Terms of Use
This Terms of Use applies to websites owned and operated by Member Auto Center, LLC, 9601 Jones Rd., Suite 108, Houston, Texas 77065 ("Member Auto Center", “MemberAutoCenter.com”, “MAC” or "Company"). Such websites are referred to herein as "Member Auto Center Websites."
The Member Auto Center Websites, including the services and features contained herein, are offered to you, the user, conditioned on your acceptance of, and agreement in the manner set forth herein to be bound by, without modification, all the terms and conditions contained within these Terms of Use ("Terms of Use"). The Terms of Use also apply to any co-branded or framed version of the Website.
By accessing, browsing and/or using the Member Auto Center Websites, you represent that you are of legal age to enter into this User Agreement and you acknowledge that you have read, understood, and agree, to be bound by the Terms of Use and the terms of the Member Auto Center Privacy Policy, which is incorporated by reference into these Terms of Use and can be reviewed by clicking on the following link: Privacy Policy, and to comply with all applicable laws, rules and regulations associated with your use of the Member Auto Center Websites. If you do not agree to the Terms of Use, you are not authorized to use the Member Auto Center Websites. The material provided on the Member Auto Center Websites is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Member Auto Center Websites are controlled and operated by Member Auto Center from its offices within the United States. Member Auto Center makes no representation that materials available on the Member Auto Center Websites are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Member Auto Center Websites from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
Description of Member Auto Center Services
Member Auto Center is an online service offering consumer purchase requests and marketing resources to car dealers and providing consumers with the information they need to purchase new and used cars. Member Auto Center offers innovative products and services to help consumers buy, and automotive dealers, and other vehicle sellers (dealers, and other vehicle sellers are collectively referred to herein as "Vehicle Sellers") sell used and new cars. Member Auto Center helps automotive consumers research vehicles; connecting dealers in various states with motivated car buyers. Through its flagship website (www.memberautocenter.com), Member Auto Center continues its dedication to provide credit union members and consumers with a comprehensive and positive automotive research and purchasing experience. Member Auto Center offers valuable shopping and research features to help credit union members and consumers buy automobiles, including new and used car research, new and used car price quotes supplied by automotive dealers, new and used car vehicle listings, as well as information and links to credit union providers of auto finance, and other products and services.
As an online marketing and referral service for the automotive industry and for related products and services, Member Auto Center is NOT a Vehicle Seller, a broker or agent for Vehicle Sellers or a provider of or broker or agent for auto financing, insurance or other automotive-related products or services offered by third parties ("Product and Service Providers"). Content and information displayed on the Member Auto Center Websites is being provided for educational purposes only. The Member Auto Center Websites are designed to enable users to obtain online and offline price, payment and financing quotes from participating Vehicle Sellers and Product and Service providers. Member Auto Center does not provide these prices or payment quotes and is not responsible for any such quotes or other information provided by Vehicle Sellers or Product and Service Providers. All quotes are estimates only and exclude state and local taxes, as well as any state and local governmental charges, including without limitation, registration, license and title fees, documentary fees, emissions certification fees and added accessories you may choose to place on a vehicle. On occasion, errors by the Vehicle Sellers or Product and Service Providers may occur in the entry of condition, warranty, pricing and/or payment data that forms the basis of such quotes furnished through Member Auto Center Websites. Member Auto Center is not responsible for these errors. Member Auto Center plays no part in actual sales transaction or in brokering sales transactions and has no control over the quality or safety of the vehicles advertised, nor the truth or accuracy of vehicle descriptions (including condition or installed options or equipment), the actual availability of any specific vehicle listed or the truth or accuracy of descriptions of other products or services. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease of a vehicle or the purchase of other products or services, as neither a Vehicle Seller nor a Product and Service Provider is prohibited from independently negotiating all of the terms and conditions of the final sale or lease. Any terms, conditions, warranties or representations in a written contract with the Vehicle Seller or Product and Service Provider are legally binding upon you. Member Auto Center is not a party to any transaction between you and a Vehicle Seller or a Product and Service Provider and makes no representations or warranties, implied or otherwise, with respect to any vehicles (including, without limitation, the condition of vehicles listed on a Member Auto Center Website) or any other products or services.
