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This web site (www.Accu-Trade.com) or application, as applicable and as the context requires (individually and collectively, this “Site”) is provided, and owned, by Accu-Trade, LLC and its parent companies and affiliates (collectively “Accu-Trade,” “we” or “us”). The use of this Site and the Products and services made available on the Site (collectively, “Products”) is governed by and subject to these terms and conditions and website terms of use (this “Agreement”). In this Agreement, “User,” “Users,” “you” or “yours” refers to an individual, corporation, dealer, or other legal entity accessing this Site, regardless of any Products purchased or licensed.
Please read this Agreement carefully and thoroughly. By accessing and using this Site, you agree that you have read, understood and agree to be bound to the conditions of this Agreement. If you do not agree to be bound to this Agreement, please do not continue to access and use this Site or the Products. You must be eighteen (18) years or older or the age of majority in your place of residence to use this site or purchase, or register to use our Products.
This Agreement, the Site, and/or its Products may be updated or changed by Accu-Trade at any time and in its sole discretion. This Agreement may be amended to incorporate additional terms specific to certain additional Accu-Trade Products or services. All such updates and changes are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, posting a new version of this Agreement or other notice at this URL (or any successor URL). Continued use of this Site and the Products signifies your continuing consent to be bound by the terms of this Agreement.
Accu-Trade does not require registration in order to access and use features and materials on the Site, but you must register with Accu-Trade as a subscriber in order to take advantage of the features and benefits of certain Products. Users agree that all information that they provide to Accu-Trade in connection with their access to and use of the Site, including, but not limited to, all information that they may provide in the subscriber registration process, is true, accurate and complete, and that they will maintain and routinely update such information to keep it true, accurate and complete at all times. Accu-Trade 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 Users or any other person or entity, for any reason or for no reason whatsoever, at any time, and without notice or liability, including, but not limited to, termination of User’s use of the Site and their Product license (as described below). Access to the Site or to portions thereof, including its Products or 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 Accu-Trade for which Accu-Trade shall have no liability.
If applicable, Accu-Trade reserves the right to obtain a User’s credit report to determine creditworthiness, and such determination is conditioned upon credit approval. User agrees to pay all fees specified in the Order Form within thirty (30) days of the date of invoice, unless payment is made by credit card or ACH. If payment is made by credit card or ACH, User expressly authorizes Accu-Trade to automatically charge the applicable card or debit the applicable account on a monthly basis during the term of this Agreement (unless otherwise agreed by the parties) and agree that any fee increase made in accordance with this Section may also be charged/debited in the same manner and User will be responsible for any and all third-party fees. If any fees are not paid by the due date, Accu-Trade may charge, and User will pay interest on unpaid amounts at the rate of 1.5% per month or the highest rate permitted by law, whichever is less. User agrees to pay all of Accu-Trade’s costs, including attorneys’ fees, associated with the collection of overdue amounts. User will be solely responsible for payment of any taxes applicable to their payment for and/or use of the Products, other than taxes on Accu-Trade’s income. Accu-Trade reserves the right to increase fees or terminate Product subscriptions with thirty (30) days’ notice to User, provided User will have the right to terminate the Agreement in such case by providing Accu-Trade with written notice prior to the end of such thirty (30) day period. If User requests the assistance of Accu-Trade in any manufacturer co-op advertising program, User remains solely responsible for complying with all terms, conditions, and requirements necessary for reimbursement under such program.
Orders cannot be canceled during the Initial Term, as specified in the order form (the “Initial Term”). Following completion of the Initial Term, this Agreement automatically renews on a month-to-month basis until either party provides at least thirty (30) days’ written notice of termination to the other party, such termination to be effective on the last day of the calendar month in which the 30th day falls. Either party may immediately terminate this Agreement in the event the other party is in material breach of this Agreement and such breach is not cured by the breaching party within thirty (30) days of its receipt of written notice. Accu-Trade reserves the right to modify or discontinue any Product at any time and may suspend performance for User’s failure to pay any invoice when due or User’s failure to comply with the policies. If a User terminates any Product for convenience prior to the end of Initial Term, User will pay Accu-Trade a termination fee equal to the remaining monthly fee for such Product(s) through the end of the Initial Term. To be effective, termination must be provided to the designated email at support@accu-trade.com or customer service line at (888) 853-9458Accu-Trade and User may agree to revoke any termination. In the event of such revocation, the Agreement will remain in full force and effect.
User grants Accu-Trade a perpetual, irrevocable, royalty-free, transferable, license to access, edit, store, enhance, modify, adapt, translate, copy, reproduce, distribute, transmit, broadcast, publish, perform and display publicly, prepare derivative works of, and otherwise use any and all content provided by the User, and to sublicense such rights through multiple tiers. Accu-Trade reserves the right to modify its Site and Products, and to edit or reject any content or portion thereof from use on the Site or Products in its sole discretion and without notice.
Information that the User provides or that Accu-Trade collects about the User through their access to and use of this Site or any of its Products and services is subject to Accu-Trade’s Privacy Policy, the terms of which are hereby incorporated into this Agreement by reference.
