Thank you for visiting www.cloovy.com. CAR-123, Inc. d/b/a/ Cloovy, as well as its parent and/or subsidiaries ("we," "us," or "our") may provide websites, networks, mobile applications, links, PDFs, and other services to you when you visit or shop at our website or through our concierge service or based on communications through any other digital/electronic/telephonic communication, including emails, calls, mail and discussions that arose in the wake of a search of our website. Everything in the prior sentence is collectively referred to as the “Website”—even though this (e.g. emails and phone calls) is obviously a deliberately broad definition of what the word “website” normally means. Basically, it is intended to cover all of our communications with you.Our services through the Website are subject to the terms and conditions below, which explain permissible and prohibited activities. The information on this page is called the Website Agreement.
The terms and conditions in thisWebsite Agreement govern your use of the Website. Please take a few moments to review this information carefully. By using the Website, you agree not to use theWebsite in contravention of these terms and conditions.
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 using or accessing theWebsite, you represent and affirm that you meet these requirements. We may amend any part of the Website at any time without notice and without incurring any obligation. In order to increase the simplicity for both us and you, you agree that all changes shall be retroactive unless we state otherwise except that we may not alter any provision of thisWebsite Agreement after you have filed an arbitration or lawsuit against us. We encourage you to periodically review this Website Agreement for amendments.
In compliance with the Children'sOnline Privacy Protection Act, we do not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors.If we determine that a user is under eighteen (18) years of age and has submitted information by way of our Website, we will immediately delete such information.
Accuracy of Website Information
We designed our Website to help you learn about our inventory across the country (though, as of June 5, 2019, we’re offering services only from Maine to northern Virginia, though we reserve all rights to expand or contract that geographic area at any time). Despite our best efforts, some inaccuracies will occasionally be present in Website communications, including but not limited to incorrect statements of prices for or accessories on particular vehicles. Additionally, photographs of automobiles found on the Website are typically photographs of the actual vehicles but will often have been taken by third parties. Their color and general appearance may appear differently based on your monitor and color settings or the settings on the third party’s camera. For this reason, please contact us to confirm the accuracy of the contents of our Website before you decide to purchase a car. Further, we reserve the right to change product pricing and specifications, as well as the terms of our guarantees and warranties without notice.
Ownership and Proprietary Rights
You acknowledge and agree that all contents and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use theWebsite, you acknowledge that we have not granted you a license of any kind to use this information for any purpose (including, but not limited to commercial purposes) without our express written consent. Vehicle information, emails from us, and any online credit applications 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 the Website. You may not use any meta tags or any other "hidden text" using our name or trademarks or other intellectual property without our express written consent. In addition, you may not use any robot, spider, site search/retrieval application or other manual or automatic devices to retrieve, index, “scrape,” “data mine” or otherwise gather any content from, or reproduce or circumvent the navigational structure or presentation of the Website, without our express prior written consent. Deep linking, direct linking, framing, page-jacking, spoofing, and hacking is strictly prohibited.
You acknowledge that some photographs and Condition Reports from Manheim may be the copyrighted property of third parties. While we have a “fair-use” and/or contractual right to these products given our relationships with these parties and our limited use of this information, you acknowledge that these materials may be protected under U.S.,foreign, or international copyright law (or more than one of those three). Those third parties, including Manheim, retain the right to pursue unauthorized users of copyrighted images or information, and nothing on the Website increases, alters, or contracts whatever legal rights you have, if any, to use those materials. Violations of such intellectual property rights may result in liability, including statutory damages per infringed work, plus all costs and attorney’s fees. Access to and use of these images or video is restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited. All third parties reserve the right to pursue all legal and equitable remedies against your unauthorized uses.
Cloovy®, Cloovy Guarantee®, and anything else on the Website with an ® next to it are all our registered or unregistered trademarks or service marks. Any unauthorized use, replication, or other violations of trademark law will be prosecuted. You acknowledge that it is your responsibility, not ours, to evaluate accurately whether a given image, phrase, or mark is protected by U.S., foreign, or international trademark law or intellectual property law—or by the laws of more than one of these sources of law. All other trademarks not owned by us that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, sponsored by, or licensed by us (or subject to our fair use rights or the rights of our third-party contractors).
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED IN THE WEBSITE FOR ANY PURPOSE WHATSOEVER. ALL INFORMATION PROVIDED ON OUR WEBSITE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED,INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION MAYNOT APPLY TO YOU.
ANY WAIVERS OF OR ALTERATIONS TO THE PREVIOUS PARAGRAPH MUST BE IN DOCUMENT SIGNED BY AN EMPLOYEE OF OURS. WE PLANTO KEEP OUR PROMISES AND TO HONOR OUR REPRESENTATIONS, AND WE INTEND TO DO SO,BUT WE ARE NOT LEGALLY OBLIGATED TO DO SO UNLESS AND UNTIL YOU AND WE ENTER A SIGNED AGREEMENT. [We feel icky writing that, but our lawyers are really happy now.]
Incentives Offered by Manufacturers
Rebates, customer cash, dealer cash, coupon offers, and other incentives provided by vehicle manufacturers are subject to the terms specified by the manufacturer. These terms include, among others, the timeframe of the offer and limitations on quantities and/or combinations with other offers. We are not obligated to honor any such promotions unless we do so in a signed agreement.
Driver’s License Information
As part of services our offers through the Website, you may be required to provide us with a copy or image of your driver’s license. By providing us with a copy or image of your driver’s license, you agree that we may scan the license and use and retain the information contained therein in a manner permitted by applicable law. You acknowledge that we may be hacked at some point and that, barring gross negligence by us, we will not be liable for damages.
