Effective Date: August 5, 2013
Welcome to AutoTrader.com. In this Visitor Agreement, the terms "AutoTrader.com," "we," "us," and "our" refer to AutoTrader.com, Inc. and the terms "you" and "your" refer to you as a user of this website.
- By using this website, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and AutoTrader.com; please read it carefully. When using this website, you may be subject to other posted terms and guidelines applicable to certain services available on this website. All terms and guidelines on this website, including our Privacy Statement, are part of this Visitor Agreement. Unless explicitly stated otherwise, any features or services available at any time on this website are subject to this Visitor Agreement. Accessing this website in any manner, even through automated means, constitutes your use of the website and your agreement to be bound by this Visitor Agreement. AutoTrader.com may change the terms of this Visitor Agreement from time to time and will revise the effective date when it does so. Your continued use of this website after the posted effective date constitutes your agreement to be bound by this Visitor Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. AutoTrader.com may change, restrict access to, suspend, or discontinue this website, or any portion thereof.
- The material that appears on this website is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the site may, from time to time, contain errors. Our site includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this website, and you should not rely on it without independent verification.
- We invite you to bring to our attention any materials or information on our website that you believe to be inaccurate. Please forward a copy of the materials or information to our Customer Service Manager, along with an explanation of the inaccuracies.
Buying and Selling Vehicles
- AutoTrader.com is a vehicle listing and information service that brings together buyers and sellers. AutoTrader.com is not a party to any transaction between vehicle buyers and sellers that originates on or through this website. Information about a particular vehicle is supplied by the seller, not by AutoTrader.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
- Though we hope that all who come to AutoTrader.com will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. When using this website to find a buyer for your vehicle or a vehicle to purchase, we urge you to use the same common sense and good judgment you would use in selling a vehicle through, or responding to, a classified ad in the newspaper.
- Please read our fraud awareness tips before you buy or list a vehicle on our website. There is no substitute for healthy skepticism and your own good judgment.
Buying a Vehicle
Listing Your Vehicle
- In addition to the other terms to redeem an offer that you have received through the AutoTrader.com Trade-In Marketplace ("Trade-In Program"): (1) your vehicle must be located in a market in which the Trade-In Program is offered; (2) you must be the registered owner of the vehicle in question; (3) you must possess a valid driver's license or other form of valid government-issued photo ID; (4) you must not be an automobile dealer or an employee or agent of an automobile dealer; (5) the personal contact information and the information about your vehicle that you provide in response to our online questionnaire must be accurate, complete, and truthful; and (6) you must deliver your vehicle, with a valid registration and either clear and unencumbered title in your name, or complete documentation regarding any lease obligations or liens on your vehicle (including, for example, contact information for your lender or leasing company, relevant account information, and the current loan payoff amount or lease early termination fee for your vehicle) within 72 hours of the issuance of your Trade-In Marketplace offer ("Offer") to a participating dealer in our network (a "Participating Dealer"). The Participating Dealer will inspect your vehicle to confirm its condition and accuracy of the other information that you submitted about your vehicle online. Based on the results of this confirmation inspection (more information below) reported by the Participating Dealer, the dollar amount of your Offer may be adjusted up or down prior to redemption.
- The Trade-In Program is not available in all areas and not all vehicles are eligible for Offers. The Trade-In Program may not be used to sell or to trade in current model year (or newer) vehicles, commercial vehicles, vehicles with a police, fire, livery or taxi history, reconstructed or salvage vehicles, vehicles without a valid Vehicle Identification Number (VIN), vehicles not originally built for the United States market or that were imported illegally or outside of official manufacturer channels (i.e., "gray market" vehicles), vehicles older than 17 model years, vehicles with altered drivelines or bodies or illegal or non-functioning emissions equipment, vehicles registered at an auto auction or offered for sale on a wholesale website within 45 days, and vehicles that we would value at less than $1,000. You may use the Trade-In Program to sell or trade in a maximum of three vehicles in any six-month period. Vehicles with an Offer value greater than $75,000 may not be accepted by every Participating Dealer and may require an additional inspection.
