Welcome to the THIScar, LLC Terms of Use Agreement (“Terms”). These Terms apply to your use of this website, any associated sites, services, applications, or platforms (“Sites”). If you are using the Sites on behalf of an organization, you are agreeing to these Terms for that organization and affirm that you have the authority to bind that organization to these terms. Please review these Terms carefully, as they affect your legal rights. Your use of the Sites constitutes your agreement and acceptance of the Terms. If at any time you do not accept the Terms, stop using the website. As used in these Terms, “THIScar,” “us,” “our,” or “we” refers to THIScar, LLC., which owns and operates the Sites. “You” and “Your” mean the user(s) of the Sites.
THESE TERMS CONTAIN BOTH A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION. THESE PROVISIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY USING THE SITES, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THEM, INCLUDING THE MANDATORY INDIVIDUAL ARBITRATION PROVISION AND THE CLASS ACTION/JURY TRIAL WAIVER PROVISION. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE SITES AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE SITES.
By using this Site, you expressly agree not to reproduce, modify, adapt, edit, post, translate, publicly display, telecommunicate, upload to, transmit, distribute, store, create derivative works of the Site or otherwise publish any of the Site throughout the World, in any media, now known or hereafter devised. We reserve the right to investigate your use of the Site and to take any appropriate action against you that we determine is necessary in our sole discretion if you violate these Terms, or otherwise create liability or damage for use, other Site visitors, or any other third party. The following is a partial list of the kinds of activities that are prohibited on or through the Site:
All content on the Sites (including but not limited to graphics, drawings, design, text, software, selection, and arrangement) is protected by copyright laws in the United States. We grant you permission to use the Sites and its contents for your own personal use. You may not access, download, copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any part of the content or Sites for commercial purposes, whether on behalf of yourself or a third party. All THIScar trademarks, service marks and trade names are trademarks or registered trademarks of THIScar, LLC. All other product names, logos, brands, trademarks and registered trademarks are property of their respective owners.
The Sites may allow you to share things like comments, photos, messages, or documents with us or with other USERS. When you share your content, you continue to own the intellectual property rights to your content, and you are free to share the content with anyone else wherever you want. However, to use your content on our Sites, you need to grant us a license for any content that you create or upload using our Sites. When you upload, transmit, create, post, display or otherwise provide any information, materials, documents, media files or other content on or through our Sites (“User Content”) you grant us an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, publish, publicly perform and publicly display the User Content (“User Content License”), to the full extent allowed by Applicable Law.
We do our best to keep User Content safe, but we’re not responsible if any of your User Content or other data is lost. You should keep local copies or make backups of contents and other data in the event something goes wrong.
YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY US OR OTHER USERS). YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT OR OTHERWISE AUTHORIZED TO GRANT US THE USER CONTENT LICENSE; (II) THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD-PARTY RIGHTS; (III) THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER APPLICABLE LAW.
We welcome you to share User Content and information about our products and services through social media. When you use social media to share Site content, you grant us the right to reproduce and publish your social media posting and to use the username / social media handle that you used when sharing the content. You are responsible for complying with the terms and conditions of social media platforms.
If you are a copyright owner or an agent thereof and believe that any content on our Sites infringes upon your copyrights, you may submit a notification (“Notification”) pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site.
You can send your DMCA Notice to legal@thiscar.com. A copy of your DMCA Notification will be sent to the person who uploaded the material addressed in the Notification.
Please be advised that under Section 512(f) of the Digital Millennium Copyright Act you may be held liable for damages and attorneys’ fees if you make material misrepresentations in a DMCA Notification.
If you, the user, receive a DMCA Notification because your content is claimed to infringe a copyright, but you believe in good faith that your content is not infringing or that you have authorization to use the material, you may respond to the DMCA Notification by sending a counter notification (“Counter Notification”) to our DMCA Agent (whose contact information is provided above) that includes:
If you submit a DMCA Counter Notification, a copy of the counter notification, including your name and contact information, will be sent to the copyright owner or person who provided the DMCA notification. Please note that sending a DMCA Counter Notification may not result in your content being restored to our services if the copyright owner chooses to file suit against you within ten (10) business days of receiving the counter notification.
We engage a network of partners and service providers to furnish you with useful content and functionality in connection with our Sites. This may include information, links, advertisements, chat services, or other content or functionality provided by third parties (“Third-Party Services”). We are not responsible for, and have no control over, any Third-Party Services, and we aren’t liable for any damages or losses that are caused by any Third-Party Services.
While we try to make our Sites error-free, we do not guarantee that the content provided through the Sites is complete, current, or error-free (including content related to product availability, specifications, features, or prices). If we discover errors, we will make reasonable efforts to correct them. In some cases, product measurements and descriptions are approximate and provided only for ease of explanation or convenience.
This Site provides information, including, but not limited to, specific product pricing, product specifications, used car values, extended service agreements, financial calculators, current financing offers, and basic company information for informational purposes only and nothing contained herein constitutes financial advice or an offer to sell, finance, purchase or lease a specific product or service to you unless otherwise expressly acknowledged and apparent from the content. Prices listed on this Site exclude tax, title, registration, temporary tag, service charge, and other fees. See vehicle listing for additional details. Review individual vehicle listings for additional information.
Finance, purchase, or lease options are offered by third-party lenders only on approved credit and may not be available in all areas of the United States. Rates and requirements vary based on each lender's underwriting guidelines. Although we may assist you in locating financing through third-party lenders, including by offering an online pre-qualification application, we are not the lender and do not make financing offers or financing decisions.
