Thank you for visiting carscommerce.inc/accutrade (the “Site”)(“AccuTrade” “Us” or “We”). The Site also includes any version of this Site that is optimized or configured for use by mobile computing devices such as smartphones and tablets, as well as mobile applications and any other websites owned or operated by us. These Terms of Service (“Terms”) govern access to and use of the Site and services or products provided by AccuTrade as made available on the Site or otherwise (“Services”).
By accessing and using this Site, you acknowledge you have read, understood and applicable laws and regulations.
BY USING THE SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS, AND EXPRESSLY CONSENT TO CARS COMMERCE PRIVACY NOTICE AND PRIVACY NOTICE FOR CALIFORNIA RESIDENTS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS THE SITE OR USE ANY PRODUCTS.
If you are a AccuTrade dealership receiving paid Services, please refer to the Terms and Conditions as those govern our relationship with you.
We may collect both “non-personal” and “personal” information from you when you interact with our Site and Services.
“Non-Personal Information” refers to information that may not by itself be reasonably associated with, linked to, or used to individually identify you or someone else. For example, general, non-specific information regarding your use of the Site and Services or derived from the information that you provide to us through the Site and Services.
“Personal Information” refers to information that may be reasonably associated with, linked to, or used to individually identify you or allow you to be personally identified or contacted. For example, Personal Information may include information such as your name, email address, telephone number, address, either alone or in combination with other information.
We may use the Non-Personal Information we collect and obtain for any lawful business purpose without any duty or obligation of accounting or otherwise to you, provided that the information remains Non-Personal Information. This may include, by way of example, developing products, services, and other offerings based on the Non-Personal Information and providing those offerings to other users and third parties. We may use the Personal Information we collect about you for a variety of purposes outlined in Cars Commerce’s Privacy Policy. Please note that, in most cases, the primary purposes for processing Personal Information are for the submission and transmittal of lead data and for powering targeted advertising and user experiences. Notably, Personal Information may also be used for additional, secondary purposes, which are provided in Cars Commerce’s Privacy Notice.
AccuTrade does not require registration in order to access and use features and materials on the Site, but you must register with AccuTrade to purchase Services. You agree that all information that you provide to AccuTrade in connection with our Services, including, but not limited to, all information that they may provide in the subscriber registration process, is true, accurate and complete, and that you will maintain and routinely update such information to keep it true, accurate and complete at all times. AccuTrade reserves the right to terminate this Agreement and to refuse, restrict or discontinue service or access to the Site, or any portion or features of this Site, to you for any reason or for no reason whatsoever, at any time, and without notice or liability, including, but not limited to, termination of your use of the Site and our Services.
When you visit the Site, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with them by phone, email or by posting notices on the Site. To unsubscribe from news, promotions, special offers and other information from AccuTrade, regarding AccuTrade, its affiliates and selected partners, email support@accu-trade.com and/or select the unsubscribe link on electronic communication.
You acknowledge that the Site includes certain trademarks and service marks owned by AccuTrade and its affiliates and subsidiaries. You agree not to use any trademarks, service marks, names, logos, or other identifiers of AccuTrade or its employees, affiliates, subsidiaries, independent contractors, and providers without the prior written permission of AccuTrade, or: (i) in, as, or as part of, any third parties; (ii) to identify non-AccuTrade products or services; or (iii) in a manner likely to cause confusion or that implies that AccuTrade sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties. You further agree that you will not alter or remove any trademark, logos, copyright or other notice from any copies of the Content. Other marks appearing on the Site are the property of their respective owners. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to legal@cars.com or mailed to Accu-Trade, LLC
(with a copy to Cars.com, LLC)
300 S. Riverside Plz., Suite 1000
Chicago, IL 60606.
It is the policy of AccuTrade to respond to claims of intellectual property infringement. AccuTrade will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this Site:
Cars.com LLC
Legal Department
300 S. Riverside Plz.
Suite 1000
Chicago, IL 60606
USA
Phone: 312-601-5000
Fax: 312-601-5755
Email: legal@cars.com
To be effective, the notification must be a written communication that includes the following:
Access to the Site or to portions thereof, or access to Services, may be occasionally interrupted to perform changes or necessary maintenance; or for certain types of “force majeure” events (e.g., “acts of God”, weather calamities, riots, wars, internet connectivity issues, etc.) beyond the reasonable control of AccuTrade for which AccuTrade shall have no liability.
