By accessing and using this website and any of its pages, you accept and agree to be bound by the Terms of Service set forth below.
ACCEPTANCE OF TERMS. ZadCars (“Zad Cars”, “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 (collectively, “Services”). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website, 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 or the Services. These Terms of Service also apply to any co-branded or framed version of this website. Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service. This website is controlled and operated by ZadCars from its offices within the United States. Makes no representation that information or materials available on this website 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.
USER CONDUCT You are authorized by ZadCars to access and use the Services, including the information on this website, solely for your personal, non-commercial use. The information and materials displayed on this website 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 ZadCars’ 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 any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose. In order to access certain features of this website 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 ZadCars 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. ZadCars 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 ZadCars), 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 ZadCars for use in accessing the Services.
SERVICES All information provided on this website 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, Target Price, Estimated Price, or Estimated Savings, either reflects or is based on ZadCars’ analysis of market data and does not reflect a dealer’s price for a vehicle consistent with your preferences. Any savings information that you may receive from ZadCars Payment Estimate, is provided directly to you by the selling dealer or user, and is not provided by ZadCars. Neither the accuracy of information provided on this website by selling dealers and users, nor the availability, quality, or safety of vehicles, is guaranteed or controlled by ZadCars, and ZadCars assumes no responsibility for the foregoing. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding vehicle availability, condition, pricing, and the like are not the responsibility of ZadCars and should be directed to the dealer or third party vendor. 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 that you believe to be inaccurate; please forward a copy of such material and your reasons for your believe to us. By using the Services, you acknowledge and agree that participating dealers may not have in inventory a new vehicle that exactly matches any virtual vehicle you may configure on the website, and certain models or configurations may not be available. For the avoidance of doubt, ZadCars is solely a car deal advisor, research and communications platform. ZadCars is not a vehicle seller, dealer, or agent for vehicle sellers or dealers, nor a provider of, or agent for, other automotive-related products or services offered by third parties. ZadCars does not receive a fee from the participating dealers or third-party service providers in connection with the Services.
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.
RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES ZadCars reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. ZadCars 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 ZadCars shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
INDEMNIFICATION You will indemnify, defend and hold harmless ZadCars and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “ZadCars 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 ZadCars Entity, subject to such ZadCars 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 ZadCars Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a ZadCars Entity without its prior express written consent.
DISCLAIMER OF WARRANTIES THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, 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 NON-INFRINGEMENT. IN ADDITION, ZADCARS 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 ZADCARS OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. ZadCars is not responsible for making repairs to any vehicle. If you have complaints or concerns about defects or repairs, please contact the dealer, seller, or manufacturer directly.
LIMITATION OF LIABILITY; WAIVER IN NO EVENT SHALL THE ZADCARS 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 OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, 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 IS TO STOP USING THE SERVICE AND/OR WEBSITE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE ZADCARS 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 OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
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.
NOTICE ZadCars may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that ZadCars will have no liability associated with or arising from your failure to maintain and supply ZadCars with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.
CHOICE OF LAW; VENUE; CLASS ACTION WAIVER. The Terms of Service and the relationship between you and ZadCars are governed by the laws of the State of California without regard to its conflict/choice of law provisions, and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and ZadCars, shall be brought exclusively in the state or federal courts located in Los Angeles County, California. You and ZadCars waive any and all objections to the exercise of jurisdiction over the parties by such courts and venue in such courts. ANY CLAIM AGAINST ANY OF THE ZADCARS ENTITIES SHALL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. AS SUCH, YOU AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION SUIT AGAINST ANY OF THE ZADCARS ENTITIES. You may not be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, including this website, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
GENERAL INFORMATION These Terms of Service may be amended from time to time without notice in ZadCars’ 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. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and ZadCars and govern your use of the Services, including this website, and supersede any prior version of these Terms of Service between you and ZadCars with respect to the Services. The failure of ZadCars 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 us.
These Terms of Service were last updated on August 24, 2013.
ZadCars, 14140 Ventura Blvd. Suite 205, Sherman Oaks, CA 91423