Accu-Trade takes commercially reasonable measures to secure and protect information transmitted to and from the Site; however, we cannot and do not guarantee that any such communications or any electronic commerce conducted on or through the Site is or will be completely secure. The User is responsible for maintaining the confidentiality of their personal information and of any login user name or ID (the User’s “User ID”) and any password that may be selected by, or assigned to the User by Accu-Trade, and the User is fully responsible for all access and any activity that occurs through use of the User ID or password. The User agrees to immediately notify Accu-Trade of any unauthorized use of their User ID or password or any other breach of Site security of which the User becomes aware. Accu-Trade cannot and will not be liable for any loss or damage arising from any unauthorized access or use of the User’s personally identifying information, the User’s User ID, or password.
Accu-Trade respects the intellectual property rights of others and expects the User to do the same. Accu-Trade has expended substantial time, effort and funds to create the Site and to create, collect and provide the Products that are available through the Site. The User understands and agrees that Accu-Trade owns (or where required, appropriate or applicable, has been licensed by third parties to use) all right, title and interest in and to the Site and the Products and services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the “Content”). The User acknowledges that the Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States and other countries, and that the User acquires no ownership interest by accessing and utilizing the Products, the Site and/or the Content. Such intellectual property and proprietary rights include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, trade secrets, know-how, and related goodwill, and all such rights are and shall remain the property of Accu-Trade and, if applicable, its licensors. Accu-Trade® is a registered trademark of Accu-Trade, LLC. All contents of this website are: Copyright 2022 Accu-Trade, LLC.
Subject to the limited license granted below with respect to the certain Products, Accu-Trade grants Users a limited license to access and make use of this Site and the Content for legitimate purposes. By accessing this Site, Users agree that they 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 Accu-Trade, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Content in any other manner or for any other purpose constitutes an infringement of Accu-Trade’s intellectual property and other proprietary rights. Users may not reproduce, copy, perform, create derivative works from, republish, upload, post, retransmit, or redistribute in any way whatsoever any Content from this Site, or any other website owned or operated by Accu-Trade, without the prior written permission of Accu-Trade. Use of the Content or any portion thereof on any other website is expressly prohibited without prior written permission from Accu-Trade. Users shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Content.
Appraisal Platform
Product Description. Accu-Trade owns or (where required, appropriate or applicable) has been licensed by third parties to use, all right, title and interest in and to the Accu-Trade Appraiser Product software (collectively, with the associated documentation and other materials, “Appraiser”). Appraiser is a vehicle valuation and pricing tool for use by validly licensed automobile dealers (“Dealers”). The vehicle valuation which Appraiser produces is conditioned upon the vehicle having a valid VIN, and the accuracy of the state of the vehicle’s condition and type of prior usage, personal or commercial, which the Dealer represents. Exceptional circumstances and causes may have an adverse effect upon the vehicle valuation process. Accu-Trade shall not be obligated to produce valuations for “Restricted Vehicles” which are: commercial vehicles; converted vehicles, vehicles with a government, police, fire, theft or livery history; vehicles subject to recall or government investigation; recreational vehicles; reconstructed or salvage vehicles; vehicles without a valid VIN; “grey market” vehicles; vehicles having in excess of 120,000 miles; vehicles older than seventeen (17) model years; vehicles with altered odometers, drivelines or bodies or illegal or non-functioning emissions equipment; flood, hail or fire damaged vehicles; vehicles with substantial mechanical or electrical damage; vehicles registered at an auto auction or offered for sale on a wholesale website within forty five (45) days prior to the attempted generation of a valuation for such vehicle; vehicles with undisclosed liens or questionable ownership; and certain other categories of vehicles which Accu-Trade may designate, from time to time, in its sole discretion. Without limiting the generality of the “Disclaimer” section below, the User acknowledges and agrees that neither Accu-Trade nor its business partners make any representation or warranty that any price generated by the Appraiser for a particular vehicle will be accurate, current, complete or otherwise comparable with prices offered in the marketplace for the same or similar vehicle.
License. Upon Dealer’s purchase of a subscription to Appraiser and Dealer’s continuous compliance with its terms and conditions, including the license fee payment terms, and the terms and conditions of this Agreement, Accu-Trade grants to Dealer a revocable, limited, non-exclusive, non-transferable license to use the Appraiser Product for legitimate and lawful purposes directly related to Dealer’s business. As between the Dealers and Accu-Trade, Appraiser constitutes Accu-Trade’s valuable proprietary intellectual property that is protected by applicable intellectual property and other proprietary rights recognized by the laws and international treaties of the United States and other countries. As a subscriber to Appraiser, Dealers represent and warrant that they are a licensed automobile Dealer pursuant to applicable laws or are representing such party and have authority to do so. Dealers agree not to modify, decompile, disassemble, reverse engineer, decode or access the code, or create derivative works from the Appraiser vehicle valuation software Product. Dealers further agrees to grant Accu-Trade a royalty-free, perpetual, worldwide, irrevocable, non-exclusive right and license to use the information and data which is used in, and results from, the use of the Appraiser Product, including but not limited to the vehicle buying and selling preferences, tendencies and demographics.
