Terms of Use

1. Acceptance of Terms

Welcome to CarCall. By accessing or using our website, mobile application, or services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Services. We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of any changes.

2. Description of Services

CarCall is a platform that connects car buyers and sellers with automotive dealerships and service providers. Our Services facilitate communication between users and dealers regarding vehicle purchases, sales, trades, and related automotive services. CarCall acts as an intermediary platform and is not directly involved in the actual transactions between users and dealers.

3. User Eligibility

To use our Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Not have been previously suspended or removed from using our Services

4. Account Registration and Security

When you create an account with CarCall:

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized use of your account
• You must not share your account with others or create multiple accounts
• We reserve the right to suspend or terminate accounts that violate these Terms

5. User Conduct and Prohibited Activities

When using CarCall, you agree NOT to:

• Provide false, misleading, or fraudulent information about yourself or vehicles
• Impersonate any person or entity or misrepresent your affiliation
• Use the Services for any illegal purpose or in violation of any laws
• Harass, abuse, threaten, or intimidate other users or dealers
• Send spam, unsolicited messages, or engage in phishing activities
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated systems (bots, scrapers) to access the Services without permission
• Interfere with or disrupt the Services or servers connected to the Services
• Collect or harvest personal information about other users
• Post or transmit viruses, malware, or any harmful code
• Circumvent any security features or access controls
• Use the Services to compete with CarCall or develop a similar service

6. Dealer Responsibilities

If you register as a dealer or automotive service provider:

• You represent that you are authorized to conduct business on behalf of your dealership
• You must comply with all applicable federal, state, and local laws and regulations
• You are responsible for the accuracy of vehicle information and pricing you provide
• You must respond to CarCall inquiries in a timely and professional manner
• You must honor any commitments or representations made to users through our platform
• You are solely responsible for all transactions with users
• You must maintain appropriate licenses, insurance, and permits for your business

7. Communications and CarCalls

When you initiate or respond to a CarCall, you acknowledge that your contact information will be shared with the relevant party (dealer or user). Communications through CarCall should be professional, honest, and comply with these Terms. We may monitor communications to ensure quality, prevent fraud, and resolve disputes, but we are not obligated to do so.

8. No Warranty on Transactions

CarCall is a platform that facilitates connections between users and dealers. We do not:

• Sell, purchase, or own any vehicles listed on the platform
• Guarantee the accuracy of vehicle descriptions, pricing, or availability
• Verify the identity, credentials, or legitimacy of users or dealers
• Endorse or recommend any particular dealer or vehicle
• Control the quality, safety, legality, or condition of vehicles
• Guarantee that transactions will be completed
• Act as a party to any transaction between users and dealers

You are solely responsible for conducting your own due diligence before entering into any transaction. We strongly recommend inspecting vehicles, verifying dealer credentials, and reviewing all documentation before making any commitments.

9. Intellectual Property Rights

All content on CarCall, including text, graphics, logos, images, software, and design ("Content"), is the property of CarCall or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or reproduce any Content without our express written permission. "CarCall" and our logo are trademarks of CarCall. You may not use our trademarks without prior written consent.

10. User-Generated Content

When you submit content to CarCall (including vehicle listings, messages, reviews, photos):

• You retain ownership of your content
• You grant CarCall a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content in connection with the Services
• You represent that you have all necessary rights to the content you submit
• You are responsible for ensuring your content does not violate any laws or third-party rights
• We reserve the right to remove any content that violates these Terms or is otherwise objectionable

11. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our Services, you consent to our collection and use of your data as described in the Privacy Policy.

12. Third-Party Links and Services

Our Services may contain links to third-party websites, services, or applications that are not owned or controlled by CarCall. We are not responsible for the content, privacy policies, or practices of any third-party sites. Your interactions with third-party services are solely between you and the third party. We encourage you to review the terms and policies of any third-party services you access.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SERVICES AT YOUR OWN RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARCALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from your use or inability to use the Services
• Damages arising from transactions with dealers or other users
• Damages resulting from unauthorized access to your account or data
• Any content or conduct of third parties on the Services

IN NO EVENT SHALL CARCALL'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO CARCALL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

15. Indemnification

You agree to indemnify, defend, and hold harmless CarCall and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) any content you submit; or (e) any transaction or interaction with other users or dealers.

16. Dispute Resolution and Arbitration

Any dispute arising from these Terms or your use of the Services shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

You and CarCall agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any arbitration or legal proceedings shall take place in California. You consent to the personal jurisdiction of the courts located in California for any actions not subject to arbitration.

18. Termination

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including but not limited to violation of these Terms. You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will immediately cease, but provisions that by their nature should survive termination shall remain in effect.

19. Fees and Payments

CarCall may charge fees for certain Services or features. Any applicable fees will be clearly disclosed before you incur them. You agree to pay all fees and charges associated with your account. We reserve the right to change our fees at any time with reasonable notice. Failure to pay fees may result in suspension or termination of your account.

20. Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

21. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and CarCall regarding your use of the Services and supersede all prior agreements and understandings.

23. Contact Information

If you have any questions about these Terms of Use, please contact us at:

By using CarCall, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.