By accessing or using this website, any of its pages and/or any of the services referenced herein, you accept and agree to be bound by the Terms of Service set forth below.
1. ACCEPTANCE OF TERMS.
Carl Street, Inc. ("Carl Street", "we," "us," or "our") provides users with an online automotive information and communications platform, as well as related services that can be accessed from or through this website (collectively, "Services"). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website, you accept and agree to be bound by these Terms of Service ("Terms of Service") and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services. These Terms of Service also apply to any co-branded or framed version of this website.
Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.
This website is controlled and operated by Carl Street from its offices within the United States. Carl Street makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
2. USER CONDUCT
You are authorized by Carl Street to access and use the Services, including the information on this website, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Carl Street’s express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose.
In order to access certain features of this website you may be required to register a user account. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account, whether undertaken by you or a third party. You agree to immediately notify Carl Street in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session by logging out. Carl Street is not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by Carl Street), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Carl Street for use in accessing the Services.
3. TELEPHONIC COMMUNICATIONS WITH CARL STREET AND PARTICIPATING DEALERS
You acknowledge that telephone calls to or from Carl Street or participating dealers may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to Carl Street or a participating dealer, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide.
You agree to indemnify, defend and hold Carl Street and participating dealers harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from your voluntary provision of contact information (including a telephone number) that is not your own, and/or from your violation of any federal, state or local law, regulation or ordinance.
You acknowledge that by voluntarily providing your telephone number(s) to Carl Street or participating dealers, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to pricing and offers, your account, any transaction with us, and/or your relationship with Carl Street or participating dealers. You also agree to be contacted at email and mailing addresses provided by you. Consent to receive automated marketing calls/texts is not a condition of purchasing or leasing any vehicle or service. Calls or text messages may be sent by Carl Street or participating dealers even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that we may add to or withdraw dealers from our list at any time, and you consent to be contacted, as explained above, by these dealers notwithstanding the date of the start of your relationship with Carl Street. Your consent to be contacted applies to participating dealers that may have existed at the start of your relationship with Carl Street and that may thereafter be added to our participating dealers list. You acknowledge that you may incur a charge for calls or text messages by your telephone carrier and that neither Carl Street nor participating dealers are responsible for these charges.
You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive or follow other opt-out instructions included with the text message. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated telephone calls from Carl Street (but not text messages), call [insert phone number]. To opt-out of receiving automated telephone calls or texts from participating dealers, please contact the dealer directly. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, we reserve the right to make non-automated calls to you relating to your account, any transaction, or your relationship with us. Your obligations under this Section shall survive termination of these Terms of Service.
All information provided on this website is for informational purposes only. Information displayed through the Services related to any virtual vehicle you may configure, such as dealer cost, factory invoice, market average, MSRP, Average, Carl Street Estimate, or Estimated Savings off MSRP, either reflects or is based on available data relevant to your virtual vehicle and does not reflect a dealer's price for an actual vehicle consistent with your preferences. Any savings information that you may receive from a selling dealer or user, such as Estimated Member Savings, Estimated Member Price, Guaranteed Savings, Member Savings, Certified Dealer MSRP Discount, Total Dealer Fees and Accessories, Total Before Tax, or Estimated Carl Street Dealer Price is provided directly to you by the selling dealer or user, and is not provided by Carl Street. NEITHER THE ACCURACY OF INFORMATION PROVIDED ON THIS WEBSITE, NOR THE AVAILABILITY, QUALITY, OR SAFETY OF VEHICLES, IS GUARANTEED OR CONTROLLED BY CARL STREET, AND CARL STREET ASSUMES NO RESPONSIBILITY FOR THE FOREGOING. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding vehicle availability, condition, pricing, and the like are not the responsibility of Carl Street and should be directed to the dealer or third-party vendor. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease of a vehicle or of other products or services. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to [insert e-mail address].