As part of the subscription for Appraiser, Accu-Trade will make available data from other third–party vehicle price guidebooks, such as NADA, Black Book, MMR and other market reports, for a subscription fee. Accu-Trade does not sponsor or endorse any of this other information which is provided solely for convenience.
Modified Connected Package
Certain OEM website programs (“OEM Program”) have restrictions which prohibit the fulfillment and billing of website applications outside the OEM Program. In these circumstances, Accu-Trade will contract with the Dealer for the modified Connected Package, which includes vehicle appraisal, access to Cars.com consumer demand, and on-board diagnostics (“OBD”) but excluding the website widget. The User must enroll in the Accu-Trade core Product containing the website widget through its OEM Program portal to obtain access to the website widget. Client will receive monthly invoices from Accu-Trade for the discounted and modified Connected Package separately from related fees invoiced through the OEM Program under core Product containing the website widget (or similar reference).
If Client does not enroll for the core Product containing the website widget in its OEM Program enrollment portal within thirty (30) days of enrollment for the Modified Connected Package, or at any time otherwise proactively opts out of the website widget, the Client will be deemed to have opted out of the website widget and Accu-Trade reserves the right to increase the price of the Connected Package without further notice.
The Connected Package will commence billing once Accu-Trade Appraisal Platform access is provided to Client via email. It is Client’s responsibility to accept and attend a training session offered by Accu-Trade at your earliest convenience in order to receive leads associated with Connected Package.
Custom Cash Offer/Instant Offer
For those consumers using or participate in the “Instant Offer” Service, Accu-Trade offers an “Instant Offer” service (the “IO Service”) whereby the User may request (i) conditional offers to purchase their used motor vehicle (excluding certain types of vehicles) from certain participating Dealers in the Accu-Trade network (each offer, a “Instant Offer”) and/or (ii) an estimated trade-in value range for the used motor vehicle, excluding certain types of vehicles (each estimate, a “Instant Estimate”). Each Instant Estimate is for informational purposes only and does not constitute, and should not be construed as, an Instant Offer or otherwise as an offer by Accu-Trade, a Dealer or any third party to purchase the User’s used motor vehicle. All Instant Offers are subject to inspection and verification of the vehicle by, or on behalf of, the purchasing Dealer, as well as the terms of, and the full compliance with, the terms of this Agreement and any other applicable terms. A participating dealer that may make an Instant Offer is referred to in this section as a “Participating Dealer.” Participating Dealers pay a monthly subscription to participate in and receive leads through the IO Service. Offers provided through the IO Service are calculated and generated by a proprietary appraisal tool intended to generate a price reflecting a liquid Instant Offer to be honored by a Participating Dealer irrespective of whether the User is purchasing another vehicle from that Participating Dealer. The IO Service is intended to guarantee to Participating Dealers that the User’s vehicle will be worth at least the amount of the Instant Offer. Participating Dealers are not owned or operated by, nor are they acting on behalf of, Accu-Trade, and, except as described herein, are not otherwise affiliated with Accu-Trade. When the User requests an Instant Offer through the IO Service, they must have possession of the actual vehicle listed, with the ability to transfer valid title as set forth herein. The User is required to provide certain identifying and contact information, which must accurately identify themselves to Participating Dealers so that they can communicate directly with the User. By using the IO Service, the User represents, warrants, and covenants that the User is not: (i) a motor vehicle dealer or (ii) listing a vehicle for sale in their capacity as an owner, employee, or representative of a motor vehicle dealer. For clarity, if the User is a motor vehicle dealer, the User may not use the Instant Offer Service to obtain an Instant Offer on behalf of a customer.
The IO Service enables Participating Dealers to obtain information about vehicles for which Instant Offers have been requested and, if applicable, to contact a seller to make an Instant Offer. We are not a party to, or otherwise guarantee the terms of, any Instant Offer or any transaction resulting therefrom. The User is responsible for any transaction they engage in resulting from an Instant Offer from a Participating Dealer. Although Participating Dealers have agreed to abide by certain customer service standards, we are not responsible for any potential fraud or other misconduct by a Participating Dealer in connection with the IO Service. As a seller, the User should exercise caution and good judgment when completing any transaction, including those involving the IO Service.
