text messages, written chats and telephone calls between you and Us.

h. The service is available on these US carriers only: Verizon Wireless, Sprint, Nextel , Boost, T-Mobile®, AT&T, Alltel, ACS Wireless, Bluegrass Cellular, Carolina West Wireless, CellCom, Cellular One of East Central Illinois (ECIT), Cincinnati Bell, Cricket, C-Spire Wireless, Duet IP (AKA Max/Benton/Albandy), Element Mobile, Epic Touch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular (IVC), Inland Cellular, iWireless, Keystone Wireless (Immix/PC Management), MetroPCS, MobiPCS, Mosaic, MTPCS/Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Pioneer, Plateau, Revol Wireless, Rina-Custer, Rina-All West, Rina- Cambridge Telecom Coop, Rina-Eagle Valley Comm, Rina-Farmers Mutual Telephone Co, Rina-Nucla Nutria Telephone Co, Rina- Silver Star, Rina- South Central Comm, Rina- Syringa, Rina- UBET, Rina- Manti, Simmetry, South Canaan/CellularOne of NEPA, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, West Central Wireless (includes Five Star Wireless).

i. You can unsubscribe from this service at any time by texting ‘STOP’ to (689) 698-3876

j. If you have any questions, text HELP or contact Us at (689) 698-3876

6. Disclaimer of Warranties

a. You understand that we cannot and do not guarantee or warrant that the Website or Services will be free of viruses or other destructive code.

b. YOUR USE OF THE WEBSITE, ITS CONTENT AND THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. . YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE WEBSITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Privacy Policy

We are committed to protecting your privacy. All information you submit to Us through the Website or when using the Services is governed by our Privacy Policy and remains our property. We may use any information you submit for any purpose we deem appropriate in accordance with applicable law and our Privacy Policy. We maintain strict physical, electronic and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you only to our employees who need to know the information to respond to your request or inquiry.

8. Minors

In compliance with the Children’s Online Privacy Protection Act and other applicable laws relating to minors, we do not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors as defined by applicable law. If we determine that a user is a minor under the applicable law and has submitted information by way of our Website without parental or legal guardian’s consent, we will immediately delete such information.

9. Incentives Offered by Manufacturers

Rebates and other incentives provided by vehicle manufacturers or their respective captive financing companies are subject to the terms specified by such entity. These terms include, among others, the particular vehicle or trim/model eligible for the incentive, timeframe of the offer and limitations on quantities and/or combinations with other offers. Please always contact Us for details on available incentives.

10. Third Party Content and Links to Third Party Websites

a. We do not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third party through the Website. If you use any product or service offered by a third party in conjunction with the Website, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of the third party product or service; (ii) we do not control the third party or its product or service; (iii) your use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or omissions, of the third party. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance. This may include, but is not limited to, damages that are direct, indirect, special, or consequential.

b. If the Website contains links to or accepts links from other sites and resources provided by third parties, these are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any such third party resources, you do so entirely at your own risk and subject to the terms and conditions and privacy policies of use for such websites. Any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource. The inclusion of any link does not imply endorsement of the site, its contents, and/or any products or services offered by the owner(s) of the site.

11. Legal Disputes and Choice of Law

If there is a legal dispute of any kind about or arising out of the use of this website, the laws of the State of Florida will govern such dispute without regard to its conflict of laws rules. You agree that if any part of these terms and conditions is found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect. By using this website you expressly agree and irrevocably submit to personal jurisdiction and exclusive venue in the state and federal courts located in the City of Ft. Lauderdale, Florida with respect to any non arbitrable claims, or in the event you opt out of arbitration as provided below.

12. Indemnification

To fullest extent permitted by law, you agree to defend, indemnify and hold harmless Us and our affiliates and licensors, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to, a third-party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other content or materials you submit to us, any fraud, manipulation, or other violation of these Terms of Use, your violation of any other applicable laws or rights of a third party, including but not limited to rights of privacy, publicity or other property rights, or any use of the Website or Services, and its content and products, other than as expressly authorized in these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

13. Reservation of Rights

Any and all rights not expressly granted to you by these Terms of Use are hereby reserved by Us. The Website is intended for use only by citizens of the United States of America (excluding unincorporated territories, Puerto Rico and Guam), eighteen (18) years of age or older, who have the capacity to enter into a valid contract; by accessing the Website, you represent and affirm that you meet these requirements. We reserve the right to amend any part of this website at any time without notice and without incurring any obligation unless prohibited by applicable law. We will provide you all notices as required by law in the event of such change. We encourage you to periodically review these Terms and Conditions for updates.