By using the Services, you acknowledge and agree that participating dealers may not have in inventory a new vehicle that exactly matches any virtual vehicle you may configure on the website, and certain models or configurations may not be available. Your dealer will confirm vehicle availability, including available options and colors, from actual inventory. Each dealer sets and controls its own pricing. You may negotiate the purchase price directly with the dealer, and Carl Street plays no role in that negotiation. The savings information communicated directly to you by a selling dealer for a vehicle consistent with the preferences expressed in any virtual vehicle you may configure may change if the actual in-stock vehicle that you choose to buy differs from the configuration of your virtual vehicle. Used vehicles are subject to prior sale.
For the avoidance of doubt, Carl Street is solely a research and communications platform. Carl Street is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, other automotive-related products or services offered by third parties. Carl Street receives a fee from the participating dealers or third-party service providers in connection with the Services.
6. NO COMMERCIAL USE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.
7. RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES
Carl Street reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. Carl Street also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Carl Street shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
You will indemnify, defend and hold harmless Carl Street and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, "Carl Street Entities") from all claims, whether actual or alleged (collectively, "Claims"), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Claim against a Carl Street Entity, subject to such Carl Street Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a Carl Street Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Carl Street Entity without its prior express written consent.
9. DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT. IN ADDITION, CARL STREET DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CARL STREET OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. Carl Street is not responsible for making repairs to any vehicle. If you have complaints or concerns about defects or repairs, please contact the dealer, seller, or manufacturer directly.
10. LIMITATION OF LIABILITY; WAIVER
IN NO EVENT SHALL THE CARL STREET ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE CARL STREET ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Carl Street may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that Carl Street will have no liability associated with or arising from your failure to maintain and supply Carl Street with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.
13. TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY
You agree that all of Carl Street’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of Carl Street, and that you will not display or use any of the foregoing without Carl Street's prior written approval in each instance.
You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of Carl Street. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
14. COPYRIGHT OR INTELLECTUAL PROPERTY COMPLAINTS
Carl Street respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
- A description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
- A description of where the material that you claim is infringing is located on our website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
15. DISPUTE RESOLUTION
If any dispute, controversy or claim arises out of or relates to the use of the Services offered by Carl Street, Inc. ("Dispute") then it is agreed that, upon notice containing a reasonable description of the Dispute, along with a proposed resolution of it, the Parties shall for a period of 90 days from the date of receipt of notice, engage in a good faith dialogue in order to attempt to resolve the Dispute, though nothing will require either you or us to resolve the Dispute on terms that are anything other than mutually understood and acceptable. If informal resolution is not successful then the following rules shall apply:
Carl Street respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
- If the parties are unable to resolve the Dispute as set forth above, it is agreed that the Dispute shall be submitted to private mediation. Submission to mediation shall be commenced by a demand to mediate by either party within 30 days of the end of the above described informal resolution procedure and unless otherwise mutually agreed to in writing, shall be scheduled to occur within 90 days of that demand to mediate. A mediation demand shall be in writing and shall include no less than three proposed mediators. If a party receiving a demand for mediation does not agree with any of the proposed mediator selections then that party shall provide three counter selections. If the neither party is agreeable to the proposed mediator selections of the other(s) then one preferred selection of each shall be contacted, given the list of remaining mediator selections and from those remaining mediators shall recommend a selection to the parties, where said recommended selection shall be the mediator chosen for the Dispute. If a party fails to respond to a mediation demand within 10 days or refuses to mediate, that party will waive any claim to attorney’s fees in the Dispute. Mediation shall take place in either Contra Costa, Alameda or Marin County, California. Any party refusing to participation in mediation on demand (including by failure to respond within a reasonable period of time to such demand) shall waive any right or claim to attorney’s fees in any corresponding arbitration or action.
16. CHOICE OF LAW.
Except as otherwise expressly provided in the Carl Street Mediation Agreement (subpoint 1, above), the relationship between you and Carl Street are governed by the laws of the State of California without regard to its conflict/choice of law provisions.