The IO Service is not available in all areas and not all vehicles are eligible. The IO Service may not be used to sell or to trade-in certain categories of vehicles, including commercial vehicles; converted vehicles, vehicles with a government, police, fire, theft or livery history; vehicles subject to recall or government investigation; recreational vehicles; reconstructed or salvage vehicles; vehicles without a valid VIN; “grey market” vehicles; vehicles having in excess of 120,000 miles; vehicles older than seventeen (17) model years; vehicles with altered odometers, drivelines or bodies or illegal or non-functioning emissions equipment; flood, hail or fire damaged vehicles; vehicles with substantial mechanical or electrical damage; vehicles registered at an auto auction or offered for sale on a wholesale website within forty five (45) days prior to submitting the User’s request for an Instant Offer; vehicles that are valued at less than $1,000; and any other category of vehicle that we, in our sole discretion, believe may adversely impact the operation of the IO Service (each, a “Restricted Vehicle”). Vehicles with an Instant Offer value greater than $75,000 may not be accepted by every Participating Dealer and may require additional inspection. If the User solicits Instant Offers for any Restricted Vehicle using the IO Service, the User may not receive an Instant Offer for such vehicle and, in the event that the User does receive an Instant Offer for such vehicle, the User acknowledges and agrees that such Instant Offer may be invalidated and that no Participating Dealer is required to purchase such vehicle from the User. Participating Dealers are required to adhere to the Instant Offer generated by the IO Service for all eligible vehicles with owners residing in the United States except for Hawaii and Alaska. For consumers residing in Hawaii and Alaska, the Instant Offer produces a price range that Participating Dealers must adhere to. Residence is determined upon zip codes. All other restrictions for the IO Service apply. Participating Dealers found to be in violation of the IO Service terms and conditions may have their access to the IO Service and to any Acc-Trade Products suspended, terminated, or modified at Accu-Trade’s sole discretion. Accu-Trade reserves the right to address such violations in a manner it deems appropriate.
The User acknowledges that if they provide any false, incomplete, or inaccurate information, including vehicle information or personal contact information, their Instant Offer may be invalidated by the Participating Dealer. By requesting an Instant Offer, the User agrees that Accu-Trade, its service providers, Participating Dealers, and/or affinity partners may use the personal contact information the User provided, including their telephone number and email address, to communicate with the User about the IO Service or other Products and services that may be of interest to the User. By requesting an Instant Offer through the IO Service, the User agrees to use the email address or any other contact information of the Participating Dealer(s) making an Instant Offer only for purposes of communicating with them about the potential sale of that vehicle.
Although a Participating Dealer is not obligated to purchase a User’s vehicle for any price other than the amount of the User’s Instant Offer (subject to User’s satisfaction of the requirements herein), the User can try to negotiate a more favorable price or a trade-in value for their vehicle and, of course, the User is always free to sell or trade in their vehicle outside of the IO Service. The sale price that the User could receive for the User’s vehicle in the open market or from another source may be different than the amount of the User’s Instant Offer received through the IO Service.
To use the IO Service to receive an Instant Offer from a Participating Dealer: (1) the User’s vehicle must be located in a market in which the IO Service is offered and registered in the same state as the location of the applicable Participating Dealer; (2) the User must be the registered owner of the vehicle; (3) the User must possess a valid driver’s license or other form of valid government-issued photo ID; (4) the User must provide accurate, complete, and truthful personal contact information and responses to all questions included in the online questionnaire, including those relating to the description and condition of the User’s vehicle; and (5) the User must deliver their vehicle, with a valid registration and either clear and unencumbered title in the User’s name or complete documentation regarding any lease obligations or liens on the user’s vehicle (including, for example, contact information for their lender or leasing company, relevant account information and the current loan payoff amount or lease early termination fee for the User’s vehicle), within 72 hours of the issuance of the User’s Instant Offer, to the Participating Dealer for inspection by, or behalf of, the Participating Dealer.
The User is responsible for the information contained in the vehicle questionnaire, the content of all communications the User transmits through the IO Service, and any other information the User provides. We may perform random or selective quality assurance tests to confirm that individuals who request an Instant Offer through the IO Service are not automobile dealers and are prepared to sell such vehicles through the IO Service. By using the IO Service, the User agrees to cooperate in these quality assurance tests. If the tests reveal, or we otherwise learn, that a seller is violating these Terms and Conditions or engaging in other unfair or deceptive practices, Accu-Trade may, in its sole discretion, deny that seller use of the IO Service.
Following the User’s delivery of the applicable vehicle to the designated location, their Participating Dealer will conduct a mandatory vehicle inspection free of charge to confirm the vehicle description and condition information that the User provided as part of their request for an Instant Offer. This confirmation inspection must include use of the Appraisal Platform and may include a road test, a mechanical inspection, a review of vehicle history reports and disclosure statements regarding flood, salvage, and/or odometer discrepancies (including rollbacks), and any other reasonable tests and/or inspections that the Participating Dealer deems necessary or advisable. In the event that the inspection reveals misrepresentations and/or inconsistencies in the vehicle condition identified by the User, the Participating Dealer may (1) refuse to purchase the vehicle or (2) provide a revised Instant Offer to the User based on the actual condition of the vehicle as determined through the inspection (for clarity, such revised Instant Offer shall invalidate and replace any prior Instant Offers created prior to the Participating Dealer’s inspection). The User acknowledges and agrees that Accu-Trade has no involvement in, or liability in connection with, the Participating Dealer’s inspection of the User’s vehicle.