Usage and Ownership of Customer Information
All information submitted to us through our Website becomes and remains our property. Consequently, we may use any information you submit for any purpose we deem appropriate in accordance with this Agreement. We maintain strict physical, electronic and administrative safeguards to protect your personal information from unauthorized or inappropriate access. You acknowledge, however, that in spite of our efforts, we may be hacked at some point and that, barring gross negligence by us, we will not be liable for damages.
Links to Third Party Websites
We assume no responsibility for the content of any third-party websites, or any subsequent links, or any other information, services, software, or other good or services (whether merchantable or not) [“Third-Party Content”] if we don’t control it. Third-PartyContent may be inaccurate, misleading, incomplete, infected with computer viruses, or otherwise harmful. Even so, we do not represent or warrant that anyThird-Party Content is accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws nor that it will avoid causing any of the harms or inconveniences described earlier in this paragraph or elsewhere in this Website Agreement. No opinions expressed on third-party websites are necessarily those of us, and we categorically don’t endorse the contents of these third-party websites. Also, we assume no responsibility for webcasting or any other form of transmission received from any linked website. You rely on Third-Party Content at your own risk you assume all responsibilities and consequences resulting from such reliance. AnyThird-Party Content we provide is a convenience only, and you acknowledge that you assume all risks that the problems or harms caused by this information may outweigh the benefits. 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. Pursuant to Section 230 of the Communications Decency Act, providers of interactive computer services, including us, cannot be treated as the publisher or speaker of any information provided by another information content provider.
Violations of Website Agreement
In the event you violate or attempt to violate any part of this Website Agreement, 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 arbitration or criminal prosecution for any and all alleged or actual illegal activities involving theWebsite.
Reservation of Rights
Procedure for Alleging Copyright Infringement
A. DMCA Notice. We will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium CopyrightAct ("DMCA"), as set forth below. If you own a copyright in a work(or represent such a copyright owner) or other intellectual property and believe that your (or such owner’s) rights in that work have been infringed by an improper posting or distribution of it through the Website, then you must mail us by certified mail or courier service a written notice that includes all of the following:
You expressly agree that any use of such information prior to thirty days after our receipt of the above notice will qualify as fair use unless you obtain a temporary restraining order instructing us to remove content more quickly than that. Even if you obtain injunctive relief, you waive all claims to statutory or other damages from prior to thirty days after we receive your notice. We will only respond to DMCA Notices that we receive by mail at the address below:
Car-123, Inc. (d/b/a Cloovy)
Attn: Legal Department/InfringementNotice
129 Church St.
New Haven, CT 06510
It is often difficult to determine if your copyright has been infringed. We may elect to not respond to DMCANotices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with theDMCA.
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 our other rights, we may, in appropriate circumstances, terminate a repeat infringer’s access to this website and any other website owned or operated by us.
B. DMCA Counter-Notification. If access on the Website to a work that you submitted to us 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:
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 DMCACounter-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 30 calendar 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 an arbitration or, if an arbitrator has found that the case is non-arbitrable, a lawsuit asking a court (in the judicial districts mentioned above) 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 DMCACounter-Notification to the party who sent us the DMCA Copyright InfringementNotice.
Any dispute, controversy, or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association before a single arbitrator in accordance with the Expedited Procedures of the CommercialArbitration Rules (except that the arbitrator shall have the power to grant interim and emergency relief in accordance with Rules 37 and 38 of the general(non-expedited) Commercial Arbitration Rules in effect as of June 5, 2019 and, in cases with claims reasonably valued at more than $1,000,000, to order discovery that he/she deems appropriate. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree that any arbitration shall take place in New Haven County, Connecticut. You agree to waive any and all class wide arbitration or litigation and to proceed against us raising exclusively your individual claims.
Prior to filing an arbitration, you agree that you will attempt to resolve your dispute informally with us and in accordance with all provisions of this Website Agreement. We shall extend you the same reatment. You agree that our damages against you and your damages against us are capped at $10,000 unless the arbitrator finds clear and convincing evidence of intentional bad faith by the party that is liable to the other. All parties shall cover their own attorney’s fees. The party filing is responsible for all filing fees, although the arbitrator shall order us to reimburse you for 110%of those costs if we are found liable.
If any provision of this agreement is found to be invalid or unenforceable as a matter of law, it shall be severed from thisWebsite Agreement but the remainder of the Website Agreement shall still been forceable.
RequiredCalifornia Disclosure: CA Supply Chain Transparency
We have taken and will take every reasonable effort to ensure that our supply chain is free of products that are tainted by human trafficking. Because all of the vehicles that we sell are used vehicles, and all of the replacement parts we use in if and when we recondition vehicles are purchased from other wholesalers or retailers, we believe that we have taken all necessary steps to audit and reasonably mitigate the risk that its products are tainted by the crimes of human trafficking and slavery. As of June 5, 2019, however, we are not selling cars in California.
If your friend or family member purchases a car through Cloovy and mentions your name, we’ll send you up to $500 all-cash commission within three days after the return period closes.
Our commission starts at $100 for car sales under $25,000. For car sales between $25,000 and $50,000, we’ll send you a $200 commission. And for the luxury aficionados out there—we’ll send you a $500 commission for all car sales $50,000 and above.
So if your friend or family buys a $75,000 Mercedes from Cloovy and gives us your name, when the return period closes we’ll send you $500 in cash as a thank you for helping us build our company.
If you have any questions about how our commissions process works, please reach out to us at firstname.lastname@example.org.