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CarMarshal Terms and Conditions CarMarshal Terms and Conditions

Terms and Conditions

Terms & Conditions

CarMarshal.com is a vehicle listing and information service provided by CarMarshal Corporation. CarMarshal.com helps bring together buyers and sellers of new and used vehicles by promoting T.R.Us.T. throughout the buying and selling process. CarMarshal.com is owned and operated by CarMarshal Corporation. By using this website, you accept our Terms & Conditions. This is a legally binding agreement between you and CarMarshal.com; please read the following information carefully.

1. Acceptance of Terms & Conditions

Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and  conditions. If You do not agree to be bound by the terms and conditions herein, do not use or access our services. CarMarshal Corporation may modify this agreement at any time without notice, and such modification shall be effective immediately upon posting of the modified agreement. By continuing to use this website you agree that CarMarshal Corporation has the right to change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

2. Use of This Site

You understand and agree that the content on this site is for informational purposes only. Despite our best efforts, it is inevitable that some inaccuracies may occasionally be present. Neither CarMarshal Corporation nor our advertisers are responsible for typographical errors, mistakes, or misprints, including but not limited to, pricing errors, individual vehicle disclaimers, finance options, or an incorrect statement of features and/or accessories of a particular vehicle. To the extent permitted by applicable law. Always consult with the seller (dealer or private) over such terms, including price, dealer fees, tax, tag, title, etc. before making your final purchasing decision. We also recommend that you call the seller (dealer or private) before visiting the lot/vehicle to insure all information is correct and the vehicle is still available for purchase. CarMarshal Corporation is not responsible for, and does not guarantee the performance or condition of any such goods or services.

3. Selling Your Car

The information on vehicles provided in this service and on the Site is supplied by the seller or other third parties. CarMarshal is not responsible for the accuracy of such information, including seller-modified pricing through use of our T.R.Us.T. tool. Unless otherwise specified, prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing. Prices may, or may not, reflect the addition of local and national incentives.

4. Registration

Registration is required to access certain CarMarshal.com services. As part of the registration process, you will select a user name and a password. It is Your responsibility to keep this information secure and confidential. In the event you are concerned that your user name or password are no longer secure and confidential, you should contact us, whereupon a new user name and/or password will be generated. Without limiting the foregoing, any transactions made and accepted on the Site where your user name and password have been used (and if not previously notified us as provided herein) will be treated as valid. You agree that the information you supply during the registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. Registration is limited to persons 18 years of age or older. If You are under 18, you may not use our Sites. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

5. Trademarks, Copyrights and Restrictions

CarMarshal name and CarMarshal logo are registered trademarks of CarMarshal Corporation. All other CarMarshal trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the site are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of CarMarshal Corporation. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of CarMarshal or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin.

All the rights of industrial or intellectual property and any other distinctive sign, including without exception, contents, documents, texts and reports published on this website, as well as trademark, service mark, domain name, logo, company name, trade name or indicia of origin, of the contributors to CarMarshal.com, pertain to their authors, therefore, it is prohibited, in any means, to use, exploit, copy or reproduce them, as well as eliminating, damaging and/or modifying them, registering and/or attempting to register them, partially or totally, temporarily or permanently, presently or in the future, without the authorization by the CarMarshal Corporation.

This website is owned and operated by CarMarshal Corporation, 828 Ingleside Dr, Plano, TX. 75075. All content on this website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademark, service mark, domain name, logo, company name, trade name or indicia of origin, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by CarMarshal Corporation or its advertisers, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to CarMarshal Corporation. Content on this website or any website owned, operated, licensed or controlled by CarMarshal Corporation, advertisers, or our Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of CarMarshal Corporation, advertisers, or the Providers. No spamming or data scrapping is allowed on this, or any other website owned or operated by CarMarshal Corporation, our advertisers, or Providers. We want potential buyers visiting the CarMarshal.com website to feel free to share their email addresses with those listing vehicles for sale on our site. By listing a vehicle for sale on this site, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that vehicle. By using this website, you agree not to use information concerning other users of the CarMarshal.com website, or the vehicles they've 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.

