II. Disputes and Jurisdiction
TheCarWiz, is based in the United States and is not designed, customized or intended for, or directed to, any other country. All users are personally responsible for compliance with local laws. We make no representation, warranty or guarantee that the Service, or any merchandise, products, services, and/or Content available on or through the Service are
appropriate, available, or legal in any particular geographic location.
By using the service, you hereby agree that in the case of any type of dispute your sole remedy is to cease using the service. You further agree that in the event of a dispute you will first contact us and make a good faith sustained effort to resolve the dispute before taking any legal action. In the case of a dispute that cannot be solved you hereby agree to settle the matter through binding arbitration using the American Arbitration Association.
Additionally, by using the service you agree that all legal disputes between you and TheCarWiz, shall be governed and construed in accordance with the laws of Nevada, without regard to any principles of conflict of laws, and you agree that if a legal dispute does not go through arbitration it will be resolved exclusively by a state or federal court located in Nevada. You further specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. Should there be a conflict between the laws of Nevada, and any other laws, the conflict will be resolved in favor of the laws of Nevada. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) and shall not include any indirect, punitive, incidental and/or consequential damages. You also agree that should a court of competent jurisdiction find any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.
III. Copyright and Infringement Claims
Users hereby agree to abide by all applicable laws governing copyright infringement and acknowledge that this Agreement governs all content provided to users by TheCarWiz, including text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers.
If you believe your content is being infringed upon or used in any way that could constitute copyright infringement, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed;
C. An address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
D. A written statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law;
Please note that misrepresentations made in a notice claiming infringement is a violation of the digital millennium copyright act and you may be liable for the associated damages (including costs and attorneys' fees).
IV. User Account Information
By registering with TheCarWiz, you hereby agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Service. If any of your Registration Information changes, you must update it promptly by using the mechanism or contact information on the service that allows you to change or update your Registration Information, if available. By using the service, you hereby agree that TheCarWiz, LLC, shall have no liability associated with or arising from your failure to maintain or provide accurate and complete registration information. We are not responsible for verifying any registration information you may provide.
You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service by use of your account/profile and/or Registration Information. You may not access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of anyone else's account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement. You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation purchases and/or registration for additional merchandise, products and/or services, including without limitationContent, that are initiated by use of your Registration Information. If you believe that your account is not secure you hereby agree to notify us immediately.
V. Warranty and Liability Disclaimer
Certain functionalities, features, and content offered through the service may be provided by third parties. We disclaim any and all liability connected to the acts or omissions of these third parties. By accessing this website and/or using the service you hereby acknowledge that you are using the service at your own risk. We hereby expressly disclaim all representations, warranties and guarantees, express or implied, related to information accuracy, reliability, title, merchantability, fitness for a particular purpose, or any other warranty, condition, guarantee or representation made in any form. We shall not be liable to you or any third parties for any direct, indirect, special, consequential, or punitive damages allegedly sustained arising out of the Agreement, the service, or access to the website.
VI. Service Use Restrictions and Requirements
Use of the service by you is subject to the following restrictions and requirements:
A. You shall ensure that your access and use of the service and/or website access does not disturb or interfere with our operation of the service, or impede or interfere with others' access, visitation and/or use of the service.
B. If you provide to us with a phone number or you agree, represent, warrant, and guarantee that such number is registered in your name and owned by you, or that you have permission of the owner(s).
C. You must comply with all applicable laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person or entity, or for an end use, prohibited thereby. Additionally, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and you are not listed on any U.S. Government list of prohibited or restricted parties.
D. The service is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the service.
E. You hereby agree to abide by all applicable copyright, trademark and other intellectual property laws, rules, and regulations. The content that is provided by us, our licensors, vendors and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation, and "look and feel" of the Service, andall advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or service providers.
F. Any content downloaded from the website or provided by the service is subject to the same terms, conditions, limitations and restrictions applicable to all Content provided by us, our licensors, vendors and/or service providers.
G. You agree to use any Content only to the extent expressly authorized for the particular Content, and you may not use such Content in a manner that exceeds such authorization.
I. Without written consent you may not access and/or use anyone else's Registration Information; impersonate, imitate or pretend to be somebody else, by setting up different accounts/profiles or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the service; make any commercial, advertising, promotional, or marketing use of the service and/or Content; authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service by use of your account/profile and/or Registration Information.