Because Member Auto Center is only a distributor of content and other information provided by Vehicle Dealers and Product and Service Providers, in the event of any type of dispute over a vehicle or other products or services listed or displayed on a Member Auto Center Website, you agree that any reliance on content or information provided on a Member Auto Center Website is at your own risk, and you unconditionally release Member Auto Center, its credit union clients, its affiliated companies, and each of their respective officers, directors, employees, agents, service providers, content providers and licensors (“Member Auto Center Parties”) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. Member Auto Center is not responsible for statements made by others on Member Auto Center Websites or on websites not owned or operated by Member Auto Center. Member Auto Center is not responsible for the accuracy, usefulness for a particular purpose or completeness of information provided by third parties that are available on or through the Member Auto Center Websites. A consumer’s purchase request or inquiry regarding a vehicle may have originated on a website that is not owned or operated by Member Auto Center and was referred to Member Auto Center by the third party owner or operator of the website. Member Auto Center is not responsible for any data, information, content or statements made or displayed on those third party websites. We invite you to bring to our attention any material on a Member Auto Center Website that you believe to be inaccurate. Please forward a copy of the material you believe to be inaccurate and the reasons for your belief to email@memberautocenter.com.
For your convenience, we make available a variety of links to other websites that we do not own or operate where you can obtain automotive related products and services, including insurance, warranties, financing, etc. Such links are provided for your convenience and reference only. Although we encourage you to visit such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. Member Auto Center is not responsible for the products or services these vendors provide or the statements, data, information or other content displayed on such websites. Member Auto Center’s inclusion of links to such websites does not imply any endorsement of the material on such websites.
Privacy
Member Auto Center is committed to respecting your privacy and protecting your personally identifiable information. Any information Member Auto Center may collect through your use of any Member Auto Center Website is subject to Member Auto Center Privacy Policy, which can be viewed at Privacy Policy.
Member Auto Center maintains relationships with Vehicle Sellers and Product and Service Providers for most of the products and services featured or displayed on Member Auto Center Websites, including vehicles and automotive-related products and services such as vehicle parts and service, financing, insurance, and extended warranties. The information made available to users of the Member Auto Center Websites by Vehicle Sellers and Product and Service Providers may be presented in a "framed" format, where the Member Auto Center border will surround the pages served by the Vehicle Sellers or Product and Service Providers, or by directly linking the user to the vendors' websites. In either case, be aware that any information about yourself that you provide on such pages, third party websites or via in-person, telephone or other voice communication, texting, facsimile, or emailing contact with the Vehicle Seller or Product and Service Provider is provided directly to those Vehicle Sellers and Product and Service Providers and is subject to and governed by their security and privacy policies. We encourage you to read the privacy policies of these third parties because their privacy policy and practices may differ from those of Member Auto Center, and Member Auto Center is not responsible for the use of the information the user provides to these third parties.
Referrals to Vehicle Sellers and Other Internet Marketing Companies
Member Auto Center reserves the right not to forward your purchase request to a Vehicle Seller or Product and Service Provider in its sole discretion. At its discretion, Member Auto Center will attempt to forward your request to one or more Vehicle Sellers, although Member Auto Center cannot assure you that Member Auto Center will be able to match your request with a Vehicle Seller. In addition, Member Auto Center may elect to send your request to only one Vehicle Seller even if there is more than one Vehicle Seller available to provide to you a response to your price quote request. Member Auto Center may resell your purchase request to other Internet marketing services companies that may be able to match your request with a Vehicle Seller. In certain circumstances Member Auto Center may not be able to match your purchase request to any Vehicle Seller or alternative Internet marketing Services Company, in which event you will likely not hear back from Member Auto Center or anyone referred to you by Member Auto Center, in this case also, Member Auto Center is not responsible for anything they may say to you or any agreement you may enter into with them. The statements made by any such person to you or any agreement you reach with them are strictly between you and them and Member Auto Center disclaims all responsibility.
