Thank you for your patience, this is a long one.
This User Agreement governs each website, mobile site, application, and/or other service, regardless of how distributed, transmitted, published, or broadcast (each, a "Service") provided by any parent, subsidiary, or affiliate of Carvana Operations HC LLC ("Carvana," "we," "us," or "our") that links to this User Agreement, which is binding on all those who access, visit and/or use the Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise (collectively, "you" or "your"). If you apply to obtain a financial product or service from us, information we gather about you in connection with your application, loan, or other financial product or service is also subject to our Financial Privacy Notice.
Please read this User Agreement carefully. You can access this User Agreement any time in the footer of the Service's home page or initial screen. Your access, visitation, and/or use of the Service, including without limitation any registration on any aspect of the Service, will constitute your agreement to this User Agreement. If you do not agree with the terms and conditions of this User Agreement, you may not access, visit and/or use the Service.
This User Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the User Agreement. If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms, and/or conditions that apply to the Service, whether listed in this User Agreement, posted at various points in the Service, or otherwise communicated to users of the Service (collectively, the "Agreement"), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations, enforce the Agreement, and/or remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.
For an explanation of Carvana's policies and practices regarding information that we may collect from you in connection with your use of this website and Agreement, you should review Carvana's Financial and Other Privacy Notices (hereafter, “Privacy Notice”), the terms of which are incorporated herein. By using this website and Agreement, you are agreeing to the Privacy Notice and you will be bound by the terms of such Privacy Notice.
In the event of any conflict or inconsistency between the terms and conditions of this User Agreement and the terms of our Privacy Notice, the terms of the Privacy Notice shall control. In the event of any other conflict between the terms and conditions of this User Agreement, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the Service or otherwise communicated to users of the Service, the terms of this User Agreement shall control.
Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, "Content") available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, you, other users, and/or service providers.
We strive to provide an enjoyable online experience for our users, so we may monitor activity and Content on the Service to foster compliance with the Agreement. You hereby specifically agree to such monitoring. We do not make any representations, warranties, or guarantees that: (1) the Service or Content, or any portion thereof, will be monitored for accuracy or unacceptable use, or (2) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement.
B. What to Do if You Have a Complaint About the Service or the Content
If you have a legitimate complaint about the Service or the Content, please do the following:
Copyright Complaints: If you have reason to believe that your content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination, or service that contains Content or activity that infringes your copyright rights, you may notify us as described below in the section entitled Copyright Complaints.
CyberCrime: If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, infringement, or hacking, you may contact the Internet Crime Complaint Center, at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA).
IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF THIS AGREEMENT COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES).
A. We may at times require that you register and/or set up an account/profile to access, visit and/or use certain portions of the Service, or the Service as a whole, in which case you may be provided, or required to choose, a password and/or User ID, and you may provide a credit, debit, charge card number, or other payment information, as well as your name, telephone number(s), email and/or street address, or other personally identifiable information. Other information such as your age, gender, an avatar, and the number for your mobile or other device may also be requested. In addition, you may be asked to send us similar information via messaging (e.g., email, SMS, MMS, or other technologies). All such information shall be referred to in the Agreement as your "Registration Information." We may collect, use, and/or share your Registration Information as described in our Privacy Notice.
B. You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering and/or setting up an account/profile on the Service. If any of your Registration Information changes, you must update it promptly by using the mechanism or contact information on the Service that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available on the Service, please notify us as described in our Privacy Notice.
WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
C. We reserve the right at any time, with or without notice, to remove or require a change to or repossess any password and/or User ID that has been provided to you, any avatar you may be using, or other Registration Information, or otherwise change the access means or methods for portions of the Service, the Service as a whole, or certain products and/or services.
D. You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit, and/or use the Service by use of your account/profile and/or Registration Information, except as permitted by law. You may not access and/or use anyone else's Registration Information, or access, visit, and/or use the Service by use of anyone else's account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent, or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
E. You are solely responsible for all access or visitation to, usage of, and/or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile, or other device on which your account/profile resides or is accessible. You acknowledge and specifically authorize that we may process transactions, including without limitation purchases and/or registration for additional merchandise, products, and/or services, including without limitation Content, that are initiated by use of your Registration Information.
F. If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your Registration Information), you must immediately change the affected Registration Information by using the mechanism or contact information on the Service, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service, please immediately notify us as described in our Privacy Notice.
A. User Content, Interactive Services, and License Grant to Carvana
Our Service may allow you and/or other users to create, post, store, and share content, including but not limited to messages, text, photos, graphics, videos, software, code, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Carvana.