J. Without written consent you may not use any bots, macros, scripts, run any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit and/or use the service.
K. Without written consent you may not copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the service.
L. Without written consent you may not copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the service, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content.M. Without written consent you may not attempt to derive any source code or underlying ideas or algorithms of the service.
N. Without written consent you may not hyperlink to the website or any aspect of the service.
O. By using the service you hereby agree to indemnify, defend and hold harmless us, our licensors, vendors, service providers from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys' fees) of any kind which may arise out of or are in any way connected with your access, visitation and/or use of the service.
P. By using the service you consent to receive communications from us in electronic form; and agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us. By granting this consent you also hereby agree that certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the service.
Q. You hereby agree that by providing your phone number, email, address, or any other contact information we, or our authorized representatives, may call and/or send text messages (including by using equipment to automatically dial telephone numbers) about your interest in a purchase, for marketing/sales purposes, or for any other purpose.
R. You hereby agree that the service may contain hyperlinks to websites operated by parties other than TheCarWiz, and that we are not responsible for the content or accessibility.
S. By using the service you agree that the Service may place and/or store code or other types of information and/or devices (e.g., "cookies") on your computer, mobile or other device ("Local Device Storage"). We may use Local Device Storage for any lawful business purpose
T. You hereby agree that you understand that various entities unaffiliated with us which allow you to access, visit and/or use the service via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers. These unaffiliated entities may require that you agree to their terms and conditions of use.Your compliance with these terms and conditions is your sole responsibility and we specifically disclaim any and all liability in connection with the acts or omissions of these
U. You agree that any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
V. You agree that we may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void.
W. You shall not make any attempt to circumvent TheCarWiz, by contacting dealerships or other sellers directly about vehicles you became aware of through the use of the service. Further, you hereby acknowledge that any attempt at circumvention is sufficient grounds for termination of your account and any deposit you have paid will be retained by TheCarWiz, LLC.
X. You agree that any deposit paid to TheCarWiz, will be non-refundable after ninety (90) days with no exceptions.
VII. Termination of Account or Termination of Access to The Service
We reserve the right to terminate your access to the service for any or no reason, with or without notice. If your account or access to the service is terminated we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the service. All provisions of the Agreement shall survive the termination.
By using the service, you hereby agree that any deposit you have paid to TheCarWiz, will be forfeit upon account termination.
VIII. User Privacy
Our servers may automatically collect information about you without limitation, including your online behavior and your computer, mobile or other device. We may receive personally identifiable information and other information about you and your computer, mobile or other device through third party services. We reserve the right to use, transfer, assign, sell, share, and provide access to all personally identifiable information and other information about you and your computer, mobile or other device that we receive through third party services.
We may also use the information to communicate with you about new features, products or services, and/or any other use we deem appropriate. Additionally, we may share information about you and your computer, mobile or other device, including without limitation your Registration Information and other personally identifiable information, with our parent, subsidiaries, affiliates and nonaffiliates for marketing purposes.
By providing information to TheCarWiz, or by using the service, you acknowledge and agree that your information may be transferred to, and maintained on, servers and databases located outside of your jurisdiction. You further acknowledge that while we will take procautions to protect your personal information you understand that we cannot guarantee the security of the information you send to us or the security of our servers, networks or databases, and by using the service you agree to assume all risk in connection with the information sent to us or collected by us when you access, visit and/or use the service, including without limitation your personally identifiable information or other Registration Information, and we are not responsible for any loss of such information or the consequences thereof.
Provisions Subject to Applicable Law. All provisions of this Agreement shall be applicable only to the extent that they do not violate any applicable law, and are intended to be limited to the extent necessary so that they will not render this Agreement invalid, illegal or unenforceable under any applicable law. If any provision of this Agreement or any application thereof shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of other provisions of this Agreement or of any other application of such provision shall in no way be affected thereby.
X. Waiver of Rights
No waiver of a right or remedy hereunder shall be deemed to be a waiver of any other right or remedy or of any subsequent right or remedy of the same kind.