All transactions are conducted by and fulfilled through Vehicle Sellers that are not owned by or affiliated with Member Auto Center. Member Auto Center does not guarantee vehicle prices or availability. All vehicle descriptions and prices provided to you either on a Member Auto Center Website or via separate contact by a Vehicle Seller following your submission of a purchase request are made by the participating Vehicle Sellers and not by Member Auto Center. All vehicles prices and descriptions listed as available on a Member Auto Center Website under the Member Auto Center New and Used Car inventory pages are established and electronically placed there by the participating Vehicle Seller that is offering the vehicle for sale or lease and not Member Auto Center. ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST IS PROCESSED. ALL PRICES AND TERMS ARE VALID ON DATE OF PUBLICATION ONLY. All data and information used in our research tools for configuring vehicles, selecting options, determining pricing, invoice or incentives on this Website are supplied by third party vendors for educational purposes only and are not intended to be binding on Member Auto Center or the subscribing dealer. All tools appearing on this Website that allow for configuring vehicles with different options do so with such items that are typically available from the manufacturer and are typically available at local dealerships and may not be indicative of all of the configurations and equipment available on the vehicle being configured or the exact price(s) for a vehicle so equipped. Any discrepancies or mistakes made regarding vehicle availability, condition or pricing are not the responsibility of Member Auto Center and should be directed to the dealer or third party vendor responsible for providing the information. Member Auto Center does not guarantee either expressly or by implication that Member Auto Center will find a vehicle that meets your specifications. Exact matches can be extremely difficult to find because of geographic location, vehicle popularity, and limited production or factory-to-dealer allocations.
Referrals for Automotive Credit
You are not required to apply for vehicle financing as a condition of your using a Member Auto Center Website or any of the products or services offered on a Member Auto Center Website. Independent third party credit union lenders, and not Member Auto Center, provide all vehicle-financing programs and make all credit evaluations and decisions. Member Auto Center is not a lender does not make credit evaluations or credit decisions and is not responsible for credit evaluations or decisions made by third party lenders. If you choose to apply for financing through one of the independent third party lenders that market their finance products and services on a Member Auto Center Website, you do so with this understanding. You will be asked to submit an application for credit and other documentation as the lender deems necessary in order to facilitate the loan. Payment information provided to you on Member Auto Center Websites is for educational purposes only and shall not be considered as final. Your qualification for financing and, if qualified, the actual terms of your financing will be based upon, among other things, the results of an independent credit evaluation performed by or on behalf of the third party lender, current prevailing interest rates, and the length and amount of the loan requested.
Referrals for Insurance
You are not required to apply for vehicle insurance as a condition of your using a Member Auto Center Website or any of the products or services offered on a Member Auto Center Website. Independent third party insurance companies or their brokers or agents, and not Member Auto Center, provide all vehicle insurance programs. Member Auto Center is not an insurance company or broker or agent acting on behalf of any insurance company or for the consumer and is not responsible for insurance quotes or policies made or offered by third party insurance company’s or their brokers or agents. If you choose to apply for insurance through one of the independent third parties that market their insurance products and services on Member Auto Center Websites, you do so with this understanding. You will be asked to submit an application for quotes and other documentation as the third party deems necessary in order to facilitate the quote or policy. Payment information provided to you on Member Auto Center Websites is for educational purposes only and shall not be considered as final. Your qualification for insurance and, if qualified, the actual terms of your policy will be based upon, among other things, the results of an independent evaluation performed by or on behalf of the third party.
The insurance coverage presented by participating insurers is designed to meet the insurance needs of a majority of consumers. Your particular circumstances may differ and thus may require additional information. By supplying these information resources, memberautocenter.com is not making any recommendations or providing any advice as to whether or not any particular insurance coverage is suitable for your individual circumstance. Member Auto Center does not endorse or recommend any specific insurance company or coverage plan. Your decision to select any particular insurance company and coverage plan should be based upon your own assessment of your individual needs and the amount of insurance coverage that meets those needs. Any premiums displayed are estimates and not guaranteed.