- Although the majority of Offers generated by the Trade-In Program will be delivered within moments of submitting a valid request, some requests require manual review. This manual review process usually will be completed within minutes of submitting a request but occasionally may take until the next business day.
- You acknowledge that if you provide us with any false, incomplete or inaccurate information, including, without limitation, vehicle information or personal contact information, your Offer will be immediately invalidated. By requesting an Offer, you agree that we, our service providers, and Participating Dealers via any method per the contact information that you supplied, may contact you about vehicles or other products and services that may be of interest to you. By supplying a mobile number, you consent to receive calls or texts at that number, whether manually or automatically dialed, from us and from Participating Dealers. You do not have to provide us with a mobile number as a condition of obtaining an Offer.
- BY REDEEMING AN OFFER, YOU AGREE NOT TO SUE AUTOTRADER.COM, ITS AFFILIATES, OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF ANY VEHICLE SALE OR TRADE-IN TRANSACTION THAT YOU ENTER INTO WITH A PARTICIPATING DEALER. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF SUCH A TRANSACTION, YOU AGREE TO LOOK SOLELY TO YOUR PARTICIPATING DEALER FOR YOUR REMEDY AND NOT TO THE RELEASED PARTIES.
- For your convenience, we make available a variety of links to other websites that we do not operate where you can obtain automotive-related products and services, including insurance, warranties, financing, and inspection services.
- If you choose to purchase an inspection through a third-party website for a vehicle that you are interested in buying, remember that an inspection is not a warranty. Although inspections can be of significant value in the purchase of a pre-owned vehicle, an inspection is not a guarantee that the inspected vehicle is free from defects or that the inspectors have identified all existing defects. Before you purchase inspection services, you should confirm with the inspector the location at which the inspection will be conducted. You are responsible for coordinating and arranging the inspection. You release AutoTrader.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.
- Although we make available links to the websites of third-party providers of products and services, we are not responsible for the prices, terms, quality, reliability, or performance of the products or services provided by them. Your correspondence or business dealings with, or participation in the promotions of, vendors or other third parties found on or through our website, including payment and delivery of goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred as the result of such dealings with or the presence of such third parties on our website.
- For your convenience, we make available links to websites operated by dealers that list their vehicles on the AutoTrader.com website. Although we or our affiliates may power some of these dealer websites, we are not responsible for any of the content that appears on these websites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse, or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our website, or that may be accessible through a link from our website, and you release AutoTrader.com and our affiliates from any damages that you may incur, and agree not to assert any claims against any of them, arising from your entry, participation, or acceptance of any prize in any such sweepstakes or contest offer.
Refer a Seller Terms
- AutoTrader.com, Inc. may, from time to time, offer users of the Sell Your Car service (the "Service") the opportunity to earn rewards by referring friends to use the Service on AutoTrader.com ("Referral Program"). We reserve the right to amend or terminate the Referral Program at any time for any reason.
- The terms in this Refer a Seller section ("RAS Terms") shall apply to your participation in the Referral Program. By participating in the Referral Program, you agree to use the Referral Program in the manner specified in these RAS Terms. If you do not agree to these RAS Terms in their entirety you are not authorized to register as a Referrer or to participate in the Referral Program in any manner. You may not participate in the Referral Program where doing so would be prohibited by any applicable law or regulations.
- Participation in the Referral Program may require you to submit personal information, such as name and e-mail address, about yourself and your friends, family members or colleagues (collectively "Participants"). The personal information will be collected, processed and used in accordance with our Privacy Statement. In addition, personal information may be used by us, or on our behalf, to contact Participants about the Referral Program and to receive communications from us.