By accessing this Site, you agree that you will not use any automated mechanism, which may include but is not limited to such mechanisms as web robots, crawlers or spiders to access, query or otherwise collect information or scrape data from the Site, and will not use any device or routine that would interfere with the proper working of the Site. Unless otherwise permitted by AccuTrade, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Service in any other manner or for any other purpose constitutes an infringement of AccuTrade’s intellectual property and other proprietary rights. Use of the Site or any portion thereof on any other website is expressly prohibited without prior written permission from AccuTrade. You shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Content (defined below).
You hereby represent and warrant that you have all necessary authority, rights and permissions to access this Site and/or Services. You agree to release, defend, indemnify and hold AccuTrade, its affiliates and subsidiaries, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from (i) your use of the Site or any reliance on the Services or Content, (ii) your breach of these Terms or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS SERVICES AND CONTENT IS AT YOUR OWN RISK. ACCUTRADE, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND ACCUTRADE, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. ACCUTRADE AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. ACCUTRADE CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. ACCUTRADE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT YOURSELF TERMS, ACCUTRADE DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
ACCUTRADE, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, THE CONTENT, THESE TERMS, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF ACCUTRADE, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.
Some aspects of the Service may be dependent upon third party service providers, such as a wireless carrier or social media platform. We do not control such third-party service providers and are not responsible or liable for their acts or omissions. In addition, such third-party service provider may have their own terms, policies and guidelines. You should become familiar with all such terms, policies or guidelines prior to using the Service through such third-party service provider. Platform providers, such as Apple, Inc. and Google, Inc., that make our mobile applications available for download (“Platform Providers”) are not parties to these Terms. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the mobile applications. In the event of any failure of a mobile application to conform to the warranties herein, you may notify the applicable Platform Provider, and such Platform Provider may refund any purchases made through the mobile application (if applicable). To the fullest extent permitted by law, Platform Providers will have no other warranty obligation whatsoever with respect to a mobile application.
By using the Site, you agree to indemnify, defend and hold AccuTrade, and its officers, subsidiaries, licensors, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements or liabilities (“Claims”), and all resulting losses, damages, liabilities, fees, liens, assessments, penalties, judgements, costs and expenses (including reasonable attorneys’ fees), made or initiated by any third party due to or arising out of your use of the Site, your violation of these Terms your violation of any rights of another, or any use of the Services. You agree to notify AccuTrade within seven (7) days of the filing of any Claims, and AccuTrade reserves, and you grant to AccuTrade, the right to participate in or assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of these Terms. You are responsible for maintaining the security of your password and you are responsible for all statements or reviews made and acts that occur through the use of your account.
AccuTrade does not guarantee or warrant that the Site, Services or Content will be free from infection, viruses, worms, Trojan Horses or other codes or features that manifest contaminating or destructive properties, nor can AccuTrade provide any assurance that unauthorized persons will not be able access your computers, data or systems by means of the Site or systems or through use of e-mail addresses, user names or other information unauthorized persons may find on the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for system security, accuracy of data input and output and for maintaining your own means for the reconstruction of any lost data or otherwise dealing with system security breaches. Even with the use of encryption, you acknowledge that the Internet is not a 100% secure medium and privacy cannot be guaranteed. AccuTrade will not be responsible for any damages you or any third party may suffer as a result of the transmission that you make to AccuTrade through the Internet, or that you expressly or implicitly authorize AccuTrade to make, or for any errors, data corruption or any changes made to any transmitted information.
You understand and agree that in AccuTrade’s sole discretion, and without prior notice, your access to the Site or Services may be terminated or suspended, and AccuTrade may exercise any other remedy available and remove any access if AccuTrade believes that your use of the Site and/or any Services (a) violate (i) these Terms, (ii) the rights of AccuTrade, its affiliates and subsidiaries, or another user of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to AccuTrade for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that AccuTrade post a bond. AccuTrade is not required to provide any refund to you if you are terminated as an authorized user of the Site because, in AccuTrade’s sole discretion, you have violated these Terms.
Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of Content and Services, and any other information, content, or materials accessed through or obtained by means of the Site. Under no circumstances shall AccuTrade or its affiliates and subsidiaries, or their respective directors, officers, employees and agents, or any third-party supplier, provider, or licensor, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Site, Services, and/or Content, even if advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract or any other legal or equitable theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the Site, Services, and/Content. Some states do not allow the exclusion or limitation of liability for these kinds of damages, so the above limitations or exclusions may not apply to you.