17. GENERAL INFORMATION
These Terms of Service may be amended from time to time without notice in Carl Street’s sole discretion. Any changes to the Terms of Service will be effective immediately upon the posting of the revised Terms of Service on this website. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and Carl Street and govern your use of the Services, including this website, and supersede any prior version of these Terms of Service between you and Carl Street with respect to the Services. You agree that no agency relationship is created between you and Carl Street as a result of these Terms of Service or your access to and/or use of the Services. The failure of Carl Street to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word "including" is a term of enlargement meaning "including without limitation" and does not denote exclusivity, and the words "will," "shall," and "must" are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Please report any violations of the Terms of Service to [insert email address]. Questions regarding these Terms of Service should be sent to [insert e-mail address]
18. ADDITIONAL TERMS FOR THE CARL STREET FOR SALE BY OWNER SERVICE
If you use or participate in the "For Sale By Owner" Service, the following additional terms apply:
Carl Street offers a "For Sale By Owner" ("FSBO") service ("FSBO Service") whereby you may list your used vehicle for sale. When you offer a vehicle for sale through the FSBO Service, you must be prepared to sell that vehicle at the price you listed the vehicle, and have possession of the actual vehicle listed with the ability to transfer valid title. You are required to provide certain identifying and contact information, which must accurately identify yourself so potential buyers can communicate directly with you. You may not charge any potential buyer for information about any vehicle listed for sale on the FSBO Service, nor may you use the FSBO Service to promote, without our prior written permission, any other website, product or service. By using the FSBO Service, you represent, warrant, and covenant that (i) you are not a motor vehicle dealer, (ii) you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and (iii) neither you, nor anyone acting on your behalf, will list more than one (1) vehicle for sale at a time. Listings may not appear for up to 24 hours following your submission of the vehicle.
The FSBO Service is provided for informational purposes only. You alone are responsible for any sale or purchase transaction you engage in. We cannot (i) protect you from potential fraud or other misconduct, and (ii) assure that a seller has good title to the listed vehicle or that a buyer will supply good funds. Buyers and sellers should exercise caution when using the FSBO Service, and for example should use this same approach when using a classified ad service in a newspaper.
Information about a particular vehicle is supplied by the seller, not by Carl Street. The price and other terms of any sale are subject to direct negotiation between the buyer and the seller, and Carl Street plays no role in that negotiation. The prices listed by the seller on the FSBO Service often exclude sales tax, finance charges, title, license, regulatory, documentary, emission testing, and/or compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. We do not verify the information that sellers supply, nor guarantee the vehicles they offer. In an effort to combat Internet fraud, some listings may be screened before being posted publicly, which may delay display of your listing. Photographs of vehicles listed for sale on the FSBO Service may not be photographs of the actual vehicles. In addition, the color and general appearance of photographs may appear differently based on your monitor and color settings. For this reason, please contact the seller to confirm the accuracy of the information and photographs in the listing before you visit that seller.
By listing a vehicle for sale on the FSBO Service, 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. Carl Street does not guarantee that a vehicle listed for sale through the FSBO Service is available, as it may already have been sold. By accessing the FSBO Service, you agree not to use information concerning other users of the FSBO Service, nor the vehicles they have listed or searched for on the FSBO Service or otherwise expressed an interest in through the FSBO Service (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than in connection with the potential purchase or sale of a listed vehicle.
Responsibility for the information contained in each listing lies with each seller, and you alone are responsible for material you post and for the content of all email messages you transmit through the FSBO Service. We may perform random or selective quality assurance tests to confirm that those who offer vehicles for sale through the FSBO Service are prepared to sell listed vehicles at the specified prices and terms provided by the seller through the FSBO Service. By using the FSBO Service, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in "bait and switch" or other unfair or deceptive practices, Carl Street may deny that seller use of the FSBO Service.