14. Limitation of Liability

IN NO EVENT WILL WE OR OUR LICENSORS, OR OUR EMPLOYEES, AGENTS, AFFILIATES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE OR SERVICES, ANY WEBSITES LINKED TO THE WEBSITE OR SERVICES, OR ANY CONTENT ON ANY SERVICES OR ITEMS OBTAINED THROUGH SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Required California Disclosure: CA Supply Chain Transparency

Real Car Sales recognizes the serious nature of the crimes of human trafficking and slavery. Real Car Sales has taken and will take every reasonable effort to ensure that its supply chain is free of products that are tainted by human trafficking. Through its Manufacturer Relations Department, Real Car Sales routinely meets with and engages representatives from the new vehicle manufacturer makes it represents. Among the important issues discussed with said representatives is the need to implement and maintain appropriate controls to ensure that these manufacturers avoid any issues of human trafficking and slavery in their manufacturing process. We have been assured by said manufacturer representatives that they have such controls in place. Real Car Sales is currently working on developing an appropriate and satisfactory protocol by which it can audit or, at a minimum, have said manufacturers re-certify on a regular basis, their continued adherence to and maintenance of, programs and policies designed to avoid any human trafficking or slavery in the manufacture of their vehicles and parts. With respect to the used vehicles sold by Real Car Sales, and all replacement parts acquired by Real Car Sales in its repair and reconditioning process that are purchased from other retailers, Real Car Sales believes that it has taken all necessary steps to audit and reasonably mitigate the risk that its products are tainted by the crimes of human trafficking and slavery.

16. Procedure for Alleging Copyright Infringement

1.DMCA Notice

Real Car Sales will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via this website, then you may send Us a written notice that includes all of the following:

· A legend or subject line that says: “DMCA Copyright Infringement Notice”; A description of the copyrighted work that you claim has been infringed or, If multiple copyrighted works are covered by a single notification, a representative list of such works.

· A description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the website on which the material appears); your full name, address, telephone number, and e-mail address.

· A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

· A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,

· Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//“, which will serve as your electronic signature.

Real Car Sales will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:

By Mail:
Real Auto Sales LLC.
5293 S Orange Blossom Trl,
Orlando, Fl 32839
Attn: Legal Department

By E-Mail:
corporatelegal@realcarorlando.com

It is often difficult to determine if your copyright has been infringed. Real Car Sales may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Real Car Sales may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Real Car Sales’s other rights, Real Car Sales may, in appropriate circumstances, terminate a repeat infringer’s access to this website and any other website owned or operated by Real Car Sales.

2.DMCA Counter Notification

If access on the Website to a work that you submitted to Real Car Sales is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

· A legend or subject line that says: “DMCA Counter-Notification”.

· A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the website from which the material was removed or access to it disabled).

· A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

· Your full name, address, telephone number, e-mail address, and the username of your account.

· A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of Florida), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person.

· Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//“, which will serve as your electronic signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

17. Dispute Resolution; Arbitration Agreement and Class Action Waiver

This section constitutes the arbitration agreement between you and us (“Arbitration Agreement”) and includes a jury trial waiver and a class action waiver. This means that if a dispute is arbitrated, you are giving up your right to go to court to assert or defend your rights under these Terms of Service. You are also giving up your right to bring or participate in a class action in court or in class-wide arbitration. This section governs disputes arising from or related to these Terms of Use, your use of the Services, your access to and use of the Website and any transactions or relationships resulting from any of the foregoing (the “Covered Disputes”). A dispute is generally any unresolved disagreement between or among you and us, and all such matters will be decided by arbitration. The term Covered Disputes shall be broadly interpreted and includes initial claims, counterclaims, cross-claims and third-party claims, and disputes based upon contract, negligence, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity. However, any dispute concerning the validity or enforceability of this Arbitration Agreement or the arbitrability of any claim or dispute is not a Covered Dispute and shall be for the court, not an arbitrator, to decide; whereas, any dispute concerning these Terms of Service as a whole is for the arbitrator, not a court, to decide.

For purposes of this Arbitration Agreement, the terms “we,” “us” and “our” also include our officers, directors, employees, agents, affiliates, successors, and assigns.

a. Dispute Resolution Without Courts, Judges, or Juries. You and we agree that upon demand by either you or us, regardless of when they arose, any Covered Disputes between you and us will be resolved by the arbitration process outlined in this section. This means:

You and we are choosing arbitration rather than litigation to resolve disputes.
You and we are each waiving the right to a jury trial or a trial before a judge in a public court (except for small claims court).

b. Binding Arbitration. Binding arbitration lets a neutral and independent third party (the “arbitrator”) resolve a Covered Dispute instead of the court system, judges or juries. In the arbitration of a Covered Dispute, that neither you nor we will be entitled to:

Join or combine Covered Disputes with those of others in any arbitration; or
Serve as a representative or member of a class in any arbitration;

Moreover, the information that can be obtained in discovery from each other or from third persons in arbitration is generally more limited than in a lawsuit. Other rights that the parties might have in court may not be available in arbitration.

c. Arbitration Procedures. Each arbitration, at the claimant’s election, will be administered by and under the rules of the American Arbitration Association (“AAA”), https://www.adr.org. If AAA is unable to serve and the parties cannot agree on a substitute, a court with jurisdiction shall select the arbitrator. A single arbitrator shall be appointed in accordance with the administrator’s rules. The arbitrator must be a member of the state bar where the arbitration is held with more than 10 years of experience or a retired judge and must have expertise in the substantive laws applicable to the subject matter of the Covered Dispute.