XI. Arbitration Agreement
By using the service, you hereby agree that any dispute between you and TheCarWiz related to your use of the Company's services shall be submitted to binding arbitration in Clark County, Nevada under the rules of the American Arbitration Association. While the arbitration shall take place in Nevada, the Parties shall have the option to attend the arbitration via teleconference.
XII. Referral Program
TheCarWiz, in its sole discretion, may offer a referral program ("Referral Program"), allowing consumers to earn monetary incentives ("Cash"), or other promotional rewards such as a ("Referral Program Rewards") by inviting their eligible friends to register as new TheCarWiz consumers using a unique referral code ("Referral Program Codes"). Referral Program Codes must be used for the intended audience and purposes, and may not be sold or transferred in any manner or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by TheCarWiz. Referral Program Rewards may vary by consumer, location, and/or availability. TheCarWiz requires Referred consumers to complete a transaction by either purchasing a vehicle or selling a vehicle on the TheCarWiz Platform before granting Referral Program Rewards. Referral Program Rewards can only be redeemed for TheCarWiz on TheCarWiz.com or TheCarWiz app with the latest version, and within areas and times that TheCarWiz Platform is available. Referral Program Rewards are non-transferable, may not be resold, and are not redeemable for other monetary rewards or incentives, equivalent or other consideration. Referred consumers will be disqualified and will not receive Referral Program Rewards if TheCarWiz has a record of their name, email, phone number, devise, or having been used for a prior TheCarWiz or being linked to an existing active or inactive TheCarWiz account. You agree we may change the terms and conditions of the Referral Program, terminate the Referral Program, or expire, deduct, limit, or modify your Referral Program Rewards at any time for any reason, including but not limited to, the event that TheCarWiz determines or believes that your participation in the Referral Program or use or redemption of Referral Program Codes was in error, fraudulent, illegal, or otherwise in violation of these Terms.
XIII. Promotional Offers and Credits.
Promotional Offers. TheCarWiz, in its sole discretion, may make promotional offers with different features and different rates to any consumer. These promotional offers are subject to these Terms and may be valid only for certain consumers as indicated in the offer. A consumer must have a valid TheCarWiz account to take advantage of a promotional offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by TheCarWiz; (iii) are subject to the specific terms that TheCarWiz establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; (v) may only be applied if all qualifying conditions are met; and (vi) are not valid for use after the date indicated in the offer.
Promotional offers can only be redeemed for TheCarWiz on TheCarWiz.com or TheCarWiz app with the latest version, and within areas and times that TheCarWiz Platform is available. Promotional offers are non-transferable, may not be resold, and are not redeemable for cash, cash equivalent or other consideration. For promotional offers available only to new consumers or new Unlimited subscribers, as applicable, consumers will be disqualified and will not be entitled to receive the offer if TheCarWiz has a record of their name, email, phone number, devise, or having been used for a prior TheCarWiz order or being linked to an existing active or inactive TheCarWiz account. Offers cannot be applied retroactively for prior transactions and cannot be combined unless otherwise indicated. You agree we may change the terms and conditions of an offer, terminate an offer, or expire, withhold, deduct, limit, or modify an offer at any time for any reason. TheCarWiz reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that TheCarWiz determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms. TheCarWiz reserves the right to modify or cancel an offer at any time. The offer-redeeming consumer is responsible for paying any applicable sales tax related to the use of an offer. TheCarWiz has no obligation for payment of any tax in conjunction with the distribution or use of any Offer.
Credits. TheCarWiz may, from time to time, issue gratuitous credits in its sole discretion. TheCarWiz credits will be automatically applied, can only be redeemed for TheCarWiz on TheCarWiz.com or on the TheCarWiz app with the latest version, and within areas and times that TheCarWiz Platform is available. The expiration date(s) for such credits can be found in the TheCarWiz app and/or the credit-issuing email. Credits may not be applied with any other offer. Credits are non-transferable, may not be resold, and are not redeemable for cash, cash equivalent or other consideration. Upon expiration, credits will be removed from your account. Expired credits are no longer redeemable and cannot be used towards any order.
If your account is cancelled for any or no reason, you may forfeit any pending, current, or future credits or promotional offers and any other forms of unredeemed value in or associated with your account without prior notice to you.
Last updated on and effective as of October 1, 2020.
7165 S Buffalo Dr Suite 115
Las Vegas, NV 8911