TERMS OF SERVICE
oAutomotive.com
Last Updated: 08/08/2008
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE.
BY USING THE SITE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT AND AGREED WITHOUT LIMITATION OR QUALIFICATION, TO BE LEGALLY BOUND BY THIS AGREEMENT AND THE TERMS OF THE COMPANY'S PRIVACY POLICY WHICH IS INCORPORATED HEREIN AS THOUGH FULLY SET FORTH. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS WEB SITE.
1. Services:
oAutomotive.com loan matching service matches consumers with prospective vendors participating in oAutomotive.com's network of auto loan vendors ("participating vendors"). To use the service, you must complete one or more online forms that request specific information from you, including, but not limited to, your name, address, telephone number, email address, social security number, driver's license number, banking account information, employment information, and personal references. oAutomotive.com 's collection and use of this information is subject to this site's Privacy Policy. In order to use this web site or the service, you must agree to these terms and conditions as well as the Privacy Policy, which are incorporated herein by reference.
Once You submit the form(s) to oAutomotive.com, we share your information with one or more participating vendors. By submitting the form(s), you understand and agree that you are submitting an inquiry about a loan product to oAutomotive.com and each of the participating vendors to whom oAutomotive.com transmits your loan request. By submitting the form(s), you are extending an express request to oAutomotive.com and each of their participating vendors with whom your information is shared to contact you by any means (including, without limitation, email, telephone, and direct mail) so that they may assist you with your transaction or provide information to you about additional offers in which you may be interested.
Participating vendors who receive your information from oAutomotive.com review your information in real-time to determine whether your information meets the vendor's loan qualification criteria. Participating vendors may, among other things, verify your social security number, perform a credit check, and review your information against national databases that tracks consumer transactions with lending institutions. By submitting the form, you agree to allow participating vendors to review, verify, and research your information in such manner.
If a participating vendor determines that your application meets its loan qualification criteria, the oAutomotive.com web site will redirect your browser to the vendor's web site. You understand and agree that, once you have been redirected to the vendor's web site, oAutomotive.com has no further involvement. oAutomotive.com has no involvement in the loan application or approval process. Your subsequent interactions with the vendor are subject to privacy policy, terms of use, and other policies and/or terms enforced by that vendor.
oAutomotive.com is not a vendor and does not make loan or credit decisions in connection with its loan matching service nor does it guarantee acceptance into any particular loan program or specific loan terms of conditions with any participating vendor. oAutomotive.com does not guarantee that the price, product, availability, rates, fees, or any other loan terms offered and made available by participating vendors through the loan matching service are the best terms available in the market.
oAutomotive.com does not endorse or recommend the products of any particular vendor. It is not an agent of you or any participating vendor. oAutomotive.com is not involved with the vendor's use and/or review of your application information or in making a determination about whether you meet a particular vendor's loan qualification criteria. The vendor is solely responsible for its services to you, and you agree that oAutomotive.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the loan matching service. You understand that participating vendors may keep your application information, whether or not you are qualified for a loan with them.
oAutomotive.com reserves the right to change any information, features and/or functions of the loan matching service without prior notice. oAutomotive.com reserves the right to deny you access to all or part of the services without prior notice. It specifically disclaims any responsible for any errors or delays in providing the loan matching services caused by errors in any of the application information provided by you or by any technical problems beyond its control.
Disclaimers and Limitations
THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." oAutomotive.com EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. oAutomotive.com MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THIS WEB SITE AND/OR THE oAutomotive.com 'S SERVICES IS AT YOUR OWN RISK. oAutomotive.com AND/OR ITS PARTICIPATING VENDORS OR ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF oAutomotive.com OR ITS PARTICIPATING VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF oAutomotive.com, ITS PARTICIPATING VENDORS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnity
As a condition of using this web site and/or the services offered herein, you agree to indemnify oAutomotive.com and its participating vendors from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms.
Links to Third Parties
This web site contains links to other web sites operated by participating vendors or other third parties. Such links are provided for your convenience and reference only. oAutomotive.com does not operator or control in any respect any information, software, products or services available on such third party sites. Its inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Dispute Resolution
Any controversy or claim arising out of or relating to the use of the web site, to the goods or services provided by oAutomotive.com, or to any acts or omission for which you may contend oAutomotive.com is liable, including but not limited to any controversy or claim regarding whether the arbitration provision is applicable (collectively "Dispute"), will be settled finally and exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. You agree that the arbitration will be conducted in Tampa, Florida and judgment on the arbitration award may be entered into any court of competent jurisdiction in Hillsborough County, Florida. No arbitrator shall have the power to award damages in connected with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. BY USING oAutomotive.com'S SERVICES YOU CONSENT TO THESE RESTRICTIONS. IF YOU DO NOT AGREE TO THESE RESTRICTIONS, DO NOT ACCESS THEIR WEBSITE.
In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and oAutomotive.com, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Hillsborough County, Florida. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
General Terms
These Terms constitute the entire agreement between you and oAutomotive.com. These Terms shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect. Any failure by oAutomotive.com to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. oAutomotive.com may amend these Terms at any time by posting the amended terms on its web site. All amended terms are automatically effective immediately, upon posting.