Upon the satisfactory inspection of the User’s vehicle by the Participating Dealer, and subject to any payments necessary to clear title as set forth below, the Participating Dealer will either: (1) issue the User a check or (2) issue the User a credit against the sale price of a vehicle available in its inventory, either of which will be in the amount of the valid Instant Offer as reduced by such payments as may be required to secure the release of all applicable liens and lease obligations and the receipt of a clear and unencumbered vehicle title. All checks will be made payable to the vehicle owner(s) named on the vehicle title.
If the User have negative equity in the User’s vehicle (i.e., the User’s outstanding loan balance or lease payment obligation exceeds the amount of the User’s Instant Offer), the User will be responsible for paying the difference between the Instant Offer price and the amount needed to clear the title to the User’s vehicle by certified check or other form of payment acceptable to the Participating Dealer before the User’s transaction can be completed. If the User has positive equity in the User’s vehicle, the Participating Dealer will issue the User a check or a credit, as applicable, for the difference between the amount needed to clear the title to the User’s vehicle and the Instant Offer price. The Participating Dealer will assist the User with processing of the paperwork and payments necessary to settle the User’s loan or lease obligations and to obtain a clear title to the User’s vehicle. The process of the Participating Dealer issuing the User a check in connection with the User positive equity in the User’s vehicle typically takes ten (10) to fourteen (14) days following delivery of a vehicle to a Participating Dealer but could take longer in some circumstances.
Payment to the User in consideration of their Instant Offer may be made by check, wire, credit card, or other form of payment, regardless of any reference to “cash offer” or “cash payment” (or similar).
THE ACCU-TRADE ENTITIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE USER WILL BE ABLE TO SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR THEIR VEHICLE, RECEIVE ANY INQUIRIES OR SOLICITATIONS FROM POTENTIAL PARTICIPATING DEALERS, OR RECEIVE ANY INSTANT ESTIMATE RELATING TO, OR INSTANT OFFER FOR, THEIR VEHICLE FOR SALE. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF AN ACTUAL OR POTENTIAL TRANSACTION INVOLVING THE IO SERVICE, THE USER AGREES TO LOOK SOLELY TO THE PARTICIPATING DEALER FOR THEIR REMEDY.
Custom Cash Offer/Instant Offer
“Accu-Trade Purchase Notice” means a notice given by a Subscribing Dealer with respect to a particular Dealer Vehicle to Accu-Trade through the Trade Admin Portal within the time specified in Section 2.2 that the Subscribing Dealer desires Accu-Trade to purchase the Dealer Vehicle.
“Business Day” means a day other than a Saturday, Sunday, or other day on which commercial banks in New York City are authorized or required by Law to be closed for business.
“Restricted Vehicle” “Restricted Vehicles” mean commercial vehicles; converted vehicles, vehicles with a government, police, fire, theft or livery history; vehicles subject to recall or government investigation; recreational vehicles; reconstructed or salvage vehicles; vehicles without a valid VIN; “grey market” vehicles; vehicles having in excess of 120,000 miles; vehicles older than seventeen (17) model years; vehicles with altered odometers, drivelines or bodies or illegal or non-functioning emissions equipment; flood, hail or fire damaged vehicles; vehicles with substantial mechanical or electrical damage; vehicles registered at an auto auction or offered for sale on a wholesale website within forty five (45) days prior to the generation of a Consumer Offer or Confirmed Dealer Offer, as applicable, for such vehicle; vehicles that the CARS would value at less than $1,000; vehicles with undisclosed liens or questionable ownership; and certain other categories of vehicles which Accu-Trade may designate, from time to time, in its sole discretion.
“Subscribing Dealer” means a vehicle dealer that subscribes to an Accu-Trade Product or a CARS Product that includes the Instant Cash Offer Remarketing Guarantee.
“Trade Admin Portal” means an online portal accessible through the internet (including through mobile applications) maintained and hosted by Accu-Trade and made available through Accu-Trade or CARS product through which Subscribing Dealers can manage Consumer Offers and Dealer Vehicles, including putting a Dealer Vehicle to Accu-Trade pursuant to the Instant Cash Offer Remarketing Guarantee.
(a) Either
(1) the Subscribing Dealer validates the information provided by the consumer in the consumer Offer within 72 hours of its origination and gives the Accu-Trade Purchase Notice through the Trade Admin Portal within 48 hours after the purchase of the Dealer Vehicle from the consumer as a result of a consumer offer and receives confirmation that the offer has been accepted by Accu-Trade via the Trade Admin Portal (a “Confirmed Consumer Offer”); or
(2) within 48 hours of grounding the Dealer Vehicle, the Subscribing Dealer obtains a value for the Dealer Vehicle through the Trade Admin Portal using the same methodologies used by a Subscribing Dealer to validate a Consumer Offer and receives confirmation that the offer has been accepted by Accu-Trade via the Trade Admin Portal (a “Confirmed Dealer Offer”) and gives the Accu-Trade Purchase Notice. Notwithstanding anything to the contrary herein, the Parties agree and acknowledge that the option set forth in this Section is only available in the United States and not in any other country, including, but not limited to, Canada.