This Site shall not be used or relied upon by you as a substitute for information that is available to you from an Off Lease Only representative.
You are responsible for complying with United States and foreign export controls and for any violation of such controls, including any United States embargoes or other rules and regulations restricting exports. You represent that you are not: (1) located in, or a resident or a national of, any country subject to a government embargo or other restriction, or that has been designated by any government as a “terrorist supporting” country; or (2) on any government list of restricted end users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES SHALL BE DEEMED TO ALTER OUR DISCLAIMER OF WARRANTY REGARDING OUR SITES, OR TO CREATE A WARRANTY OF ANY SORT FROM US. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT OUR SITES OR THE CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER; (ii) WILL BE FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS; OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE SITES WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY SERVICES, ADVERTISEMENTS, CONTENT, OR ANY OTHER PRODUCT, SITES OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH OUR SITES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY, OR DATA, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY OTHER INTANGIBLE LOSSES. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND EVEN TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE REASONABLE GIVEN THE BENEFITS OF THE SITES AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.
You agree to indemnify, defend, and hold harmless us, our licensors, our agents, and all officers, directors, and employees from any and all third-party claims, actions, losses, damages, liabilities, judgements, grants, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of our Sites or use by any person that you allow to use our Sites that is not in accordance with these Terms, (ii) any breach of these Terms by you or by any person that you allow to use our Sites, or (iii) any violation of any laws or regulations or the rights of any third party by you or by any person that you allow to use our Sites.
DISPUTES WITH THIScar ARISING IN ANY WAY FROM THESE TERMS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY.Any controversy, claim or dispute arising out of or related to these Terms, the Site, and your relationship with THIScar, LLC, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the dispute or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by the American Arbitration Association, in accordance with its rules for the resolution of consumer disputes ("AAA Rules") and applying Texas Law. You waive any right to bring your dispute or claim in court except as permitted by the AAA Rules. Arbitration fees will be allocated in accordance with the AAA Rules. All proceedings brought pursuant to this section will be conducted in Harris County, Texas before a single arbitrator. Arbitrations may be conducted on the basis of papers only if both parties agree. You further agree that, to the fullest extent permitted by applicable law, (i) any and all claims, judgments, and awards shall be limited to direct damages, and in no event will you be entitled to receive attorneys' fees or other legal costs; and (ii) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental, special, or consequential damages, and any other damages, and any and all rights to have damages multiplied or otherwise increased.BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW EXCEPT IN ACCORDANCE WITH THE AAA RULES.Any court proceedings related to these Terms, the Site, and your relationship with THIScar, LLC, including any court proceedings permitted by the AAA Rules, will be brought in the state or federal courts of Harris County, Texas, and each party consents to the jurisdiction of such courts. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.
The Sites may contain links to third-party websites or resources. THIScar does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.
Our Sites are intended for use within the United States of America. Claims about our products or services are limited to the United States, unless otherwise disclosed. The Sites are intended to solely promote products that are sold in the United States. We do not represent or warrant that the Sites are appropriate or available for use outside the United States.
The formation, existence, construction, performance, validity, and all aspects whatsoever of these Terms will be governed by the law of the State of Texas, without reference to its choice of laws principles. These Terms will not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Notwithstanding the foregoing, we may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.
These Terms, our Privacy Policy , any additional terms that accompany our Sites, any amendments, and any additional agreements you may enter with us shall constitute the entire agreement between you and us with respect to our Sites and supersede all prior or contemporaneous oral or written communications, proposal, and representations with respect to our Sites or any subject matter covered by these Terms. If any provision of these Terms is deemed to be invalid, illegal, or unenforceable (in whole or in part), then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. You may be subject to additional terms and conditions that govern your use of third-party services, content, or software.
If we do not exercise or enforce any legal right or remedy which is set out in these Terms or which we have the benefit of under any Applicable Law, this will not be construed as a formal waiver of our rights or remedies and such rights or remedies will remain available to us.
Nothing in these Terms gives you a right to use the THIScar name or any of the THIScar trademarks, logos, domain names, and other distinctive brand features. All rights, title, and interest in and to our Sites (excluding content provided by third parties) are and will remain the exclusive property of THIScar and its licensors. If you choose to make available any comments, ideas, feedback, or suggestions, we will be free to use such comments, ideas, feedback, or suggestion as we see fit and without any obligation to you.
Binding Arbitration Opt Out.You may opt out of this binding arbitration agreement. In doing so, neither you nor THIScar can compel the other to arbitrate. To opt out, you must notify THIScar within 30 days of initially becoming subject to this arbitration agreement by emailing legal@thiscar.com. Your notice must include your full name, postal address, email address and a clear statement that you want to opt out of this arbitration agreement.
Any provisions within these Terms that by their nature should continue to be in effect, shall survive the expiration or termination of these Terms, and remain valid and binding.
Depending on which of our products or services you use, additional terms may apply (“Additional Terms”). Additional Terms may also apply for promotions, sweepstakes, contest, giveaways, or similar programs. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control.
From time to time, we may change these Terms in our sole discretion. We reserve the right to make these changes without notice, though we will update the “Last Updated” line at the beginning of these Terms after each revision. You are responsible for regularly reviewing these Terms, and your continued use of the Sites following any changes indicates your acceptance of those changes.