THE CARL STREET ENTITIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE.
19. ADDITIONAL TERMS FOR THE CARL STREET CARL STREET TRADE SERVICE
If you use or participate in the "Carl Street Trade" Service, the following additional terms apply:
Carl Street offers a "Carl Street Trade" service ("Carl Street Trade Service") whereby you may request offers to purchase your used motor vehicle (excluding certain types of vehicles) from participating dealers in the Carl Street network ("Purchase Offers"). All Purchase Offers are subject to visual inspection and verification of the vehicle by, or on behalf of, the purchasing dealer, as well as the terms of, and your full compliance with, these Terms of Service and any other applicable terms. A participating dealer that makes a Purchase Offer is referred to in these Additional Terms as a "Participating Dealer." None of the Participating Dealers are owned or operated by Carl Street. When you request a Purchase Offer through the Carl Street Trade Service, you must have possession of the actual vehicle listed, with the ability to transfer valid title as set forth herein. You are required to provide certain identifying and contact information, which must accurately identify yourself so potential Participating Dealers can communicate directly with you. By using the Carl Street Trade Service, you represent, warrant, and covenant that you are not: (i) a motor vehicle dealer; and (ii) listing a vehicle for sale in your capacity as an owner, employee, or representative of a motor vehicle dealer.
To use the Carl Street Trade Service or accept a Purchase Offer that you received through the Carl Street Trade Service: (1) your vehicle must be located in a market in which the Carl Street Trade Service is offered; (2) you must be the registered owner of the vehicle in question; (3) you must possess a valid driver’s license or other form of valid government-issued photo ID; (4) you must provide accurate, complete, and truthful personal contact information and responses to all questions included in the online questionnaire, including those relating to the description and condition of your vehicle; and (5) unless otherwise agreed with the Participating Dealer, you must deliver your vehicle, with a valid registration and either clear and unencumbered title in your name, or complete documentation regarding any lease obligations or liens on your vehicle (including, for example, contact information for your lender or leasing company, relevant account information and the current loan payoff amount or lease early termination fee for your vehicle) within 72 hours of the issuance of your Purchase Offer to the Participating Dealer for inspection by, or behalf of, the Participating Dealer. For clarity, if you are a motor vehicle dealer, you may not use the Carl Street Trade Service to obtain a Purchase Offer on behalf of a customer.
The Carl Street Trade Service enables Participating Dealers to obtain information about vehicles for which Purchase Offers have been requested through the Service and, if applicable, to contact a seller to make a Purchase Offer. We do not participate in the creation or terms of any Purchase Offer or any sales/purchase transaction resulting therefrom. You alone are responsible for any sale transaction you engage in. Although Participating Dealers have agreed to abide by certain customer service standards, we are not responsible for any potential fraud or other misconduct by a Participating Dealer in connection with the Carl Street Trade Service. As a seller, you should exercise caution and good judgment when completing any transaction, including those involving the Carl Street Trade Service.
Although the Participating Dealer is not obligated to purchase your vehicle for any price other than the amount of your Purchase Offer, you can try to negotiate a more favorable price or a Carl Street Trade value for your vehicle and, of course, you are always free to sell or trade in your vehicle outside of the Carl Street Trade Service. The sale price that you could receive for your vehicle in the open market may be more favorable than the amount of your Purchase Offer received through the Carl Street Trade Service. The price and other terms of any sale are subject to direct negotiation between you and the Participating Dealer, as Carl Street plays no role in that negotiation. The Purchase Offer price may exclude sales tax, title, license, regulatory, documentary, emission testing, and/or compliance fees, any or all of which may be deducted from the Purchase Offer price to arrive at the final sale price of a particular vehicle. The Participating Dealer will assist in completing all necessary vehicle titling and registration documents in connection with your sale of the vehicle, and as applicable, remit any required motor vehicle sales tax.