(b) The Subscribing Dealer shall have accurately represented the condition of such Dealer Vehicle to Accu-Trade, as may be confirmed by Accu-Trade, including accurately entering and validating any vehicle information and condition as required in the Trade Admin Portal.
(c) The Subscribing Dealer shall have, at its own cost and risk, within 72 hours after the Subscribing Dealer has given the Accu-Trade Purchase Notice through the Trade Admin Portal delivered such Dealer Vehicle to the applicable delivery location (provided, however, that non Business Days shall toll the foregoing 72 hour window). Accu-Trade shall provide to each Subscribing Dealer through the Trade Admin Portal the delivery location applicable to such Subscribing Dealer. Accu-Trade may change the applicable delivery location which change shall be applicable to Dealer Vehicles subject to Accu-Trade Purchase Notices given after the change has been posted to the Trade Admin Portal.
(d) If Accu-Trade or its authorized agent elects to physically inspect the Dealer Vehicle at the delivery location promptly, but no later than 72 hours following its arrival (provided, however, that non-Business Days shall toll the foregoing 72 hour window), Accu-Trade shall have to its commercially reasonable discretion, verified the Dealer Vehicle’s make, model, year, condition and other criteria to ensure that the Subscribing Dealer’s representations regarding the Dealer Vehicle are complete and accurate; and
(e) Prior to the payment of the purchase price, the Subscribing Dealer shall have delivered to Accu-Trade a clean certificate of title (free and clear of all liens and encumbrances) to the Dealer Vehicle no later than 21 days after receiving the Confirmed Consumer Offer or Confirmed Dealer Offer, as applicable. Accu-Trade shall have no obligation to purchase or to arrange transportation of a Dealer Vehicle back to the Subscribing Dealer in the event Accu-Trade commercially reasonably determines that the Subscribing Dealer has failed to satisfy any of the foregoing requirements, or if it is determined that the Dealer Vehicle is a Restricted Vehicle. Notwithstanding the foregoing, in the event the Subscribing Dealer fails to deliver the Dealer Vehicle to the delivery location within the required time, Accu-Trade may, in its sole discretion, revalue the Dealer Vehicle at the delivery location using the same methodology used to establish the Confirmed Consumer Offer or Confirmed Dealer Offer (as applicable) price and pay the Subscribing Dealer the revised price.
Purchase Price. Upon the satisfaction of all of requirements, Accu-Trade or its affiliates shall, in no later than 72 hours (provided, however, that non-Business Days shall toll the foregoing 72 hour window), make an electronic funds transfer or mail a check (such amount, the “Dealer Payment”) to the Subscribing Dealer in the amount of: (a) in the case of Dealer Vehicles the Accu-Trade Purchase Notice, the purchase price set forth in the Confirmed Consumer Offer. For the avoidance of doubt, if the Confirmed Consumer Offer includes a price that was manually adjusted (up or down) by the Subscribing Dealer, the price payable by Accu-Trade under this subsection
(a) shall be deemed to be the price initially generated by the Software for the Confirmed Consumer Offer not taking into account the manual adjustment; or
(b) in the case of Dealer Vehicles the Accu-Trade Purchase Notice, the amount set forth in the Confirmed Dealer Offer. Provided that a Subscribing Dealer has satisfied all of the requirements (including delivery of the applicable Dealer Vehicle to the Delivery Location), Accu-Trade shall not charge such Subscribing Dealer for any fees, costs or expenses in respect of the Instant Cash Offer Remarketing Guarantee.
Accu-Trade has registered a designated agent with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)). If the User believes that their copyrighted material is being used on this Site without required permission, please notify Accu-Trade’s designated agent at: 1373 Lancaster Road, Manheim, Pa 17545, Attn: James R Sibel, Copyright Agent.
By submitting information and material to the Site or to Accu-Trade, whether by email, telephone or other mode of communication, or through access to and use of the Site or the Content, including but not limited to access to and use of Appraiser, the User thereby expressly grants Accu-Trade a royalty-free, perpetual, transferable, irrevocable, non-exclusive right and license to use, access, edit, store, enhance, make and have made, reproduce, modify, adapt, copy, reproduce, distribute, broadcast, publish, perform, display publicly, translate, prepare derivative works of, and otherwise use and distribute, such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed, and to sublicense such rights through multiple tiers, subject to our Privacy Policy, as set forth on this Site. Accu-Trade reserves the right to modify the Site, the Content, and Products, and to edit or reject any User-submitted information and material or portion thereof from use on the Site, Content, or Products in its sole discretion and without notice.
The User’s access and use of the Site and the materials, Products and services available on or through the Site or Accu-Trade is at their own initiative and risk. In connection with the User’s access to and use of the Site, they are responsible for compliance with all applicable U.S. federal, state and local laws, regulations and policies of all relevant jurisdictions. The User agrees to comply with all applicable local rules regarding online acceptable conduct and acceptable Content.
