Motorize Services Agreement
Welcome to Motorize. Motorize provides technology solutions and services to enable auto dealers it partners with ("Auto Dealers") to offer you, the consumer, the ability to preview, seek financing for and arrange for the lease or purchase of new and used cars through Auto Dealer websites powered by Motorize. We believe that you'll find the services we offer provide you with easy, efficient online tools to help facilitate many of the steps necessary to purchase or lease an automobile (the "Services"). The terms and conditions of this Services Agreement govern your use of the Services.
Changes to this Agreement
We may make changes to this Services Agreement from time to time in our sole discretion, by updating this page, which may be accessed by you by clicking on the Terms and Conditions hypertext link located at the bottom of the Motorize.com website. Your continued use of the Services following the posting of a new version of the Services Agreement constitutes your acceptance of any such changes. Accordingly, whenever you use the Services you should check to see if a new version of the Services Agreement has been posted.
The Motorize.com website is operated, and the Services are offered, by us from our offices in the United States. The Services are directed to adults in the United States and are not intended for children. We make no representation that the Services are appropriate or available for use in locations outside the United States.
Auto Leasing/Purchasing Process
The Services offered by Motorize provide consumers, as potential buyers, with the online tools to find the vehicle they wish to lease or purchase at a no-haggle price, including the ability to take advantage of money saving incentives, compelling product offers, and competitive financing options. Similarly, the Services provide Auto Dealers, as sellers, the ability to offer consumers online access to the Auto Dealer's vehicle inventory and a unique online process that facilitates many of the steps necessary to complete a vehicle lease or purchase. In helping facilitate the auto buying/leasing experience, one of Motorize's goals is to provide consumers with up to date, accurate information regarding vehicles, incentives, financing and product and insurance options available from Auto Dealers who use the Services, however, it is possible that some inaccuracies in the information presented through the Services may occasionally occur. Information about, and photographs of, vehicles and related finance and insurance products and services made available through the Services are provided by Auto Dealers and other third party service providers. While Motorize makes commercially reasonable efforts to ensure that the description of features listed for particular vehicles and related finance and insurance products and services are accurate, we cannot guarantee their accuracy. Images of vehicles represented through the Services, including their color and general appearance, may appear differently based on your monitor and color settings. For this reason, if you have any questions or concerns about vehicle features, color or appearance, we encourage you to contact the Auto Dealer location where a vehicle is located to confirm the accuracy of the contents available through the Services in order to help you make a more informed decision. Pricing and specifications, as well as the terms of manufacturer guarantees and warranties, for vehicles and related financing and insurance products displayed on the Services may change from time to time at the sole discretion of the Auto Dealer offering the vehicles for sale. While many facets of a lease or purchase can be facilitated online using the Services, no lease or purchase is complete until all necessary Auto Dealer paperwork is signed by the consumer and the Auto Dealer. As such, no detail, price or condition of any vehicle and or related products, finance or insurance arranged for purchase through the Services is final and confirmed until definitive purchase documentation is validly prepared, reviewed and executed by you and the applicable Auto Dealer seller.
Disclaimer with Respect to Content
A variety of information, comments, text, photographs, graphics, software, music, sound, video of various forms, data, and other materials ("Content") is available through the Services. Some of the Content is provided by Motorize, Auto Dealers or other third party content providers, and other Content is generated by users of the Services, such as user opinions, reviews or commentary provided through posts to blogs, message boards or forums and other user uploaded content ("UGC"). While Motorize works to keep Content that we post through the Services accurate, complete and up-to-date, Motorize cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Motorize, Auto Dealers or other third party vendors, or by users of the Services. Any Content, including UGC, any videos, opinions, advice, statements or other information expressed or made available by users or third parties, including but not limited to bloggers, are those of the respective provider, user or other third party and not of Motorize. Motorize does not in any way endorse and is not responsible for the accuracy or reliability of any Content, including UGC, any opinion, advice or statement, posted through on the Services.
Motorize does not have any obligation to, nor does it make any representation that it will, prescreen, edit, or remove any UGC or other Content that is posted on or available through the Services. Notwithstanding the foregoing, Motorize reserves the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any UGC or any other Content from the Services.
THE CONTENT AVAILABLE THROUGH THE SERVICES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER MOTORIZE NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING ANY PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY FOR GENERAL ENTERTAINMENT AND EDUCATIONAL PURPOSES (AS APPROPRIATE).
IN ADDITION, NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREIN, YOU UNDERSTAND THAT THERE IS NO LEGALLY BINDING OBLIGATION TO LEASE AND/OR PURCHASE ANY VEHICLE, PRODUCTS OR SERVICES CREATED BY YOUR USE OF THE SERVICES AND ANY SUCH OBLIGATION IS SUBJECT TO THE TERMS AND CONDITIONS OF A SPECIFIC WRITTEN AGREEMENT BETWEEN YOU, AN AUTO DEALER AND/OR OTHER THIRD PARTY PROVIDER(S).
Ownership and Intellectual Property Rights
The Motorize website, and the Services, are owned by Motorize. All right to, title to, and interest in the content available through the Services, the Site's look and feel, the designs, trademarks, service marks, and trade names displayed on the Site, and the Site URLs, are the property of Motorize, Auto Dealers or their respective third party licensors, as appropriate, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws. You must contact Motorize to request permission to use content for commercial or non-commercial purposes.