Referrals for Other Products and Services
You are not required to purchase or subscribe to any product or service as a condition of your using a Member Auto Center Website or any of the products or services offered on a Member Auto Center Website. Independent third parties, and not Member Auto Center, offer these products and services. Member Auto Center is not a broker, agent or retailer acting on behalf of any third party or for the consumer and is not responsible for any offers of products and services or for the products or services offered by third parties or their brokers or agents. If you choose to purchase or subscribe for any of these products or services, you do so with this understanding.
Advertising presented on Member Auto Center Websites
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through a Member Auto Center Website, including payment and delivery of related products 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 memberautocenter.com 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 advertising on a Member Auto Center Website.
Registration
In order to access certain features of a Member Auto Center Website, you may be required to register for a website account ("User Account). If you opt to register for a User Account, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the website. If Member Auto Center has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete or your use of the website is improper, all as determined by Member Auto Center in its sole discretion, Member Auto Center may suspend or terminate your User Account and refuse any and all current or future use of the website (or any portion thereof). You are responsible for all use of your User Account under any screen name or password by any person or entity and for ensuring that your User Account complies fully with the provisions of these Terms of Use. You will be responsible for protecting the confidentiality of your password. You acknowledge and agree that Member Auto Center may send you important information and notices regarding your account and the website by email, text messaging (if you opted in to receive this service and Member Auto Center provides it) or other means based on the information you provided. You acknowledge and agree that Member Auto Center will have no liability associated with or arising from your failure to maintain accurate information about yourself, including, but not limited to, your failure to receive important information and updates about the website. Member Auto Center may at any time, in its sole discretion, close any User Account for any reason or terminate any product or service that requires a User Account.
Rebates and Incentives
Information regarding rebates or incentives as they appear on Member Auto Center Websites is provided to Member Auto Center from independent third party data providers and republished for educational benefit only. Member Auto Center relies on third party providers for this information and thus cannot be verified by Member Auto Center. Rebate and incentive information on Member Auto Center Websites should not be and is not intended to be a substitute for direct communication between you and the manufacturer or manufacturer's dealer/agent. Any regional and national cash incentives or rebates offered to consumers by the manufacturer are exclusively between you and the manufacturer or dealer and may affect the actual sale price of the vehicle. Member Auto Center does not participate in any such program and is not responsible for ensuring the incentive amount or your receipt of such benefits.
Vehicle Values
Information regarding vehicle values as they appear on Member Auto Center Websites is provided to Member Auto Center from independent third party data providers and republished for educational benefit only. Member Auto Center relies on third party providers for this information and thus cannot be verified by Member Auto Center. Vehicle value information on Member Auto Center Websites should not be and is not intended to be a substitute for direct communicated value between you and any party or parties that will be purchasing your vehicle, or be construed as to what a vehicle you may be purchasing should be valued or priced. Any final sales price or offer for vehicles sold or purchased are exclusively between you and the party you are conducting the transaction with. Member Auto Center does not participate in any such program and is not responsible for ensuring values of vehicles or your receipt of such benefits.
Proprietary Rights and Use Limitations
Member Auto Center Websites are for your personal and non-commercial use. All materials on or available through Member Auto Center Websites, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, information or data, illustrations, artwork, software, clips and other elements making up a website (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by Member Auto Center or by other parties that have licensed or otherwise provided their materials to Member Auto Center. You may not alter, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from a Member Auto Center Website. The Content available through Member Auto Center Websites is the sole property of Member Auto Center or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Member Auto Center -owned content received through a Member Auto Center Website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by Member Auto Center licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through a Member Auto Center Website to anyone, including but not limited to others in the same company or organization without Member Auto Center’s express prior written consent.