For the User’s convenience, certain hyperlinks may be provided on the Site which link to other websites that are not under the control of Accu-Trade. Accu-Trade does not sponsor or endorse such websites and is not responsible for the accuracy, Content or any aspect thereof. Accu-Trade disclaims all liability for such websites, and for any use of the links to such websites or use of such websites themselves. Accu-Trade also disclaims all liability and makes no representations or warranties for any Products or services made available, sold or provided to the User by any third party. The User’s 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. The User agrees that they will bring no suit or claim against Accu-Trade arising from or based on their use of, or the offer or purchase of Products or services on or through, such other websites. Links do not imply that Accu-Trade 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 Accu-Trade or any of its affiliates.
It is the User’s responsibility to take precautions to ensure that any information, materials, software or data that the User accesses, uses, downloads or otherwise obtains on or through the Site and Accu-Trade are: (i) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for which the User, or their Company, may desire to use them; and (ii) free of viruses and other destructive routines. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, ALL MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE AND THROUGH ACCU-TRADE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. ACCU-TRADE DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, ACCU-TRADE DOES NOT REPRESENT, WARRANT OR COVENANT THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE AND THROUGH ACCU-TRADE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH THE USER, OR THE USER’S COMPANY, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCU-TRADE MAKES NO WARRANTY OR GUARANTY OF THE MATERIALS, PRODUCTS OR SERVICES OF ANY LINKED SITE.
NEITHER ACCU-TRADE, ITS AFFILIATES, PARENTS OR SUBSIDIARIES, BUSINESS PARTNERS AND ASSOCIATES, CONTRACTORS, SUPPLIERS, CO-BRANDERS AND OTHER SIMILAR ENTITIES, NOR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES, INCLUDING ACCU-TRADE, AS LISTED HERETOFORE IN THIS SENTENCE, COLLECTIVELY, THE “ACCU-TRADE ASSOCIATES”), SHALL BE LIABLE TO THE USER, THE USER’S COMPANY, OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USER’S USE, NEGLIGENT USE OR NON-USE, OR THE USER’S RELIANCE ON OR FAILURE TO RELY ON THE SITE, THE CONTENT, AND THE MATERIALS, PRODUCTS AND SERVICES ACCESSIBLE, ACCESSED OR USED ON OR THROUGH THE SITE OR ACCU-TRADE; (B) ANY DECISIONS MADE OR NOT MADE, OR ACTIONS TAKEN OR NOT TAKEN BY THE USER, THE USER’S COMPANY, OR ANY THIRD PARTY WITH REGARD TO, IN RELIANCE ON, OR AS A RESULT OF, ACCESS AND USE OF THE SITE, THE CONTENT, AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR ACCU-TRADE; (C) ACCU-TRADE’S PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR (D) THE USER’S PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH ACCU-TRADE OR ITS WEBSITE, OR BY THIRD-PARTY WEBSITE LINKS TO AND FROM THIS WEBISTE. UNDER NO CIRCUMSTANCES SHALL THE ACCU-TRADE ASSOCIATES BE LIABLE TO THE USER, THE USER’S COMPANY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE, NEGLIGENT USE OR NON-USE OF MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR ACCU-TRADE, THE USE, COPYING OR DISPLAY OF THIS SITE OR THE CONTENT, TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, EVEN IF THE APPLICABLE ACCU-TRADE ASSOCIATE WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN RECOGNITION OF THIS LIMITATION OF LIABILITY, THE USER HEREBY WAIVES ANY AND ALL CLAIMS ASSOCIATED WITH THE USER’S USE OF THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE, ACCU-TRADE OR ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF THE ACCU-TRADE ASSOCIATES SHALL BE LIMITED IN ACCORDANCE WITH THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF ANY OF THE ACCU-TRADE ASSOCIATES ARE FOUND LIABLE TO THE USER OR ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE ACCU-TRADE ASSOCIATES’ COLLECTIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED THE HIGHER OF US $100.00 OR THE TOTAL LICENSE FEES PAYABLE BY DEALER FOR THE USE OF THE APPRAISER PRODUCT IN SUCH CALENDAR YEAR, AND THE USER SHOULD IMMEDIATELY DISCONTINUE USE OF THE ACCU-TRADE WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED THROUGH THIS WEBSITE.
The User agrees to indemnify, defend and hold all of the Accu-Trade Associates harmless from and against all claims, demands, suits or other proceedings (“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 Content, data or information the user submits, posts to or transmits through the Site, the User’s access to and use, negligent use or non-use of the Content, the Products, the Site and other materials, Products and services available on or through the Site or Accu-Trade, the User’s violation of this Agreement or the User’s violation of any rights of another. The User agrees to notify us within seven (7) days of the filing of any Claim, and we reserve, and the User grants to us, the right to participate in or assume exclusive defense and control of any matter subject to indemnification by the User. All rights and duties of indemnification set forth herein shall survive termination of this Agreement.