This Site is intended only for users in the United States of America and Canada. AccuTrade makes no representation that the Site, or the Services available through it, are appropriate or available for use at other locations outside the United States of America or Canada, and access to the Site from territories where the Site or the Service are illegal is prohibited. The export and re-export of software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to certain designated countries, or any country to which the United States embargoes goods. In addition, AccuTrade software may not be distributed to certain designated persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. If you use or access the Site or the Services outside of the United States of America or Canada, it is your responsibility to ensure that your use complies with all applicable laws, rules, and regulations and, without limiting the generality of your obligations under the indemnity provisions these Terms, you agree to indemnify, defend and hold the Indemnified Parties harmless from any Claim brought or asserted against any of the Indemnified Parties arising out of your use or access of any of the Sites or Services outside of the United States of America and Canada.
These Terms, any transactions consummated thereunder, and any other disputes related in any way to your access to and use of this Site and/or its Services shall be governed by and construed under the laws of the United States and of the State of Illinois, without regard to conflicts of law principles or rules thereof. Any legal action arising out of or related to these Terms or your access to and use of this Site and/or its Services must be commenced within one year after the cause of action arises. YOU AGREE AND UNDERSTAND THAT ACCUTRADE AND YOU EACH WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY. AccuTrade and you each agree to use best efforts to settle any dispute or claim arising out of, or relating to, these Terms or your access to and use of this Site and/or its Services. If AccuTrade and you cannot reach a written settlement agreement within thirty (30) days of the raising of the controversy or claim, AccuTrade and you shall submit the dispute to binding arbitration to take place in the State of Illinois, as set forth below. To the degree the arbitration provision is deemed unenforceable, or if any action is otherwise allowed to be maintained in a court of competent jurisdiction, you agree that such action must be commenced in a State or Federal Court within the State of Illinois.
ACCUTRADE AND YOU AGREE THAT ANY DISPUTES, CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO AND USE OF THE SITE AND/OR ITS CONTENT OR SERVICE MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. ACCUTRADE AND YOU AGREE THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME CLAIM UNLESS ARISING FROM THE SAME TRANSACTION. FURTHERMORE, ACCUTRADE AND YOU AGREE THAT NEITHER YOUR NOR ACCUTRADE MAY PURSUE THE CLAIMS IN ARBITRATION AS A CLASS OR COLLECTIVE ACTION, AS A PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION. CLAIMS MAY NOT BE PURSUED IN ANY COURT OTHER THAN TO ENFORCE THE ARBITRATOR’S AWARD. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS.
AccuTrade believes that most customer concerns can be resolved by contacting AccuTrade at support@accu-trade.com. If our customer services department is unable to resolve your concerns, you and AccuTrade agree to only use the dispute resolution process described below.
For the purposes of this Section, the term “Dispute” shall have the broadest reasonable meaning including but not limited to any notices, demands, actions, proceedings claims, disputes, or issues between or among you and AccuTrade and its subsidiaries, relating to arising out of the following:
You agree that in the event of a Dispute between you and AccuTrade, you must first contact AccuTrade and make a good faith effort to resolve the Dispute before proceeding with formal means of resolution. To commence this effort, you must provide AccuTrade with a detailed and individualized written notice regarding the Dispute (“Notice”) by email to legal@carscommerce.inc. The Notice must include (1) your full name; (2) your address, telephone number, and email address; (3) a detailed description of your Dispute, including the nature and basis of your claims; and (4) supporting documentation or information sufficient for AccuTrade to identify and substantiate any Dispute. Upon receipt of the Notice, you and AccuTrade agree to work cooperatively to resolve the Dispute and to negotiate a resolution in good faith for a minimum of sixty (60) days before the initiation of any formal proceeding. If AccuTrade requests a telephone or video conference with you in an effort to resolve your Dispute as part of this informal dispute resolution process, you agree to personally participate in the telephone or video conference. Such conference must also include your counsel if you are represented. This mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant certifies in writing, signed by the claimant, that they have fully complied with the informal dispute resolution process. AccuTrade and you agree that subjecting each other to an arbitration demand or arbitration proceeding without fully satisfying the claimant’s obligations under the Informal Dispute Resolution Process would be a breach of these Terms and Conditions; would cause irreparable harm to the other party; that only specific enforcement of the Informal Dispute Resolution Process would remedy that harm; and that any state or federal court sitting in Illinois shall have the authority to enjoin the any arbitration demand or arbitration proceedings if a party does not provide such certification and participate in good faith in the mandatory informal dispute resolution process. Either party may also seek relief under 9 U.S.C. § 4 when appropriate, including when a party fails to satisfy its obligations under the Informal Dispute Resolution Process. You agree to submit to the personal jurisdiction of Illinois, of a court of competent jurisdiction in Cook County, for the purposes of an action to obtain the injunctive relief described in this paragraph or for the purposes of an action under 9 U.S.C. § 4.
