Last Updated: January 21, 2011
1. DESCRIPTION OF FROMCARTOFINISH.COM AND THESE TERMS OF SERVICE
Welcome to FROMCARTOFINISH.COM, your online resource for researching and purchasing new vehicles. FROMCARTOFINISH.COM is sometimes referred to as “us”, “we”, or “our”, FROM CAR TO FINISH, LLC, Car to Finish, or "CTF". By using this Web site, you agree to the following Terms of Service ("TOS"). These TOS may be updated by us from time to time, and we encourage you to review them often. In addition to these TOS’, when using particular CTF products and services, you and CTF may also be subject to any additional posted guidelines applicable to such services and products. When used in these Terms of Service, CTF shall also mean FROM CAR TO FINISH LLC. Please report any violations of the TOS to CTF customer service. Service as used in this TOS means use of the CTF website. Paid Service means service for which you pay FROM CAR TO FINISH.
CTF (the "Web site") provides you with access to many valuable resources, including new vehicle pricing, reviews, vehicle comparison tools/evaluators, new vehicle buying advice, payment calculators, a glossary of car buying terms, various secret "fees" that exist in the industry, an interactive worksheet for the calculation of a new vehicle price, as well as links to vehicle manufacturers. Unless explicitly stated otherwise, any new features that we may add to CTF will also be subject to these terms of service, and any other special terms of service referenced in the new feature.
3. PERSONAL USE ONLY
You may make personal use of all of the information ("Information") you access on CTF, but you may not take any of the Information and reformat and display it, or copy it on your Web site, and you may not store or migrate any of the Information or other data from CTF without written permission from CTF. By using the Service or Paid Service, you agree not to sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from, or otherwise exploit any of the Information content or data related to any portion of the Service or Paid Service. You may print a copy of particular vehicle values and prices and use the Information for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on CTF. If you want to make commercial use of CTF Information or Services, you must enter into an agreement with us to do so in advance, and we would love to talk to you about that.
4. SURVEY RESPONSES, FEEDBACK, AND OTHER CONTRIBUTIONS TO CTF
By submitting ideas, survey responses, suggestions, documents, and/or proposals ("Contributions") to CTF through its surveys, "contact us," or suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) CTF is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) your Contributions automatically become the property of CTF without any obligation of CTF to you and CTF shall be entitled to use, copy, modify, or disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Contributions for any purpose, in any way, in any media worldwide; (d) CTF may have something similar to the Contributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from CTF under any circumstances for your Contributions.
5. MODIFICATIONS AND TERMINATION OF SERVICE
CTF reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the Service or Paid Service with or without notice to you. You agree that CTF will not be liable to you for any modification, suspension or discontinuance of the Service or Paid Service. You agree that CTF may, under some circumstances and without prior notice to you, terminate your use of and access to the Service or Paid Service. Some of the reasons for such termination may include, but not be limited to, (a) a breach or violation of the TOS or other incorporated agreements or guidelines, (b) a request by law enforcement or another government agency, or if otherwise required by law (c) our decision to discontinue or change all or part of the Service or Paid Service or how we choose to provide it, (d) technical or security issues or problems, (e) fraudulent or illegal activities, (f) we are no longer providing services to users in the country in which you use the service, and (g) the provision of services is no longer commercially viable or otherwise feasible. All terminations will be made at the sole discretion of CTF, and you agree that CTF will not be liable for any termination of your use of or access to the Service or Paid Service. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and CTF have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms of Service (TOS) shall continue to apply to such rights, obligations and liabilities indefinitely.
6. YOUR DEALINGS WITH CTF ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service or Paid Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge and agree that CTF will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service or Paid Service.
7. LINKS TO OTHER WEBSITES
CTF provides links to other Web sites. You acknowledge and agree that, because CTF has no control over such sites, we are not responsible for them or the resources and information they contain. In particular, we are not responsible for the availability of services related to another Web site that has a link on CTF; we do not endorse such sites, and we are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that CTF will not be liable for any loss whatsoever for any damages caused by or incurred in connection with the use of or reliance on the information, goods or services available through any such site.