The User and Accu-Trade are independent parties, and this Agreement is not to be construed to create a partnership, joint venture, agency or employment relationship. This Agreement and the Accu-Trade Privacy Policy referenced herein (as each may be revised and amended from time to time according to their respective terms, in Accu-Trade’s sole discretion), together with any applicable licenses or services agreements between the User or their Company and Accu-Trade and/or our business partners and associates, co-branders and other similar entities collectively constitute the entire Agreement with respect to the User’s access to and use of the Site and the materials, Products and services available on or through the Site or Accu-Trade. Our electronically or otherwise properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement and the User agrees that they shall not contest the admissibility or enforceability of Accu-Trade’s copy of this Agreement in a court in connection with any proceeding arising out of this Agreement. Accu-Trade may assign its rights and duties under this Agreement at any time to any party without notice. The User may not assign this Agreement without the prior written consent of Accu-Trade. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected, and the invalid or unenforceable term shall be replaced with a valid provision that best embodies the intent of this Terms of Use so that the Terms of Use shall remain in full force and effect. Accu-Trade’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Accu-Trade of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Accu-Trade and the User or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third party. Each provision of this Agreement which by its nature or terms survive any termination or expiration of this Agreement, including but not limited to terms relating to Disclaimer, Limitation of Liability and Dealer Indemnification, shall survive any expiration or termination of this Agreement, regardless of the cause thereof. Accu-Trade may provide any required notices to the User by email, regular mail, postings on the Accu-Trade website, or by any other customary and reasonable means.
When the User visits the Site, or sends emails to us, they are communicating with us electronically. The User consents to receive communications from us electronically and agrees 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 Accu-Trade, regarding Accu-Trade, its affiliates and selected partners, email support@accu-trade.com and/or select the unsubscribe link on electronic communication.
This Agreement and any transactions consummated thereunder 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, and the User agrees to the venue in the courts within the State of Illinois. Any legal action arising out of or related to this Agreement and the User’s access to and use of this Site and/or its Products or services must be commenced within one year after the cause of action arises. THE USER AGREES AND UNDERSTAND THAT ACCU-TRADE AND THE USER EACH WAIVE THE USER’S RESPECTIVE RIGHT TO A TRIAL BY JURY. Accu-Trade and the User each agree to use the User’s best efforts to settle any dispute or claim arising out of, or relating to, any matters related to interpretation, construction or enforcement, or otherwise in connection with this Agreement, the Accu-Trade Privacy Policy referenced herein, or otherwise related to or in connection with the User’s access to and use of this Site and the materials, Products and services available on or through this Site or Accu-Trade. If Accu-Trade and the User cannot reach a written settlement agreement within thirty (30) days of the raising of the controversy or claim, Accu-Trade and the User shall submit any controversy or claim arising out of, or relating to, this Agreement to binding arbitration in the State of Illinois as set forth below.
Accu-Trade and the User agree that this “Arbitration” section shall be construed and interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq. Accu-Trade and the User agrees that any and all Claims (defined below) shall be submitted to final and binding Arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules (www.adr.org/commercial) (“AAA Rules”). Judgment may be entered on the arbitration award by a court of competent jurisdiction. The User and Accu-Trade agree that Claims submitted to arbitration shall be decided in a single arbitration before a single arbitrator who must be on the AAA National Roster of Commercial Arbitrators and selected in accordance with the AAA Rules. The arbitrator shall have the authority to award the same damages, including reasonable attorney’s fees, and all other relief that a court can award. The User acknowledges and agrees that the User voluntarily and knowingly entered into this Agreement and chose to use the Site and the services offered by it rather than companies that offer similar services and who may not have an arbitration agreement.
ACCU-TRADE AND THE USER AGREES THAT ANY DISPUTES, CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THEIR ACCESS TO AND USE OF THE SITE AND/OR ITS PRODUCTS OR SERVICES (“CLAIMS”) 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. ACCU-TRADE AND THE USER AGREES THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME CLAIM UNLESS ARISING FROM THE SAME TRANSACTION. FURTHERMORE, ACCU-TRADE AND THE USER AGREES THAT NEITHER THE USER NOR ACCU-TRADE 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.
Although this Site is intended for Users in the United States, the Site can be accessed from countries around the world. Accu-Trade makes no representation that the Site, or the services and Products available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its services or Products 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, Accu-Trade 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.
Please contact us with any questions regarding this Site, any Products or services provided through the Site, or these Terms of Use by email at support@accu-trade.com or by calling our customer service line at (832) 374-6043.
For general questions, the user may email us at feedback@cars.com or use our online feedback form.
If the User has any questions or comments about these Terms, our Privacy Policy, or the ways in which we collect and use their personal information, the User’s choices and rights regarding such use, or wish to exercise the User’s rights under California, Nevada or other state law, please do not hesitate to contact us at:
Phone: 312.601.5000
Email: Privacy@cars.com
Finally, the User may also mail us at:
Cars.com, LLC
Attn: Privacy at Customer Care
300 S. Riverside, Suite 1000
Chicago, IL 60606
©2022 Accu-Trade, LLC, 300 S. Riverside Plaza, Suite 1000, Chicago, IL 60606
Last Updated — November 2022