You may request consent by emailing a request to CarMarshal Corporation at info@CarMarshal.com. Without the prior written consent of CarMarshal Corporation, advertisers, or the Providers, your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the CarMarshal.com website and/or the advertisers and Providers copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this website, you warrant to CarMarshal Corporation that you will not use our website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our website immediately terminates without the necessity of any notice. CarMarshal Corporation retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your website any trademarks, service marks or copyrighted materials appearing on this website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another website any of the content or other materials on this website without prior written consent of CarMarshal Corporation.

6. 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, OUTAGES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." CARMARSHAL CORPORATION AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT GUARANTEE or 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 THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. CARMARSHAL CORPORATION 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 OUR WEBSITE BY YOU OR ANY OTHER THIRD PARTY.

UNDER NO CIRCUMSTANCES WILL CARMARSHAL CORPORATION 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 THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO 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 OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF CARMARSHAL CORPORATION AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED 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. 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, DEFEND, AND HOLD HARMLESS CARMARSHAL CORPORATION, AND/OR OUR ADVERTISERS AND PROVIDERS, ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM ANY VIOLATION BY YOU OF THESE TERMS.

7. Rules Of Conduct

As a condition of your use of this Website, You warrant to CarMarshal Corporation that You will not use this Website for any purpose that is unlawful or prohibited by our Terms & Conditions.

The following is an incomplete list of illegal and prohibited uses of Our Website. CarMarshal Corporation may investigate any illegal and/or unauthorized use of Our Website and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. While utilizing this Website, you may not:

  • use this Website to engage in any illegal activity or the planning of any illegal activity;
  • creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication;
  • use this Website to distribute any advertising or solicitation of funds or goods and services, or to solicit users (private or dealers) to join competitive online services;
  • post on this Website any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
  • use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Service;
  • reformat or frame any portion of any web page that is part of this Website;
  • post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • submit any Material that falsely implies sponsorship of that Material by this Website and/or CarMarshal Corporation and Our partners, falsify or delete any author attributions in any Materials, or promote any information that you know is false or misleading;
  • transmit any viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, SQL injection attacks or any other items of a contaminating or destructive nature through this Website;
  • interfering, disrupting or attempting to gain unauthorized access to other accounts on this Website or any networks connected to this Website;
  • submit Material that violates the rights of others, such as Material that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user, by linking or any other method, to the content of a third party without the third party's written consent;
  • promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
  • submit or transmit statements or material that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, grossly offensive, vulgar, malicious, unlawful or promotes or encourages illegal activity.

8. Privacy

CarMarshal Corporation ("CarMarshal"), has adopted this Privacy Policy for its www.carmarshal.com website (the "Site"). The Policy describes situations in which information about users of the Site is collected, the purposes and use of that information, and choices you can make about information that pertains to you. In this Policy, CarMarshal is referred to as "we" or "our." Users of the Site are referred to as "you."

What We Do

We are an online publisher of information about vehicles and vehicle-related services (CarMarshal button). The information we publish is aggregated from people, businesses, and third parties who offer vehicles for sale. We try to make it easy to use the Site and to deliver relevant information to you and other users. In order to accomplish these goals, we need to collect information from or about users of the Site.

Franchise and Marketing Relationships

We may also establish relationships in which the Site is integrated with a third party website. The CarMarshal Privacy Policy is specific to information that is collected about users of the Site. We generally do not know, and cannot be responsible for how information about you is handled once you leave our Site.

Types of Information Collected

There are three general types of information that may be collected as a consequence of your use of the Site. The most common is what we describe as "anonymous information." It is anonymous in the sense that it ties to an IP address, i.e. the machine used to generate the visit to the Site, but provides no information that is specific to the user of that machine. The second is personally identifiable information ("PII"). PII includes your name, address, e-mail address, phone number, or other information that is specific to you. Any PII we collect or use about you would have originally been provided by you. Finally, we may obtain credit card information if you purchase products or services from us. We handle different types of user information in different ways. The type of information being collected impacts on whether or how much third party access is permitted.

