General terms
1. Warranty
Caroogo MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF OR INABILITY TO USE THE caroogo.com Web Site (“Site”), AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE.
2. Image usage
Images shown are for information purposes only, and may not necessarily represent the actual vehicle, or the configurable options selected or available for such vehicle.
3. Data liability
Reasonable efforts are made to ensure that the information included on this site is accurate; however neither dealer nor its affiliates will be responsible for typographical errors, including without limitation data transmission, display or software errors that may appear on the site. If you believe information displayed may be in error, please contact us
using the information in the “Contact Us” section of this site.
4. EPA data
References on this site to gas mileage are EPA estimated city/highway MPG based upon base engine/transmission configuration, and have not been independently verified by us. We make no representation or warranty of any nature whatsoever that your use of the vehicle will meet any figure published by the EPA.
5. Inventory
While our inventory is generally updated on a daily basis, there is no guaranty the inventory shown on this site is still available for purchase. We make every effort to provide you with accurate, up-to-date information; however for the most up-to-date information please contact us using the information in the “Contact Us” section of this site.
6. Incentives
Offers and incentives shown may not be available to all customers. Incentive lists are examples of offers available at the time of posting and are subject to change and expiration. Not all incentives can be redeemed together. Not all buyers will qualify for all incentives, and restrictions apply.
7. Pricing
Vehicle prices do not include sales taxes, title fees, license and registration fees, dealer fees, or destination or delivery/freight charges.
8. Payments
The “Monthly Payments” figures are provided for informational purposes only. The term and actual payments are based upon a number of factors, including the amount of down payment/trade-in, interest rate, loan or lease term and other factors, many of which are based upon the credit worthiness of each applicant and co-applicant, if any.
Trade-In disclaimer
Valuation calculator terms
The “trade-in value calculator” on this site is provided for information purposes only, and is based upon the information you have entered into the form. In order to obtain an actual trade-in value for your vehicle, we must physically inspect the vehicle to confirm the mileage, features, and other information you have entered is correct, and to assess the
overall condition of the vehicle. Following the inspection the vehicle will be updated from unverified to verified and you will be provided with an actual trade-in value for your vehicle which will be honored by us for a period of up to 7 working days from date of inspection assuming no additional damage has been done to the vehicle and that the mileage
is no more than five hundred (500) miles added to the odometer.
Warranty disclaimer
You expressly agree that use of the site and reliance on its content is at your own risk. Caroogo.com, its affiliates and their respective third-party licensees do not make any representations or warranties of any kind regarding the site, the software, the content, the materials, the listing service or the results that may be obtained from use of any
of the foregoing. The site, the software, the content, the materials and the listing service are provided on an “as is, as available” basis, and caroogo.com, its affiliates and their respective third-party licensees specifically disclaim any and all express or implied warranties including, without limitation, the warranties of fitness for a particular purpose, warranties of merchantability and warranties of non-infringement. Caroogo.com 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, except as expressly set forth in the sell it yourself terms and conditions, caroogo.com reserves the right to alter, the options and/or pricing on a particular vehicle
based on additional expenses that may be incurred in the preparation of a vehicle for sale.
Limitation of liability
Caroogo.com, its affiliates, and their respective owners, employees, agents, contractors and third-party licensees shall in no event be liable for any damages or losses including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the site, the software, content, the materials, the listing
service, these terms of service or otherwise (including, without limitation, damages resulting from negligence).
SMS/MMS mobile message marketing program terms and conditions
Caroogo (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through
binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an auto dialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto dialer”). Message and data rates may apply.
If I do not want to receive calls or SMS text messages, I can unsubscribe by sending a reply to the text with "S" to stop, or "H" for help, or by calling a Caroogo representative at (800) 996-1952. I understand standard text messaging rates and fees from my mobile carrier may apply. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone
number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or
any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text "H" to the number you received messages from or email us at support@caroogo.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this
Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the
necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under eighteen (18) years of age. By using or engaging with the Platform, you acknowledge and agree
that you are not under the age of eighteen (18) years. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act);
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination,
enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Louisville, Kentucky before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Caroogo’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an
individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