You have no right to use any names, marks, logos, copyright titles, trademarks, service marks or other property of Member Auto Center or any third party that provides content to Member Auto Center for display on the Member Auto Center Websites, except as expressly provided herein. Any other trademarks or service marks and associated logos found herein are the trademarks or service marks of their respective owners. All rights not granted herein are hereby expressly reserved by Member Auto Center and its licensors.
We respect the intellectual property of others. If you believe that your work, trademark or other intellectual property has been copied, displayed or otherwise infringed by us or by any third party on a Member Auto Center Website, please provide the written information specified below.
· A description of the copyrighted work, trademark or other intellectual property that you claim has been infringed upon;
· The reasons why you believe an infringement of your intellectual property has occurred;
· A description of where the material that you claim is infringing is located on a Member Auto Center Website, including the URL of the page on which it appears; and
· Your address, telephone number and e-mail address.
Your written notice should be sent to Member Auto Center at the following address:
Member Auto Center, LLC
9601 Jones Road, Suite 108
Houston, Texas 77065
Attention: Executive Management
Liability Disclaimer
ALL CONTENT OR INFORMATION PROVIDED ON MEMBER AUTO CENTER WEBSITES IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN MEMBER AUTO CENTER AND YOU. IF YOU RELY ON A MEMBER AUTO CENTER WEBSITE OR ANY CONTENT, INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH A MEMBER AUTO CENTER WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, ERRORS AND/OR OTHER PROBLEMS WITH THE CONTENT, INFORMATION, PRODUCTS, AND SERVICES DISPLAYED ON OR PROMOTED OVER THE MEMBER AUTO CENTER WEBSITES. MEMBER AUTO CENTER WEBSITES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED. NEITHER MEMBER AUTO CENTER NOR ITS AFFILIATES, AGENTS AND LICENSORS, REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR INFORMATION AVAILABLE THROUGH THE MEMBER AUTO CENTER WEBSITES (OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH A MEMBER AUTO CENTER WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE MEMBER AUTO CENTER WEBSITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT A MEMBER AUTO CENTER WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEMBER AUTO CENTER AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO A MEMBER AUTO CENTER WEBSITE BY YOU OR ANY OTHER THIRD PARTY.
UNDER NO CIRCUMSTANCES WILL MEMBER AUTO CENTER OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF ANY MEMBER AUTO CENTER WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON A MEMBER AUTO CENTER WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MEMBER AUTO CENTER AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO A MEMBER AUTO CENTER WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE MEMBER AUTO CENTER WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MEMBER AUTO CENTER, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, SUPPLIERS AND LICENSORS AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY CONTENT YOU PLACE ON ANY MEMBER AUTO CENTER WEBSITE.
ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. MEMBER AUTO CENTER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. MEMBER AUTO CENTER CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. MEMBER AUTO CENTER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE.
Disclaimer for Use of CarFax Reports on this Website
CARFAX Limited Warranty. CARFAX represents and warrants that: (a) the information contained in the VHS has been legally obtained; (b) it has the right, power, and authority to provide Company with the licenses granted in this Agreement; and (c) the provision of the CARFAX Reports to Company does not violate any applicable law or governmental regulation. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION, CARFAX MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF THE CARFAX REPORTS OR THE VHS, OR THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Disclaimers; Limitation of Liability.
a. Company acknowledges that CARFAX collects data from public records and other sources to generate the CARFAX Reports, that the CARFAX Reports may contain errors and omissions, and that errors can occur in data transmission. Company acknowledges that CARFAX does not guarantee the accuracy or completeness of the CARFAX Reports, and CARFAX shall have no liability for errors or omissions with respect to the CARFAX Reports or any information received through the VHS, regardless of the cause or source of such error or omission. Company acknowledges that CARFAX’s sole responsibility in the case of erroneous data is correction of the data in question. Company will notify CARFAX if and when Company believes there may be an error in any CARFAX Report. CARFAX will research any potential error in a CARFAX Report that Company brings to its attention, and Company agrees to provide assistance and cooperation to CARFAX as necessary for CARFAX’s research into such error.
