TERMS OF SERVICE
Please read these Terms of Service (this “Agreement”) carefully. By clicking “accept” to this Agreement, or by accessing or using the Service (as defined below), you consent to be bound by this Agreement.
This Agreement is between you and BlueSky Marketing Group, Inc. (“Company,” “us” or “we”) concerning your use of (including any access to) the DirectCarQuotes site currently located at www.directcarquotes.com (together with any materials and services available therein, and successor site(s) thereto, the “Site”)and, as may be made available from time to time, any DirectCarQuotes application (any such application(s), together with any materials and services available in connection therewith, and successor application(s), updates and upgrades thereto, collectively, the “App”). The Site and the App are referred to collectively herein as the “Service.” This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Service, or otherwise made available to you by Company. Your use of the Service is governed by this Agreement regardless of how you access the Service, including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network or otherwise.
By clicking “accept” to this Agreement or accessing or using the Service, you affirm that you are of legal age and have the legal capacity to enter into this Agreement.
this Agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
1. Description of the Service. The Service provides Service users with information from vehicle manufacturers, dealers or other vehicle sellers, financing companies, insurance companies or any other seller of any goods or services described on the Service (each, a “Seller”) and other third parties, such as lending exchanges and information aggregators, as part of such users’ process of purchasing new and used vehicles (particularly with respect to users’ research activities). The Service is a platform for the exchange of such information and acts as a marketing and referral service for the sale of vehicles and related goods and services, including automotive financing. Any sale of any vehicle or any other good or service described on the Service is a transaction directly between the applicable Seller and the applicable buyer, and does not involve us. We are not a Seller, or a broker or agent of any Seller, and any transaction or communications between you and any Seller or lending exchange are solely between you and such Seller or lending exchange. The information made available through the Service is provided by or on behalf of Sellers or other third parties, and is being made available through the Service solely for educational purposes. We do not have control over and we do not guarantee the existence, quality, safety or legality of what is offered through the Service (including any information made available by or on behalf of Sellers or other third parties through the Service), or whether a Seller will actually complete a transaction or return an item. We reserve the right, in our sole discretion, to not forward any pricing request or other inquiry to a Seller or our lending exchange partner (e.g., even if there are several Sellers that may be able to respond to such request or other inquiry, we reserve the right to only forward your request or other inquiry to one such Seller or to no Sellers).
2. Products. The Service may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by third parties. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein, or the condition or installed options or equipment of a vehicle). You acknowledge that such listings, descriptions and images, and the availability of any Product (including the validity of any discount), may be inaccurate and are subject to change at any time without notice. Without limiting the foregoing, any information in connection with Products made available in connection with the Service is provided by or on behalf of Sellers or other third parties and we are not responsible for such information. Any Product pricing information made available by the Service is provided by a third party, and not by us or a Seller; this information is only an estimate (e.g., a “manufacturer’s suggested retail price” or dealer “invoice price”) and excludes all applicable taxes, governmental charges and costs for accessories. The availability through the Service of any listing, description or image of a Product made available by third parties does not imply our endorsement of such Product or the provider of such Product, or any affiliation with such provider. You acknowledge that Company may be compensated in connection with your use of the Service and any information in connection with such use, including, without limitation, (a) if you purchase one or more Products recommended or otherwise made available to you through the Service; (b) if you click on a link presented to you through the Service; (c) for any information you provide in connection with the Service; (d) in connection with any of your actions in response to an email, blog, or other online posting sponsored by us; (e) for any other actions you may take in connection with the Service; (f) for any information generated in connection with your use of the Service; or (g) in connection with forwarding any information that you may provide in connection with the Service to a Seller, our lending exchange partner or any other service provider, or any other third party. In addition, some of the recommendations made on the Service, or on our affiliates’ sites, may be made by persons or entities that have a financial or other interest in Company or the Products. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
3. Financing. You are not required to apply for automotive financing in connection with any use of the Service or purchase of any Product. Independent third parties, and not Company, provide all automotive financing services referenced on the Service or otherwise suggested by our third-party lending exchange partner in connection with your use of the Service (such third parties, “Lenders”). Lenders, not Company, make all evaluations and decisions with respect to automotive financing services (including with respect to applicants’ credit). Any information made available by the Service with respect to automotive financing services is provided by our lending exchange partner, and not by us; this information is only an estimate and is subject to the applicable Lender’s final confirmation and other applicable terms and conditions.
4. Changes. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your clicking “accept” to this Agreement or your access to or use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via any third-party links); charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users. We reserve the right to introduce new features or functionality for which the payment of fees may be required.
6. Jurisdictional Issues. The Service is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
7. Rules of Conduct. In connection with the Service, you must not:
- Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Service.
- Use the Service for any commercial solicitation purposes, or transmit through or in connection with the Service any spam, chain letters or other unsolicited communications.
- Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Service.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without Company’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Service, except to the extent such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Service.
- Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without Company’s express prior written consent.
- Systematically download and store Service content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Service, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Service.
8. Registration; User Names and Passwords. You may need to register to use all or part of the Service. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any actual or suspected confidentiality breach or unauthorized use of your user name or password, or your Service account.
9. Profiles and Forums. In the event that the Service permits Service users to make available certain information or materials (each, a “Submission”) through or in connection with the Service, including on profile pages or on the Service’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality(each such interactive service, a “Forum”), you acknowledge and agree Company has no control over and is not responsible for any Submissions, the use or misuse (including any distribution) by any third party of Submissions, or the acts or omissions of Service users. Without limiting the foregoing, you understand and agree that you may be exposed to Submissions that are incomplete, inaccurate or objectionable, and you agree that Company be neither responsible nor liable for any such Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Service, you do so at your own risk.
10. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to store, reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party (including any intellectual property, publicity or privacy rights), and your provision of your Submissions through and in connection with the Service and the use of your Submissions as contemplated by this Agreement are not in violation of any applicable law or any right of any third party (including any intellectual property, publicity or privacy rights). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. You further represent and warrant that Company may exercise its rights under this section without liability for payment of any fees, royalties, tariffs, levies, guild fees, residuals, or other payments of any kind, whether payable to a collective rights organization, pursuant to a collective bargaining agreement or otherwise.
11. Monitoring. We may (but have no obligation to) monitor or moderate any Forum and monitor, evaluate, alter or remove Submissions before or after they appear on the Service. We may disclose any Submissions, information regarding the user who made such Submissions available, and the circumstances surrounding their transmission to anyone for any reason or purpose (e.g., in accordance with a request by law enforcement authorities or a court order).
12. Company’s Proprietary Rights. We and our suppliers own the Site, which is protected by proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use.
The App is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device. You acknowledge and agree that Company may from time to time issue upgraded versions of the App, and may automatically deliver to your mobile device corresponding updates to, or updated versions of, the App. You consent to such automatic upgrades or updates, and agree that the terms and conditions of this Agreement will apply to all such upgrades or updates. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App.
Our trade names, trademarks and service marks include DIRECTCARQUOTES.COM, DIRECTCARQUOTES, BLUESKY, BLUESKYAUTOFINANCE.COM, BLUESKY COMPANIES, BLUESKY FINANCIAL SERVICES and any associated logos. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
13. Third Party Materials; Links. Certain Service functionality may make available access to materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
15. Disclaimer of Warranties. The Service and any Products and Third Party Materials are made available to you “AS IS” without any warranties of any kind, whether express, implied or statutory. Company disclaims all warranties with respect to the Service and any Products and Third Party Materials to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made on behalf of both Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”).
While we seek to maintain the timeliness, integrity and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at firstname.lastname@example.org with a description of such alteration and its location on the Service.
16. Limitation of Liability. Company will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses. Without limiting the foregoing, Company will not be liable for damages of any kind resulting from your use of or inability to use the Service or from any Products or Third Party Materials. You are solely responsible for all equipment and software that you use in connection with the Service, including all mobile devices, computers, telephone and internet services and related equipment and software.
Your sole and exclusive remedy for dissatisfaction with the Service or any Products or Third Party Materials is to stop using the Service. The maximum aggregate liability of Company for all damages, losses and causes of action arising out of or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, will be the greater of (a) the total amount, if any, paid by you to Company in connection with this Agreement, and (b) ten u.s. dollars ($10).
All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made on behalf of both Company and the Affiliated Entities.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
17. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Service (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
18. Termination. This Agreement is effective until your right to use the Service is terminated. Company may terminate or suspend your right to use the Service at any time and without prior notice, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Service will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 1-3, 5-11, and 13-25 shall survive any termination of this Agreement.
19. Governing Law; Arbitration. This Agreement (and all matters arising out of or relating to this Agreement) is governed by and will be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Company and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
20. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed on such sites.
21. Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to email@example.com. You may also contact us by writing to Direct Car Quotes, 130 Market Place #128, San Ramon, CA 94583, or by calling us at 1-800-715-0975. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
22. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through our Service, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to our DMCA agent as follows: By mail to Brian Hall, Direct Car Quotes, 130 Market Place #128, San Ramon, CA 94583; or by e-mail to firstname.lastname@example.org. Brian Hall’s phone number is 1-800-715-0975.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
23. Export Controls. You are responsible for complying with U.S. export controls and for any violation of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users.
24. Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control. Except as expressly provided herein, no person or entity that is not a party to this Agreement may enforce any of its provisions.
25. Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Company in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
Service © 2014–2015 BlueSky Marketing Group, Inc. unless otherwise noted. All rights reserved.