Anonymous Information We Collect to Provide Better User Experience

In order to make user visits to our Site more productive and enjoyable, we use "cookies" to track those visits. A cookie collects anonymous information. It allows us to know if users of a particular computer have been on the Site before and, if so, enables us to immediately provide users of that computer with information that ties to a geographical location or previous interest. Cookies are downloaded onto your computer from our servers. They cannot be opened or run by us on your computer and they cannot infect your computer with viruses. You can disable cookies or otherwise manage them through tools provided with your browser software and with commercially available software packages. If you turn off cookies, though, many CarMarshal features will not work as well or at all. Furthermore, if you simply delete cookies, you should be aware that another cookie will be downloaded on your next visit to the Site. It is a process that happens automatically.

We also collect anonymous Site visit information in order to measure online marketing activity, to determine how the Site is working, to evaluate the content on the Site about which users are interested, and to otherwise try to make the Site meet user needs. Generally information captured for these purposes is reviewed and utilized in an aggregated fashion. That is, we focus more on number or frequency of uses than on any particular visit.

Social Media Accounts

We may collect information about you through social media accounts affiliated with CarMarshal. Unless you specifically choose to allow that information to be used in other ways (like e-mail newsletters or contests), we will only uses the information accessible as a consequence of contact by you through your social media account to contact you through the same social media channel where the original connection was made.

Personally Identifiable Information We Collect

When you register with us in order to use Site features such as CarMarshal button and T.R.Us.T. CarMarshal, it is with the purpose of enabling us to communicate directly with you to further the purposes of the services for which you are registering. We may also collect PII when you purchase products and services from us, including advertising of a vehicle, or purchase products or services from third parties through us (e.g. vehicle history reports). In those cases, our primary purpose for collecting the information is to enable prompt and accurate processing of your order. If a third party product is involved, we will provide your PII to the seller of that product for the same purpose. The seller’s use of information about you is solely governed by the seller’s privacy policy. Finally, personally identifiable information could be collected in connection with your participation in contests or other promotions organized by us. In that case, the information would be used in connection with administration of the contest or promotion. Other purposes for which PII obtained by us may be used (a) include you in email, website or direct mail announcements that contain information perceivable to be of relevance to you, and (b) to conduct audits, research or other analysis about either operation of the Site or products or services offered on the Site. You can opt out of those uses. Furthermore, we will not use your PII to contact you by telephone or text message unless you expressly consent (opt in) to that contact. Except for the relatively remote possibility described below, we will not sell, rent, or share any of your personally identifiable information to or with third parties unless you have expressly consented to that use. However, if CarMarshal were to be sold, the PII we have compiled would likely be sold as part of that transaction unless you have opted out of that use. That PII would, though, be subject to the same limitations on use by the buyer that are described in this Privacy Policy.

Credit Card Transactions

When you purchase services from CarMarshal through use of a credit card, we collect information that is of a more sensitive nature. That credit card information is used only to process orders placed with us. We utilize secure server software (SSL) to encrypt all account and personal information you input in connection with processing of an order. We also segregate customer credit card data to protect it from unauthorized access.

Personally Identifiable Information You Provide To Others Through Use of the Site

As a consequence of use of the Site, you may provide personally identifiable information to third parties, including dealers and private parties who have listed vehicles for sale on the Site. An example of this information sharing is filling out a form to obtain a price quote on a vehicle. We do not control, and are not responsible for the content or privacy practices of the recipient of information you provide to a third party via the Site. That is also true of communications with buyers or sellers of vehicles or other products and services that occur after you have left the Site. For that reason, we encourage you to be careful about information provided to parties with whom you are not familiar.

Data Security

We develop, implement and periodically review procedures that are intended to protect personally identifiable information and any sensitive financial information stored by us.

