By accessing or using this website, any of its pages and/or any of the services referenced herein, you accept and agree to be bound by the Terms of Service set forth below.
1. ARBITRATION AGREEMENT AND WAIVER OF RIGHT TO BRING COLLECTIVE ACTION.
You and Carmatic agree to final and binding arbitration of all Claims (as defined in the Arbitration Agreement) before the American Arbitration Association pursuant to the written Arbitration Agreement (the “Arbitration Agreement”). PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHTS, AND THOSE TO WHOM YOU PROVIDE ACCESS TO YOUR ACCOUNT. THE AGREEMENT TO ARBITRATE ALL CLAIMS IS A CONDITION OF YOUR USE OF THE CARMATIC WEBSITE AND/OR ANY OF THE SERVICES REFERENCED HEREIN.
2. CHOICE OF LAW.
Except as otherwise expressly provided in the Carmatic Arbitration Agreement (which applies the Federal Arbitration Act), the relationship between you and Carmatic are governed by the laws of the State of Illinois without regard to its conflict/choice of law provisions.
3. ACCEPTANCE OF TERMS.
Carmatic, Inc. (“Carmatic,” “we,” “us,” or “our”) provides users with an online automotive digital marketing, desking and marketing information platform, as well as related services that can be accessed from or through this website (collectively, “Services”). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services. These Terms of Service also apply to any co-branded or framed version of this website.
Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.
This website is controlled and operated by Carmatic from its offices within the United States. Carmatic makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
4. USER CONDUCT
You are authorized by Carmatic to access and use the Services, including the information on this website, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Carmatic’s express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose. In order to access certain features of this website you may be required to register. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Carmatic in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Carmatic is not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by Carmatic), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Carmatic for use in accessing the Services.
5. TELEPHONIC COMMUNICATIONS WITH CARMATIC AND THIRD PARTY PARTNERS
You acknowledge that telephone calls to or from Carmatic and/or third party partners (“Carmatic Parties”) may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to Carmatic Parties, including, but not limited to, your name, mailing address, email address, your telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your account registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone number(s), you agree to immediately notify us by texting STOP to any text message or calling us, in accordance with the instructions below. You agree to indemnify, defend and hold the Carmatic Parties harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees), including, but not limited to, claims under the Federal Telephone Consumer Protection Act or its state law equivalent, and including claims arising from your voluntary provision of contact information (including a telephone number) that is not your own, your failure to notify us of any changes to your contact information, including telephone number, and/or from your violation of any federal, state or local law, regulation or ordinance. We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
You also agree to be contacted at email and mailing addresses provided by you. Consent to receive automated marketing calls/texts is not a condition of any purchase of our products and services. Calls or text messages may be sent by Carmatic Parties even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that we may add to or withdraw third party partners from our participating partner list at any time, and you consent to be contacted, as explained above, by these third party partners notwithstanding the date of the start of your relationship with Carmatic. You acknowledge that you may incur a charge for calls or text messages by your telephone carrier and that Carmatic Parties are not responsible for these charges.
Your consent to receive automated calls and texts is completely voluntary. You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive or follow other opt-out instructions included with the text message. You acknowledge and agree that you may receive a text message confirming your opt-out. We may use different shortcodes or phone numbers for different purposes to better serve you. Texting STOP to one shortcode or phone number does not effectuate a stop request for all shortcodes or phone numbers to which you are subscribed. If you would like to stop messages from multiple shortcodes or phone numbers, text STOP to each shortcode or each phone number to which you would like to unsubscribe.
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets.
All information provided on this website is for informational purposes only.
The accuracy of information provided on this website is not guaranteed, and Carmatic assumes no responsibility for the foregoing. You agree that any reliance on the information on this website is at your own risk. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to email@example.com.
For the avoidance of doubt, Carmatic is solely an information platform. Carmatic is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, other automotive-related products or services offered by third parties.
8. NO COMMERCIAL USE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.
9. RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES
Carmatic reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. Carmatic also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Carmatic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
You will indemnify, defend and hold harmless Carmatic and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “Carmatic Entities”) from all claims, whether actual or alleged (collectively, “Indemnified Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Indemnified Claim against a Carmatic Entity, subject to such Carmatic Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Indemnified Claims against a Carmatic Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Carmatic Entity without its prior express written consent.
11. DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT.
12. LIMITATION OF LIABILITY; WAIVER
IN NO EVENT SHALL THE CARMATIC ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE CARMATIC ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
14. NOTICECarmatic may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that Carmatic will have no liability associated with or arising from your failure to maintain and supply Carmatic with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.
15. TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY
You agree that all of Carmatic’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of Carmatic, and that you will not display or use any of the foregoing without Carmatic's prior written approval in each instance. You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of Carmatic. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
16. COPYRIGHT OR INTELLECTUAL PROPERTY COMPLAINTS
Carmatic respects the intellectual property of others. If you believe that your
work has been copied in a way that constitutes copyright infringement, or
your intellectual property rights have been violated, please provide us with
the following information:
a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
a description of where the material that you claim is infringing is located on our website;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please send the foregoing information to our agent for notice of claims of
copyright or other intellectual property infringement at:
Attn: Legal Department
760 Smoke Tree Road
Deerfield, IL 60015
17. GENERAL INFORMATION
These Terms of Service may be amended from time to time without notice in Carmatic’s sole discretion. Any changes to the Terms of Service will be effective immediately upon the posting of the revised Terms of Service on this website. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and Carmatic and govern your use of the Services, including this website, and supersede any prior version of these Terms of Service between you and Carmatic with respect to the Services. You agree that no agency relationship is created between you and Carmatic as a result of these Terms of Service or your access to and/or use of the Services. The failure of Carmatic to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Please report any violations of the Terms of Service to firstname.lastname@example.org. Questions regarding these Terms of Service should be sent to email@example.com.
Last updated on and effective as of January 26th, 2023.
760 Smoke Tree Road
Deerfield, IL 60015
(959) Carmatic, (959) 227-6284