Participation in the Referral Program
- A Qualified Referral means that all the following conditions are met:
- A Qualified Referral means that all the following conditions are met:
Ownership and Permissions
- The AutoTrader.com website is provided to our end users for their personal, non-commercial use only. The materials on this website are the property of AutoTrader.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Visitor Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this website. You may display and occasionally print a single copy of any page of this website for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this website without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on this website, in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on AutoTrader.com should be sent to our Customer Service Manager, AutoTrader.com, 3003 Summit Boulevard, Suite 200, Atlanta, Georgia 30319 or to Customer Service.
- You are free to establish a hypertext link to this website so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by AutoTrader.com or any of our affiliates. However, without our prior written permission, you may not frame any of the content of AutoTrader.com, nor incorporate into another website or service any intellectual property of AutoTrader.com or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in this Visitor Agreement should be sent to our Customer Service Manager, either by email or to the mailing address above.
- AutoTrader.com¬, AutoTrader», and the AutoTrader.com logo are all trademarks owned by us or our licensors. The names of other products and services referred to on the website may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on AutoTrader.com without the prior written consent of the owner of the mark.
- You acknowledge that by transmitting or posting any material on or through our website, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the website. Among other uses of user materials, AutoTrader.com uses listings data to derive useful information (such as vehicle valuation information) for display, sale and distribution.
- Our website allows users to publish listings, ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Visitor Agreement and to the policies of their third-party providers.
- You assume total responsibility and risk for your use of any interactive areas of our website. You acknowledge that any of the user-generated content posted or transmitted through our website represents the views of the author, and not of AutoTrader.com. You also acknowledge that your use of or reliance on such content is at your own risk.
When publishing anything to our site or using any social media tools or interactive features, you agree that you will not post or transmit:
- any copyrighted material unless you own or control the copyright in and to such material;
- profanity in subject lines, messages, or signatures;
- any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
- material that contains advertisements or commercial solicitations; or
- material discussing illegal activities or linking to websites that deal with such activities.
You further agree that you will not attempt or do any of the following:
- interfere with or disrupt the AutoTrader.com website or our computer systems, servers, or networks;
- collect information about others without their consent;
- interfere with the use of our website by any other individual or party;
- share any user name and/or password you have on our website with any other persons.
- Without limiting any of AutoTrader.com's other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on AutoTrader.com or on our affiliated websites and services, and/or a ban from creating new accounts.
- Although AutoTrader.com cannot monitor all of the listings and content posted to our website, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Visitor Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to our website, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, AutoTrader.com takes no responsibility and assumes no liability for any content posted to our website by you or by third parties.
TerminationYou agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of our website to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this Visitor Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the website, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the website or any part of the website.
Disclaimer of Warranties, Limitation of Liability, and Indemnification
- IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." AUTOTRADER.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THIS WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUTOTRADER.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS WEBSITE BY YOU OR ANY THIRD PARTY.
- UNDER NO CIRCUMSTANCES WILL AUTOTRADER.COM OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF AUTOTRADER.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH THIS WEBSITE.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
- YOU AGREE TO INDEMNIFY AUTOTRADER.COM AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE OR ANY BREACH OF THIS VISITOR AGREEMENT.
- To obtain access to certain AutoTrader.com services (for instance, to manage your private seller listing on our site), you may be required to register on our website. As part of the registration process, you will be required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing AutoTrader.com through any username/password assigned to you. You will notify AutoTrader.com's Customer Service Manager of any known or suspected unauthorized use of your account via email.
- AutoTrader.com reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Statement.
Notice of Copyright InfringementIf you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending an email to firstname.lastname@example.org or by sending a notice by U.S. Mail to: AutoTrader.com, 3003 Summit Boulevard, Suite 200, Atlanta, Georgia 30319, Attn: Legal Department/Copyright. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the AutoTrader.com website the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
- We want potential buyers visiting AutoTrader.com to feel free to share their email addresses with those listing vehicles for sale on our website. By accessing this website, you agree not to use information concerning other users of AutoTrader.com, or the vehicles they have listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle.
- This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of Georgia, without regard to its choice of laws rules. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia in all disputes arising out of or relating to this Visitor Agreement or the use of this website.
- Please report any violations of this Visitor Agreement to our Customer Service Manager.