b. Company acknowledges that information that is available for some jurisdictions may not be available for other jurisdictions and that CARFAX may not have access to some information that may be available to other parties. Company also acknowledges that there may be a period of time between CARFAX’s receipt of information and its inclusion into the VHS.
c. Company acknowledges that CARFAX does not provide any conclusions regarding the condition of any vehicle. Company acknowledges that it will exercise its own independent judgment in determining the applicability, accuracy, reliability, and suitability of the CARFAX Reports and the VHS, for its own business purposes, and Company assumes full responsibility with respect to Company’s decisions and transactions using the CARFAX Reports and the VHS.
d. Company acknowledges that CARFAX may, on occasion, access Company computers and/or systems through remote access as necessary to provide customer assistance to Company. Company authorizes such remote access and permits CARFAX personnel to make changes to Company computers and/or systems as requested by Company. Company also acknowledges that CARFAX will not be liable for any additional issues that may arise during the remote assistance, diagnosis, and/or resolution process, including but not limited to accidental deletion or corruption of data, damage to the operating system, applications, or other software or hardware.
e. In no event shall CARFAX be liable for lost profits or special, indirect, incidental, consequential, punitive, or exemplary damages arising under or in connection with this Agreement, or the performance of, or failure to perform, any obligations hereunder, even if CARFAX has been advised of the possibility of such damages. The cumulative liability of CARFAX under this Agreement shall not exceed the fees paid by Company to CARFAX under this Agreement during the six (6) month period before the occurrence of the event leading to CARFAX’s liability, and such amount shall be Company’s exclusive remedy. No action, regardless of form, arising out of or pertaining to this Agreement may be brought by Company more than one (1) year after the cause of action has accrued.
No Unlawful or Prohibited Use
As a condition of your use of any Member Auto Center Website, you warrant to Member Auto Center that you will not use any Member Auto Center Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Modification of These Terms of Use
These Terms of Use may be amended from time to time without notice, in Member Auto Center’s sole discretion. Any changes to the Terms of Use will be effective immediately upon the posting of the revised Terms of Use on the Member Auto Center Websites. Please note that your use of certain materials and features of the Member Auto Center Websites may be subject to additional terms and conditions. By using those materials and features, you also agree to be bound by such additional terms and conditions.
General Terms
These Terms of Use and your use of the Member Auto Center Websites are governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Harris County, Texas, USA in all disputes arising out of or relating to the use of any Member Auto Center Website. Use of any Member Auto Center Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Member Auto Center as a result of these Terms of Use or your use of a Member Auto Center Website. Member Auto Center’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Member Auto Center’s right to comply with law enforcement requests or requirements relating to your use of a Member Auto Center Website or information provided to or gathered by Member Auto Center with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use constitute the entire agreement between you, the user, and Member Auto Center with respect to the Member Auto Center Websites and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Member Auto Center with respect to the Member Auto Center Websites. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted by Member Auto Center herein are reserved by Member Auto Center.
Questions regarding these Terms of Use should be sent to email@memberautocenter.com.
Disclaimer for Use of www.givemethevin.com (GMTV) on this Website - Sell Us Your Car Option
Disclaimers; Limitation of Liability.
a. All free, no obligation offers to purchase your vehicle are provided by www.givemethevin.com (GMTV) and in no way is this or any other offer provided by MemberAutoCenter, this website or CU Alliance Marketing, LLC (Company) or any of the participating Credit Union partners listed on or linked/attached in any way on this website.
b. You acknowledge that www.givemethevin.com (GMTV) provides a no obligation free offer to buy your vehicle. The offer provided by www.givemethevin.com (GMTV) may contain errors and omissions, and that errors can occur in data transmission. You acknowledge that www.givemethevin.com reserves the right to cancel any purchase offers at any time. You will notify www.givemethevin.com (GMTV) if and when you believe there may be an error involved with a fee appraisal offer. www.givemethevin.com (GMTV) will correct and rectify all issues and you agree to provide assistance and cooperation to www.givemethevin.com (GMTV).