Effective Date: 9/11/2020.
By accessing or using this website/application, any of its pages, and/or any of the services referenced herein, you accept and agree to be bound by the IDEALAUTO Terms of Service set forth below.
1. ACCEPTANCE OF TERMS.
IDEALAUTO, Inc. (“IDEALAUTO,” “we,” “us,” or “our”) provides users with an online automotive information and communications platform, as well as related services that can be accessed from or through this website/application(collectively, “Services”). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website/application, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website, application, or the Services. These Terms of Service also apply to any co-branded or framed version of this website and application.
This website is controlled and operated by IDEALAUTO from its offices within the United States. IDEALAUTO makes no representation that information or materials available on this website and application are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
2. USER CONDUCT
You are authorized by IDEALAUTO to access and use the Services, including the information on this website and application, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website and application may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without IDEALAUTO's express prior written consent. Any use of data mining, robots, or similar data gathering or extraction tools or processes in connection with this website and application, and any reproduction or circumvention of the navigational structure or presentation of this website/application or its content, is strictly prohibited. You agree not to use the Services, including this website/application, for any unlawful purpose.
In order to access certain features of this website/application you may be required to register. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify IDEALAUTO in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. IDEALAUTO is not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by IDEALAUTO), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by IDEALAUTO for use in accessing the Services.
3. TELEPHONIC COMMUNICATIONS WITH IDEALAUTO AND PARTICIPATING DEALERS
You acknowledge that telephone calls to or from IDEALAUTO or participating dealers may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to IDEALAUTO or a participating dealer, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide.
You agree to indemnify, defend and hold IDEALAUTO and participating dealers harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from your voluntary provision of contact information (including a telephone number) that is not your own, and/or from your violation of any federal, state or local law, regulation or ordinance.
You acknowledge that by voluntarily providing your telephone number(s) to IDEALAUTO or participating dealers, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to pricing and offers, your account, any transaction with us, and/or your relationship with IDEALAUTO or participating dealers. You also agree to be contacted at email and mailing addresses provided by you. Consent to receive automated marketing calls/texts is not a condition of purchasing or leasing any vehicle or service. Calls or text messages may be sent by IDEALAUTO or participating dealers even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that we may add to or withdraw dealers from our list at any time, and you consent to be contacted, as explained above, by these dealers notwithstanding the date of the start of your relationship with IDEALAUTO. Your consent to be contacted applies to participating dealers that may have existed at the start of your relationship with IDEALAUTO and that may thereafter be added to our participating dealers’ list. You acknowledge that you may incur a charge for calls or text messages by your telephone carrier and that neither IDEALAUTO nor participating dealers are responsible for these charges.
You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive or follow other opt-out instructions included with the text message. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated telephone calls from IDEALAUTO (but not text messages), call 800-688-0456. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt-out of automated calls, we reserve the right to make non-automated calls to you relating to your account, any transaction, or your relationship with us. Your obligations under this Section shall survive termination of these Terms of Service.
All information provided on this website/application is for informational purposes only. Information displayed through the Services related to any virtual vehicle you may configure, such as dealer cost, factory invoice, market average, MSRP, IDEALAUTO Average, IDEALAUTO Estimate, or Estimated Savings off MSRP, either reflects or is based on available data relevant to your virtual vehicle and does not reflect a dealer's price for an actual vehicle . Neither the accuracy of information provided on this website and application is guaranteed or controlled by IDEALAUTO, and IDEALAUTO assumes no responsibility for the foregoing. You agree that any reliance on the information on this website and application is at your own risk. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease of a vehicle or of other products or services. We do invite you to bring to our attention any material on our website and application that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to firstname.lastname@example.org.
By using the Services, you acknowledge and agree that IDEALAUTO may not have in inventory a new vehicle that exactly matches any virtual vehicle you may configure on the website and application, and certain models or configurations may not be available.
6. NO COMMERCIAL USE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.
7. RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES
IDEALAUTO reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. IDEALAUTO also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that IDEALAUTO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
You will indemnify, defend and hold harmless IDEALAUTO and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “IDEALAUTO Entities”) from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Claim against a IDEALAUTO Entity, subject to such IDEALAUTO Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a IDEALAUTO Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a IDEALAUTO Entity without its prior express written consent.
9. DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE , APPLICATION OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE AND APPLICATION, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT. IN ADDITION, IDEALAUTO DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IDEALAUTO OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
10. LIMITATION OF LIABILITY; WAIVER
IN NO EVENT SHALL THE IDEALAUTO ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE , APPLICATION OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE AND APPLICATION, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE AND APPLICATINO IS TO STOP USING THE SERVICE AND/OR WEBSITE AND APPLICATION.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE IDEALAUTO ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE AND APPLICATION OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE AND APPLICATION, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IDEALAUTO may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website/application, or other reasonable means now known or hereafter developed. You acknowledge and agree that IDEALAUTO will have no liability associated with or arising from your failure to maintain and supply IDEALAUTO with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website/application.
13. TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY
You agree that all of IDEALAUTO's trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of IDEALAUTO, and that you will not display or use any of the foregoing without IDEALAUTO's prior written approval in each instance.
You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of IDEALAUTO. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
14. COPYRIGHT OR INTELLECTUAL PROPERTY COMPLAINTS
IDEALAUTO respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
a description of where the material that you claim is infringing is located on our website and application;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please send the foregoing information to us for notice of claims of copyright or other intellectual property
Ideal Automotive Software, LLC
P.O.Box 564256, College Point,NY 11356
15. GENERAL INFORMATION
These Terms of Service may be amended from time to time without notice in IDEALAUTO's sole discretion. Any changes to the Terms of Service will be effective immediately upon the posting of the revised Terms of Service on this website and application. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and IDEALAUTO and govern your use of the Services, including this website and application, and supersede any prior version of these Terms of Service between you and IDEALAUTO with respect to the Services. The failure of IDEALAUTO to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Please report any violations of the Terms of Service to email@example.com. Questions regarding these Terms of Service also be sent to firstname.lastname@example.org.
THE IDEALAUTO ENTITIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE.
Last updated on and effective as of September 11, 2020.
Ideal Automotive Software, LLC
15-23 132nd St Flushing, NY 11356