8. ADVERTISEMENTS AND PROMOTIONS
CTF has advertisements placed throughout its site from a third party that independently provides links to other Web sites. You acknowledge and agree that, because CTF has no control over such sites, we are not responsible for them or the resources and information they contain. In particular, we are not responsible for the availability of services related to another Web site that has a link on CTF; we do not endorse such sites, and we are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that CTF will not be liable for any loss whatsoever for any damages caused by or incurred in connection with the use of or reliance on the information, goods or services available through any such site.
9. PROPRIETARY RIGHTS OF FROMCARTOFINISH.COM
You acknowledge and agree that the Service and Paid Service and all materials on CTF contain proprietary and confidential information that is protected by applicable copyright, trademark and other intellectual property laws ("Proprietary Information" belonging to CTF). All materials on CTF, including such Proprietary Information, may only be used for personal, non-commercial purposes, and you agree not to sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate, store, copy or transmit any material from CTF unless and until you have obtained our prior written consent. The Proprietary Information covered by this prohibition includes, without limitation, the software programming and html and other code contained in the Web site, CTF Vehicle Values, CTF New Car Pricing information, compilations of vehicle specifications, any text, graphics, logos, photographs, audio, video, or written material or photos from audiovisual material available on this Web site. The information on the FROM CAR TO FINISH website created by CTF is proprietary and cannot be reprinted and reproduced for any commercial use without the express written permission of CTF. To seek this permission, please contact us here.
You are not permitted to reprint or reproduce the above logo without the express permission of CTF. To seek this permission, please contact us here.
10. NO ILLEGAL USE
As a condition of your use of and access to CTF you agree not to use the Services or Paid Services for any unlawful purpose or in any way that violates these TOS. You also agree not to use the Services or Paid Service in any way that could damage, disable, overburden, or impair the Web site or any CTF server, or the associated networks, or interfere with any other party's use and enjoyment of any Services or Paid Services.
11. PROVISIONS APPLICABLE TO THE LOWEST PRICE GUARANTEE
1) CTF only negotiates new vehicle purchases, and only guarantee the lowest selling price on a new vehicle purchase. The Paid Service and lowest price guarantee shall not apply to a lease. If a customer chooses to lease a vehicle after using the Paid Service, customer relinquishes all rights to a refund under the lowest price guarantee. This is automatically understood by the customer when they click the check box on the CTF order form stating they have read the CTF terms of service.
2) In order to be eligible for the lowest price guarantee, a customer must request a refund in writing within thirty (30) days after the From Car to Finish dealer quote summaries have expired, and provide the following:
1. Complete new vehicle purchase sales contract
2. Copy of vehicle window sticker (MSRP), and any addendum stickers a dealer may have added to the vehicle you purchased.
3. All rebates or incentives a customer received towards the vehicle in question.
4. Signed statement that they did not use the CTF report in any manner to receive a lower price on a purchase of a vehicle.
Failure to provide such information automatically invalidates a customer's right to a refund under the lowest price guarantee. Additionally, the lowest price guarantee is limited to the service fee applicable to the exact year, make, model, and style of the particular vehicle for which CTF shopped, less a $10 credit card processing fee.
Prior to providing a refund, CTF reserves the right to verify the information provided by the customer.
This is automatically understood by the customer when they click the check box on the CTF order form stating they have read the CTF terms of service.
3) If a customer uses the CTF price report in any manner to receive a lower price on a purchase of a vehicle, it shall automatically void the lowest price guarantee. The customer understands this, and CTF reserves the right to use any means at our disposal to verify this once a refund is requested. The lowest price guarantee shall be void and without recourse if it is found that a customer got quotes from a dealer outside the general metropolitan area that CTF has shopped and use them as leverage with dealers in the area CTF has shopped. This area is defined as the greater metropolitan area the customer had CTF shop in, or the nearest 4 dealers if in a rural area. This is automatically understood by the customer when they click the check box on the CTF order form stating they have read the CTF terms of service.
4) Any previous existing relationship a customer may have with any employee at a dealership they are considering buying a vehicle from shall not be taken into account nor preserved if they utilize the CTF paid service. This is automatically understood (but not limited to as a sole method) by the customer when they click the check box on the CTF order form stating they have read the CTF terms of service.
12. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE OR PAID SERVICE IS AT YOUR SOLE RISK. CTF PROVIDES THE SERVICE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. CTF AND ITS OWNERS, MEMBERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- CTF AND ITS OWNERS, MEMBERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE OR PAID SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE OR PAID SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR PAID SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR PAID SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS WILL BE CORRECTED.
- ALL MATERIAL AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICE OR PAID SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESSING OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CTF OR ITS AFFILIATES OR PARTNERS THROUGH OR FROM THE SERVICE OR PAID SERVICE SHALL CREATE ANY WARRANTY WHATSOEVER.
- VEHICLE VALUATIONS ARE OPINIONS AND MAY VARY FROM VEHICLE TO VEHICLE. ACTUAL VALUATIONS ARE BASED UPON CURRENT AVAILABLE INFORMATION AND ANALYSIS OF MARKET CONDITIONS, AND WILL VARY DEPENDING ON SPECIFICATIONS, VEHICLE CONDITION OR OTHER PARTICULAR CIRCUMSTANCES PERTINENT TO A PARTICULAR VEHICLE OR THE TRANSACTION OR THE PARTIES TO THE TRANSACTION. CTF ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF VEHICLE VALUES AND NO RESPONSIBILITY FOR ERRORS OR OMISSIONS.
- CTF DOES NOT RECOMMEND OR ENDORSE A PARTICULAR VEHICLE FOR YOUR USE. CTF IS NOT RESPONSIBLE IF YOU ARE IN AN ACCIDENT, OR IF THERE IS MECHANICAL BREAKDOWN OF THE VEHICLE, NOR FOR THE CONSEQUENCES OF AN ACCIDENT OR MECHANICAL BREAKDOWN, NOR ANY OTHER MATTER. ANY SUGGESTIONS WITH RESPECT TO SPECIFIC VEHICLES OR BRANDS ARE BASED ON STATISTICS THAT ARE PUBLICLY AVAILABLE AND INFORMATION THAT IS PROVIDED BY MANUFACTURERS AND DEALERS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CTF AND ITS OWNERS, MEMBERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CTF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR PAID SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR RECEIVED OR TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SERVICE OR PAID SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE SERVICE OR PAID SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE OR PAID SERVICE. 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 LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY. In those jurisdictions where the above provision for limited liability is not applicable, or where CTF may otherwise be liable to you, such liability shall not exceed the sum paid by you to CTF. THE LIMITATIONS ON FROMCARTOFINISH'S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT CTF HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14. INDEMNITY AND RELEASE
When you use CTF, you are agreeing to indemnify CTF, its owners, members, subsidiaries, affiliates, officers, employees, partners, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the CTF Website, your use of the Service or Paid Service, or your submission of Contributions as set forth in Section 4 above. By using CTF, you are agreeing to release CTF, and its owners, members, subsidiaries, affiliates, officers, employees, partners, and licensors from any and all claims, fees, costs, damages and obligations of any kind whatsoever that you may have against them arising out of or in any way related to such claims or obligations and to any disputes regarding use of ideas and/or related materials submitted to CTF. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
15. CHANGES AND UPDATES TO THESE TERMS OF SERVICE
CTF may occasionally update or change these Terms of Service, so we encourage you to view them often. Your continued use of the Service or Paid Service constitutes your agreement to these TOS and any updates.
16. GENERAL TERMS:
- Choice of Law and Forum. The TOS and the relationship between you and CTF shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and CTF agree to submit to the personal and exclusive jurisdiction of the courts located within Montgomery County, Maryland for the resolution of all disputes arising under this Agreement. Notwithstanding this provision, CTF shall be permitted to obtain injunctive relief in any jurisdiction.
- Waiver and Severability of Terms. The failure of CTF to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
- Entire Agreement. The TOS constitutes the entire agreement between you and CTF and governs your use of the Service or Paid Service, superseding any prior TOS with respect to the Service or Paid Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CTF services, affiliate or third-party services.
- You agree that CTF may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services or Paid Services.
- You agree that if CTF does not exercise or enforce any legal right or remedy which is contained in the Terms (or which CTF has the benefit of under any applicable law), this will not be taken to be a formal waiver of the rights of CTF and that those rights or remedies will still be available to CTF.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- You acknowledge and agree that each member of the group of companies of which CTF is or may in the future be the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.