You grant Carvana a perpetual, irrevocable, nonexclusive, unrestricted, unconditional, unlimited, royalty-free, worldwide, fully paid, cost-free, and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, display, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user's name, likeness, or identity in connection with the Service does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. You agree that (a) your User Content will be treated as non-confidential and non-proprietary by us - regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, we do not assume any obligation of any kind to you or any third-party with respect to your User Content. As your User Content will be public, do not include any personal information (including but not limited to pictures of yourself or others) in any User Content you post.
You may not create, post, store, or share any User Content that violates this User Agreement or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such User Content as permitted by this User Agreement, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Service any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- Is, in Carvana's judgment, disrespectful, inappropriate, or may expose Carvana, our users, or others to discomfort, harm, or liability;
- May infringe the patent, trademark, trade secret, copyright, intellectual, privacy, or proprietary right of any party;
- Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;
- Includes any incorrect or inaccurate statements or claims, or statements or claims that do not reflect your honest views and experiences;
- Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;
- Contains any private information of you or any third parties, including addresses, phone numbers, and payment card information; or
- Contain viruses, corrupted data, or other harmful, disruptive, or destructive files.
Carvana assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Carvana has no obligation to screen, edit, or monitor User Content, we may edit, delete, or remove User Content at any time and for any reason, with or without notice.
Our website offers interactive services, including but not limited to a chatbot. By choosing to utilize these tools, you agree that we may record, monitor, and retain transcripts of all communications with you via these interactive tools. This is done with the dual purpose of enhancing the functionality of these tools and ensuring quality control and verification. Please note that these tools may not be monitored in real-time. Your use of our chatbot and other interactive services is governed by this User Agreement, as well as our Privacy Notice, and any other specific disclaimers associated with the chatbot, which are incorporated here by reference.
You may input User Content to the Services and receive an output generated and returned by the Services based on such User Content (“Output”). Carvana may use the User Content and the Output to provide and maintain the Services, comply with applicable law, improve Carvana Services, and enforce our policies. You are responsible for User Content, including for ensuring that it does not violate any applicable law or this User Agreement.
Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar Output for other third parties. Other users may also ask similar questions and receive the same response. You have no rights in connection with responses that are requested by and generated for other users, which are not considered User Content or Output for the purposes of this User Agreement.
B. Content Removal Request Procedure for California Residents Under 18
Any California residents under the age of eighteen (18) who have registered to use our Service, and who have publicly posted content or information on our Service, can request that their posting (but not third party posts) be removed from public view on our Service by contacting us (https://www.carvana.com/help/) and making such a request, confirming that they personally posted such User Content or information and detailing where the User Content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.
A. Use of the Service by You:
1. The Service is not intended for users under the age of 16, and we do not knowingly collect personally identifiable information from users under the age of 16. Such users are expressly prohibited from registering for the Service or submitting their personal information to us, and from using portions of the Service for which registration is required.
2. You shall ensure that all equipment, hardware, software, products, and/or services you use to access, visit, or use the Service does not disturb or interfere with our operation of the Service, or impede or interfere with others' access, visitation, and/or use of the Service. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any equipment, hardware, software, product and/or services causing interference with us, our licensors, vendors, service providers, the Service, or any Content or User Content.
3. If you provide to us the number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s) to utilize the device for such purposes.
4. Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example, by authorizing or allowing access to your account/profile or any laptop, personal computer, browser, mobile device, tablet, or other device (a "Device" or "Devices") on which the Service resides or is accessible.
5. You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person, or entity, or for an end use, prohibited thereby.
6. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
7. Content that is provided by us, our licensors, vendors, and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks, and other brand identifiers, the organization, design, compilation, and "look and feel" of the Service, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark, and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors, and/or service providers.
8. Carvana is not responsible for, nor substantiates or guarantees in any way, User Content or any other content posted by you, other users, or third parties on the Service. You are entirely and solely responsible for any and all engagement with other users or third parties on or via the Service. The information on vehicles provided in this service may be supplied by other third parties – Carvana is not responsible for the accuracy of such information. Carvana provides the Service and these materials without representations, guarantees, or warranties of any kind, whether express or implied.
9. Certain Content may be made available to you on or through the Service for download, installation, and/or streaming on your Device, and via Real Simple Syndication (RSS), such as photos, images, text, music, audio, videos, podcasts, ringtones, games, graphics, or software. Such Content is subject to the same terms, conditions, limitations, and restrictions applicable to all Content provided by us, our licensors, vendors, other users, and/or service providers. You must, in addition to all of your other obligations, use such Content only to the extent expressly authorized for the particular Content, and you may not use such Content in a manner that exceeds such authorization. Certain Content on the Service may be provided by third parties and Carvana may not have editorial control over the content. The views or opinions expressed by those third parties do not necessarily represent the views of Carvana.