License to Use Content
You may use the Motorize website and the content available through the Services only for personal, non-commercial purposes. You may not use any content available on the Motorize website and through the Services in a manner that exceeds the rights granted for your use of the content. You may not use any data mining, robots, or similar data gathering and extraction tools on the content, frame any portion of the Motorize website or content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the content without our prior written consent; provided that, vehicle information and the online credit application may be printed for your non-commercial, personal use only. You may not circumvent any mechanisms included in the content for preventing the unauthorized reproduction or distribution of the content.
All trademarks, service marks, logos and designs used on this Site, whether registered or unregistered, are owned by Motorize, Auto Dealers, Motorize's content providers or other third parties. You may not use or display any trademarks, service marks, logos or designs appearing on the Site without the prior written permission of the applicable trademark owner.
Reservation of Rights
Any and all rights not expressly granted to you in this Services Agreement are hereby reserved by Motorize.
Your Contact With Auto Dealers or Other Third Parties
While the Services facilitate many of the steps necessary to complete a vehicle lease or purchase by providing several unique online tools, the final, binding sale of a vehicle may only be completed according to the specific practices of a licensed Auto Dealer. As such, notwithstanding any language to the contrary herein, no binding obligation is created by your use of the Services and any lease or purchase will be subject to and dependent on a final written agreement between you and the licensed Auto Dealer.
MOTORIZE MAKES NO GUARANTEES WITH RESPECT TO PRICING OR AVAILABILITY OF VEHICLES AND RELATED FINANCING PRODUCTS AND SERVICES. FINAL PRICING AND AVAILABILITY OF VEHICLES AND RELATED FINANCING PRODUCTS AND SERVICES IS DEPENDENT ON A DEFINITIVE WRITTEN AGREEMENT BETWEEN YOU, AUTO DEALERS AND OTHER THIRD PARTY PROVIDERS.
Your correspondence or business dealings with, or participation in promotions of, Auto Dealers or other third parties found on or through the Services, including payment and delivery of related goods or services (including delivery of a purchased or leased vehicle), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Auto Dealer or other third party. Motorize does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such Auto Dealers or third parties or any items or services that may be obtained from such third parties, and you agree that Motorize shall 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 Auto Dealers or other third parties on the Services.
Motorize may provide, or third parties may provide, links to other websites or resources via the Services. Because Motorize has no control over such sites and resources, you acknowledge and agree that Motorize is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Motorize shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE MOTORIZE WEBSITE, THE SERVICES AND ALL PRODUCTS AND SERVICES OFFERED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOTORIZE, AUTO DEALERS, AND THEIR RESPECTIVE AFFILIATES, SUPPLIERS AND LICENSORS, EXPRESSLY DISCLAIM ALL REPRESENATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
MOTORIZE, AUTO DEALERS, AND THEIR RESPECTIVE AFFILIATES, SUPPLIERS AND LICENSORS, DO NOT MAKE ANY WARRANTY THAT THE SITE, THE SERVICES, OR THE PRODUCTS AND SERVICES OFFERED THEREIN WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES OR SUCH PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. MOTORIZE, AUTO DEALERS, AND THEIR RESPECTIVE AFFILIATES, SUPPLIERS AND LICENSORS, MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE SERVICES OR SUCH PRODUCTS AND SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
Limitation of Liability
MOTORIZE, AUTO DEALERS, AND THEIR RESPECTIVE AFFILIATES, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS AND LICENSORS (THE "MOTORIZE PARTIES") ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE THROUGH THE SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT THE MOTORIZE PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SERVICES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF THE MOTORIZE PARTIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID TO US, IF ANY, TO USE THE SERVICES DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
THE MOTORIZE PARTIES SHALL NOT BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE MOTORIZE PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE MOTORIZE PARTIES SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless the Motorize Parties from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorney's fees and expert witness fees) directly or indirectly related to your breach of the terms of this Services Agreement or any other policy or terms of the Motorize website.
If you choose to register with Motorize, you are responsible for maintaining the confidentiality of any passwords associated with your Motorize account (and any Services you register to use), monitoring all activity under such account(s), and assume full responsibility for all activities that occur under your account(s).
Modification or Suspension of the Services
Motorize may at any time modify, discontinue, or suspend its operation of the Motorize website, the Services, or any part thereof, or any site it controls or owns, temporarily or permanently, without notice to you.
Your right to use the Services automatically terminates if you violate the terms of this Services Agreement or any rules or guidelines posted in connection with the Services. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Services, for any reason, with or without notice.
Integration and Severability
The terms of this Services Agreement and any supplemental terms, policies, rules and guidelines posted on the Motorize website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the terms of this Services Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Services Agreement shall continue in full force and effect.
You agree that the laws of the state of Maryland govern this contract and any claim or dispute that you may have against us, without regard to Maryland's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the City of Baltimore, Maryland and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THE TERMS OF THIS SERVICES AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF MARYLAND OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF MARYLAND FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS; AND (4) EXPRESSLY WAIVING ANY RIGHT TO TRIAL BY JURY IN ANY SUCH DISPUTES OR CLAIMS.
Last updated: February 21, 2013