If you and AccuTrade are unable to mutually resolve the Dispute within sixty (60) days after receipt of the Notice, and the parties have not agreed to extend this time period, you or AccuTrade shall initiate arbitration pursuant to these Terms and Conditions. Any Dispute that is not resolved at the end of the 60-day period shall be resolved by arbitration.
There shall be a single arbitrator. The parties will mutually agree on the selection of the arbitrator and agree that the arbitrator shall be a member of a professional arbitration association.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the then current Consumer Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”), as modified by these Terms and Conditions. The AAA Rules and forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In the event of any conflict between these Terms and Conditions and the AAA Rules, these Terms and Conditions will supersede and apply.
To begin an arbitration proceeding, you must submit the Dispute utilizing the forms available at http://www.adr.org, concurrently sending a copy of the completed form via certified mail to: Attn: Chief Legal Officer, Accu-Trade, LLC, 300 S. Riverside Plaza, Suite 1000, Chicago, IL 60606 and via email to legal@carscommerce.inc.
Arbitration will be conducted via in-person proceeding, unless the arbitrator determines that a virtual or written submission is required instead. For in-person proceedings, you agree the proceeding will occur in Chicago, Illinois, and that Chicago, Illinois is a reasonably convenient location given your ability to travel and pertinent circumstances. The arbitration, regardless of in-person or virtual, including all issues of procedure and substantive law, shall be governed by the laws of the State of Illinois. The parties agree the arbitrator’s decision is final and binding.
Each party will be responsible for payment of its filing, administration, and arbitrator fees. The parties agree that the arbitration shall be kept confidential.
Batch Arbitration– You and AccuTrade agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, representative, consolidated or mass action. If 25 or more claimants represented by the same legal counsel either provide Notices or file demands for arbitration about the same or substantially similar Dispute, AccuTrade will still require all 25 or more claimants to go through the mandatory notice and informal dispute process. Only upon completion of that process will you and AccuTrade agree that AccuTrade shall treat the Disputes pursuant to the Mass Arbitration Supplementary Rules issued by AAA (“Batch Arbitration”). AccuTrade reserves sole right to request the appointment of a Process Arbitrator for any Batch Arbitration. You and AccuTrade agree that a Batch Arbitration requires a minimum of 25 and a maximum of 50 claimants with the same or substantially similar Dispute and counsel (“Batch”). Each Batch Arbitration will proceed as a single consolidated arbitration with one arbitrator and one set of arbitration fees. Both parties agree to make a good faith effort to resolve the Batch Arbitration within 180 days. The arbitrator’s decision for the Batch Arbitration is final and binding as to all claimants included in the Batch.
Once an arbitrator has issued a final and binding decision on all Batches, if there are fewer than 25 claimants left over, individual arbitrations will take place for those Disputes. If there are more than 25 claimants but less than 50 claimants remain after the Batch, AccuTrade reserves the right to establish 3 additional Batches of up to 50 claimants per batch that have the same or substantially similar Dispute. You and AccuTrade agree that the Batch Arbitration process will be followed for the first 400 claimants that have been Batched and any additional Disputes will be filed with a competent court in Cook County, Illinois to be resolved through litigation. If any issue does not fall within the Batch or if part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual arbitration proceedings.
Both parties agree to follow the Batch Arbitration process outlined here and AccuTrade reserves the right to enforce this arbitration process. YOU MAY NOT FILE BATCH DISPUTES THAT INVOLVE BOTH DATA DISPUTES (defined below) AND NON-DATA MATTERS. Data Disputes (defined below) must proceed to the Data Litigation Process described in Section C below.