The arbitrator shall apply applicable substantive law in deciding the dispute. The arbitrator may award any relief available in court on an individual claim consistent with the constitutional standards applicable in judicial proceedings. At the request of any party, the arbitrator shall write a brief explanation of the basis of his or her award. If you demand arbitration first, you will pay the claimant’s initial arbitration filing fees or case management fees required by the applicable rules up to $250, and we will pay or reimburse you for any additional initial filing fee or case management fee. We will pay the entirety of the filing fees and/or case management fees if we demand arbitration first. We shall pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours. The arbitrator shall decide who shall pay any additional costs and fees. You may ask the applicable arbitration administrator to reduce or waive your fees, or ask us to voluntarily pay an additional share of said fees, based upon your financial circumstances or the nature of your claim. We will always pay any costs and fees required by applicable law or that are necessary to enforce this Arbitration Agreement.

Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim or dispute (i.e., the party seeking money damages or other relief) is responsible for starting the arbitration proceeding. Thus, if you assert a claim against us in court, and we elect to arbitrate that claim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.

You and we each acknowledge and agree that in this relationship:

You and we are participating in transactions involving interstate commerce.
Any and all claims, controversies, or disputes arising out of or related in any way to these Terms of Service, your use of the Services, your access to and use of the Website and any transactions or relationships resulting from any of the foregoing shall be subject to binding arbitration pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., at the election of you or us.
THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU OR US TO SERVE AS A REPRESENTATIVE OR MEMBER OF A CLASS, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.

d. Small Claims Not Affected. Notwithstanding anything to the contrary in this section, this Arbitration Agreement does not affect your or our right to pursue disputes in small claims court (or your state’s equivalent court) in the state where you reside if the court has jurisdiction over the dispute and the dispute remains in that court. However, if the dispute is transferred, removed or appealed to a different court, it shall be subject to arbitration.

e. Opt-out Right. You have the right to opt out of the provisions of this Arbitration Agreement by sending to us in writing your name and address, account number (if any), and notice of your decision to opt out to privacy@realcarorlando.com ; or to the following address: Real Car Sales, Attn: Legal Department 200 SW 1st Ave, Suite 1400, Ft. Lauderdale, FI 33301, within 30 days of entering into these Terms of Service. If you send this notice, then this Arbitration Agreement will not apply to either party, but the remaining parts of these Terms of Service will continue to apply. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.

f. Appeal. The arbitrator’s award will be final and binding, except for any right of appeal provided by the FAA. However, if the amount of the dispute is more than $25,000, any party will have 30 days to appeal the award by notifying the arbitration administrator and all parties in writing. The administrator will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court with jurisdiction. An arbitration award and any judgment confirming it cannot be used in any case or arbitration except to enforce the award.

g. Severability. If any provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed from this Arbitration Agreement and the remainder of the Arbitration Agreement will be given full force and effect, except that: (i) if any provision dealing with class action, class arbitration, or consolidation is found to be illegal or unenforceable and all appeals from that ruling have been exhausted, then this entire Arbitration Agreement (except for this sentence) will be severed and the remaining provisions of these Terms of Service shall be given full force and effect, and (ii) if a claim is brought seeking public injunctive relief and a court determines that this Arbitration Agreement is unenforceable with respect to such claim and all appeals from that ruling have been exhausted, the public injunctive relief claim will be severed and stayed in court until the completion of any individual arbitration of any claims seeking monetary relief.

h. Miscellaneous. You and we each agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings. You can participate without representation or may choose to be represented by an attorney or other authorized representative, unless that choice is prohibited by applicable law.

Arbitration fees shall be determined by the rules or procedures of the arbitration administrator, unless limited by applicable law. The arbitrator may award reasonable expenses and attorneys’ fees to the prevailing party if allowed by statute or applicable law.

The arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgment on the pleadings, summary judgment, or partial summary judgment.

All parties (the arbitrator(s), you and we) agree to make best efforts to ensure that an arbitration proceeding as described in this Arbitration Agreement is completed within 180 days of filing the Covered Dispute. You and we agree not to disclose the existence, content, or results of the arbitration, except for disclosures of information required in the ordinary course of business or permitted by applicable law or regulation. The arbitration shall take place in the federal district of your residence, at a location determined by the arbitrator. All statutes of limitations and rules of privilege that apply to any Covered Disputes apply to any arbitration between you and us.

This Arbitration Agreement constitutes the entire agreement between you and us and supersedes all prior arrangements and other communications about dispute resolution. The provisions of this Arbitration Agreement will survive termination, amendment, or expiration of your account with us, these Terms of Service, any other relationship between you and us and any bankruptcy by you (if permitted by applicable bankruptcy law).

No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Agreement.

If there are differences between this Arbitration Agreement and the rules of any arbitration administrator or other provisions in these Terms of Service, this Arbitration Agreement will control.

18. Contact Us

If you have any questions about these Terms of Service, or have any other feedback, comments, requests for technical support and other communications relating to the Website, we invite you to contact Us at privacy@realcarorlando.com ; and we will do our best to respond promptly and to try to resolve any issue.

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