Privacy Choices

If you wish to know whether we have collected personally identifiable information about you, you can direct your inquiry to privacy@CarMarshal.com. We will use good faith efforts to respond within a reasonable time to your inquiry. Similarly, we will use good faith efforts to respond within a reasonable time to any requests to you may make to update or change any PII which has been collected by us about you. As noted previously, we will not use your PII to contact you via telephone or text message without your prior express consent (opt in). If you do not want us to use your personally identifiable information to include you in e-mail, direct mail, or website announcements, you can opt out of that use of your personally identifiable information. That opting out can be accomplished by clicking “unsubscribe” on an e-mail if that choice is provided or by contacting us at privacy@CarMarshal.com. We will not disclose your personally identifiable information to third parties for marketing purposes without your express consent (opt in). If you do not want anonymous profile information to be used by third party Ad Networks, whether on the Site or on other sites, you can opt out of that use. We try to work only with third party advertising networks who are members of the Network Advertising Initiative. Note, though, that if you thereafter delete cookies, change browsers, or use a different computer, you will need to again opt out if you wish to continue to avoid targeted advertising. If the opt out mechanism available on networkadvertising.org does not work, please feel free to contact us at privacy@CarMarshal.com. Finally, if there are legally-required opt in or opt out choices that apply to us and are different from what is in this Policy, we intend to comply with those legal requirements. Please let us know if you believe that information about you needs to be handled differently from what happens under our current practice.

Contacts

If you have any other questions or concerns, please feel free to contact us at privacy@CarMarshal.com or to write us at CarMarshal Corporation, Attention: Privacy Issues, PO Box 704113, Dallas, TX 75370.

Disputes Relating to Use of Information

By using the Site, you consent to the collection and use of information in the manner described in this Privacy Policy. If you feel that we aren’t following our Privacy Policy with respect to information about you, please contact us at the e-mail address, mailing address, or phone number contained above. Any unresolved disputes about our collection or use of information collected about you shall be subject to our Terms of Use of Site and shall be exclusively resolved by the method described in that Terms of Use.

Changes to Policy

We may change this Policy at any time. When we make changes to the policy, we will update the date in this section. Please check the Privacy Policy from time to time to see whether there have been any changes that would affect your decision to use the Site or to opt in or opt out of uses of your information.

 9. Links to Third Party Websites

 

Advertisements and promotional offers from third party advertisers, sponsors, affiliates and service providers appear on the Site. Some of those advertisements and promotions may be served on the Site by third party Ad Networks. Others are the result of advertisements or sponsorships sold by us or our franchisees. If you click on a link contained on one of those advertisements, you are accessing a website that is not owned, operated, or controlled by us. The operator of that site may have its own privacy policy, which you should carefully review and which will govern the collection and use of information on that site. We are not responsible for any PII or other information collected or provided on the site of an advertiser, sponsor, affiliate, or other entity to whose website you can link from our Site.

10. Children

In compliance with the Children's Online Privacy Protection Act, CarMarshal Corporation does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed to minors. CarMarshal’s Site products and services are neither developed for, nor directed at children. We do not offer targeting toward children under the age of 18. If you believe that your child has provided us with personal information and would like to have that information deleted, you can contact us in the manner described in the “Contacts” section of this Privacy Policy.

 

11. Termination Agreement

In the event you violate or attempt to violate any part of this Website Agreement, CarMarshal Corporation reserves the right to terminate your access to this website immediately, at our sole discretion, with or without notice of any kind. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this website. In addition, you agree to indemnify, defend, and hold harmless CarMarshal Corporation from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys' fees), relating to your use of this website that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.

13. Reservation of Rights

Any and all rights not expressly granted to you in this Legal Notice are hereby reserved by CarMarshal Corporation.

14. Severability and Integration

In the event any part of this Website Agreement is found to be unenforceable, the remainder shall continue in full force and effect. You understand and agree that this Website Agreement represents the entire agreement governing your use of this website.

15. Governing Law

This Agreement and its performance shall be governed by the laws of the State of Texas United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Colin County, the State of Texas, United States of America, in all questions and controversies arising out of your use of this site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within one (1) year from the date on which such claim or action arose or accrued.

16. Attorney's Fees

If CarMarshal Corporation takes any action to enforce this User Agreement, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

 

T.R.U.S.T. Challenge:

1. Submit to dealers to receive special offers.

2. Then use CarMarshal's automated tool to request an even better offer.