For purposes of this Section: Data Disputes mean the following:
Data Disputes means any notices, claims, demands, actions, and proceedings arising out of or relating to the collection, use, storage, handling or disclosure of data including Personal Information. This includes but is not limited to claims or allegations of non-compliance with applicable law, breach of privacy policy or contract, unlawful access, dissemination or disclosure of data or Personal Information and violation of any other data, privacy or data protection right or legal interest. You and AccuTrade agree that all Data Disputes (“Excluded Disputes”) must first go through the Mandatory Notice and Informal Dispute Resolution Process and arbitration process outlined in Sections A and B above. If AccuTrade receives more than 15 Excluded Disputes from the same counsel, law firm or other legal organization about the same or substantially similar fact pattern, either party may elect to continue to arbitrate the Data Disputes, or proceed to litigation. If a party chooses to litigate the Data Disputes, both parties agree and understand that the Data Disputes must be litigated individually in the order they were received. The parties also agree that only one (1) Data Dispute may be litigated at a time, and no additional Data Dispute may be filed until the current Data Dispute is finalized.
To begin the litigation process, the party electing to litigate must provide written notice to the adverse party. Both parties agree to wait at least 15 business days for receipt and acknowledgement of a litigation notice. Once a party has provided receipt and acknowledgment, and both parties agree to proceed to litigation, the claimant must then bring suit in the Circuit Court of Cook County, subject to Illinois law and jurisdiction.
YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT ANY DISPUTES AND EXCLUDED DISPUTES MUST BE BROUGHT AND ADJUDICATED ON AN INDIVIDUAL BASIS, AND THAT YOU WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR CLASS ARBITRATION.
Any Disputes and Excluded Disputes under $10,000, must be submitted to small claims court in the Circuit Court of Cook County, Illinois.
All Disputes and Excluded Disputes must be brought against AccuTrade within 12 months of the date of first occurrence.
All Disputes and Excluded Disputes shall be governed by and interpreted in accordance with the laws of Illinois without giving effect to the principles of choice of law of any other jurisdiction. To the extent a Dispute or Excluded Dispute is not subject to mandatory arbitration under these Terms and Conditions, any Dispute arising from or in connection with these Terms and Conditions shall be brought before a court of competent jurisdiction located in Cook County, Illinois.
AccuTrade reserves the right to update and periodically amend these Terms at its discretion and at any time. If AccuTrade makes changes to these Terms, amendments will be posted online and the date of update will be included. Your continued use of the Site after any such update indicates your agreement to the same. If you do not agree to the modified terms for the Site or Services, you must discontinue your use of the Site and Services. AccuTrade may modify, suspend, discontinue, or restrict the use of any portion of the Site without notice or liability.
This Site may contain links to or otherwise allow connections to third-party websites, products, or services that are not owned or controlled by AccuTrade. You agree that AccuTrade is not responsible or liable for the content, policies or practices of any third-party websites or for any non- AccuTrade products or services. AccuTrade does not sponsor or endorse such websites and is not responsible for the accuracy, content or any aspect thereof. AccuTrade disclaims all liability for such websites, and for any use of the links to such websites or use of such websites themselves.AccuTrade also disclaims all liability and makes no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other websites, and the offer or purchase of products or services on or through such other websites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against AccuTrade arising from or based on your use of, or the offer or purchase of products or services on or through, such other websites. Links do not imply that AccuTrade is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in connection with or accessible through such links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of AccuTrade or any of its affiliates and subsidiaries.
When you visit the Site, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with them by phone, email or by posting notices on the Site. To unsubscribe from news, promotions, special offers and other information from AccuTrade, regarding AccuTrade, its affiliates and selected partners, email support@accu-trade.com and/or select the unsubscribe link on electronic communication.
These Terms supersedes all prior and contemporaneous agreements and understandings between you and AccuTrade relating to the Site and the Services, other than any additional terms applicable to a particular Service. You may not transfer your rights or obligations under these Terms without the prior written consent of AccuTrade. AccuTrade may freely do so, in whole or in part. These Terms will be binding upon the successors and permitted assigns of you and AccuTrade. These Terms do not create any third party beneficiary rights. AccuTrade’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. You and AccuTrade are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
By providing your email address, you agree that AccuTrade may send emails to you related to the Site and/or the Services and any account you may have. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the messages. AccuTrade may send any legal notices to you via email, notification by a message to your account, and/or regular mail.
If you have any questions or comments about these Terms, please contact AccuTrade at:
Phone: 312.601.5000
Email: Privacy@cars.com
Finally, you may also mail us at:
Accu-Trade, LLC/Cars.com
Attn: Privacy at Customer Care
300 S. Riverside, Suite 1000
Chicago, IL 60606
©2024 Accu-Trade, LLC, 300 S. Riverside Plaza, Suite 1000, Chicago, IL 60606
Updated – October 2024