You acknowledge that if you provide any false, incomplete, or inaccurate information, including vehicle information or personal contact information, your Purchase Offer may be invalidated by the Participating Dealer. By requesting a Purchase Offer, you agree that Carl Street, its service providers, Participating Dealers, and affinity partners may use the personal contact information, you provided, including your telephone number and email address, to communicate with you about the Carl Street Trade Service or other products and services that may be of interest to you. By requesting a Purchase Offer through the Carl Street Trade Service, you agree to use the email address of the Participating Dealer(s) making a Purchase Offer only for purposes of communicating with them about the potential sale of that vehicle.
You are responsible for the information contained in the vehicle questionnaire, the content of all email messages you transmit through the Carl Street Trade Service, and any other information you provide. We may perform random or selective quality assurance tests to confirm that individuals who request a Purchase Offer through the Carl Street Trade Service are not automobile dealers and are prepared to sell such vehicles through the Carl Street Trade Service. By using the Carl Street Trade Service, you agree to cooperate in these quality assurance tests. If the tests reveal, or we otherwise learn, that a seller is violating these Terms of Service or engaging in other unfair or deceptive practices, Carl Street may deny that seller use of the Carl Street Trade Service.
Your Participating Dealer will conduct a mandatory vehicle inspection free of charge to confirm the vehicle description and condition information that you provided online. This confirmation inspection may include, for example, paint thickness measurements, a road test, a mechanical inspection, and review of vehicle history reports and disclosure statements regarding flood, salvage, and/or odometer discrepancies (including rollbacks). In the event that the inspection reveals material misrepresentations and/or inconsistencies in the vehicle condition identified by you, the Participating Dealer may refuse to purchase the vehicle or provide a revised Purchase Offer to you. You acknowledge and agree that we have no involvement in, or liability in connection with, the Participating Dealer’s inspection of your vehicle.
At the conclusion of your vehicle inspection, you can accept your Purchase Offer, subject to any applicable post-inspection adjustments to, or invalidation of, the Purchase Offer made by the Participating Dealer, by delivering your vehicle to the Participating Dealer's location or such other location agreed between you and the Participating Dealer on the date specified by the Participating Dealer in the same condition and with no more than 250 additional miles on the odometer. The Participating Dealer will issue you a check following the release of any applicable liens and lease obligations and the Participating Dealer's receipt of a clear and unencumbered vehicle title. All checks will be made payable to the vehicle owner(s) named on the vehicle title.
A Purchase Offer may include the option of using your Purchase Offer to trade in your vehicle for the specified amount. If you accept your Purchase Offer by trading-in your vehicle (if applicable), your Participating Dealer will issue you a Carl Street Trade credit against the sale price of a vehicle available in its inventory following the release of all applicable liens and lease obligations and the receipt of a clear and unencumbered vehicle title. If you have negative equity in your vehicle (i.e., your outstanding loan balance or lease payment obligation exceeds the amount of your Purchase Offer), you will be responsible for paying the difference between the Purchase Offer and the amount needed to clear the title to your vehicle by certified check or other form of payment acceptable to the Participating Dealer before your transaction can be completed. If you have positive equity in your vehicle, the Participating Dealer will issue you a check or a Carl Street Trade credit, as applicable, for the difference between the amount needed to clear the title to your vehicle and the Purchase Offer. The Participating Dealer will assist you with processing of the paperwork and payments necessary to settle your loan or lease obligations and to obtain a clear title to your vehicle. This process typically takes 10 to 14 days following delivery of a vehicle to a Participating Dealer, but could take longer in some circumstances.
The Carl Street entities do not make any representation or warranty that you will sell your vehicle, obtain an acceptable price for your vehicle, receive legitimate inquiries or solicitations from potential participating dealers, or receive any purchase offer for your vehicle for sale. in the event that any claims or disputes arise out of an actual or potential transaction involving the carl street trade service, you agree to look solely to your participating dealer for your remedy and not to the carl street entities.