10. Vehicle listings and descriptions on the Service, whether provided by Carvana or User Content, are for informational purposes only and Carvana does not guarantee the accuracy of such information. Carvana may obtain vehicle listing information, including vehicle descriptions and vehicle histories from third parties or other users, so there is a possibility that unintentional or unknown errors occur. All vehicles are subject to prior sale and may not be available in your area or to you when you are ready to purchase. You agree that any reliance on the vehicle listing and descriptions on the Service is at your own risk. All vehicle listings are subject to the Disclaimer of Warranty and Limitation of Liability in this User Agreement. Carvana is under no obligation to finance, sell, or lease a vehicle to you. In addition, despite our best efforts, it is possible that vehicles or other items on our website may be mispriced. If the correct price of a vehicle or other item is higher than Carvana's stated price, we will, at our discretion, either contact you for instructions before delivery or pickup of the vehicle or cancel your purchase and notify you of such cancellation, with the exception of vehicles listed by other users or third parties, rather than Carvana itself. Such vehicles will be so marked, and Carvana makes no representations and has no obligation, responsibility, or intention to notify you of any discrepancies involving the price, condition, or other aspects of a vehicle listed by any user, third party, or other party that is not Carvana itself.
11. The Services may incorporate artificial intelligence and machine learning, which are rapidly evolving fields of study. Carvana is constantly working to improve our Services to make them more accurate, reliable, and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in Output that is inaccurate. You should evaluate the accuracy of any Output as appropriate.
B. Prohibitions on Use of the Service:
1. Absent explicit prior written consent in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:
- access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of anyone else's account/profile and/or Registration Information, (except as permitted by law);
- make any commercial, advertising, promotional, or marketing use of the Service and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks, and other brand identifiers of us, our licensors, vendors, and/or service providers obtained on or through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us, or the Service;
- impersonate, imitate, or pretend to be somebody else, by setting up different accounts/profiles or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Service or creating or sharing User Content via the Service;
- authorize or permit anyone else to access and/or use your Registration Information, or access, visit, and/or use the Service, by use of your account/profile and/or Registration Information (except as permitted or required by law);
- falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your site, application, destination or service, with the Service, us, or our licensors, vendors, and/or service providers;
- use any bots, cheats, macros, scripts, or run Maillist, Listserv, or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit, and/or use the Service, including without limitation to post, upload, transmit, send, or otherwise make available Content on or through the Service;
- copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content or User Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information, Content, or User Content available on or through the Service, including by an automated or manual process or otherwise, unless an agreement is reached between you and us explicitly allowing for such activities;
- copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content or User Content;
- copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content or User Content obtained on or through the Service, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us, or the Service;
- copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Service, in whole or in part, including without limitation any Content or User Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or otherwise reduce the Service, in whole or in part, to a human perceivable form;
- access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, alter, tamper, or interfere with, the Service including without limitation any Content or User Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others' access, visitation, and/or use of the Service, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise;
- post, upload, transmit, send, or otherwise make available on or through the Service any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature; or
- hyperlink to the Service without our written permission. If you wish to obtain permission to hyperlink, please contact: Attn: Carvana Legal, 300 E Rio Salado Pkwy, Tempe, AZ 85281 or [email protected].
2. CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE OR INAPPROPRIATELY UTILIZE CONTENT OR USER CONTENT, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
C. Use of the Service Related to Selling a Vehicle to Carvana:
1. The Service includes the ability for an individual to sell his or her vehicle to Carvana. Usage of this aspect of the Service is reserved solely for individual consumers. As such, vehicle dealerships (including sole proprietors operating as a vehicle dealership or otherwise attempting to dispose of vehicles that are not owned personally by the sole proprietor) are expressly prohibited from selling vehicles to Carvana.
2. By submitting a request for a vehicle purchase offer from Carvana, you represent and warrant that you have: (i) valid and marketable title to the vehicle; and (ii) all rights in and to the vehicle that are necessary to sell and transfer ownership of the vehicle to Carvana. Further, you represent and warrant that you will take all actions deemed necessary or appropriate by Carvana in order to effectuate the transfer of title to the vehicle to Carvana.
3. If at any time after Carvana has provided a vehicle purchase offer to you, Carvana reasonably determines that: (i) you misrepresented the condition of the vehicle during the appraisal process; (ii) the vehicle condition deteriorated between the time that you requested the vehicle purchase offer and the time that you transferred possession of the vehicle to Carvana; (iii) you committed any fraud during the vehicle appraisal process; (iv) you do not have valid and/or marketable title to the vehicle; and/or (v) you have violated any section of this Agreement, Carvana shall have the right to adjust or rescind the vehicle purchase offer.
4. If you request a vehicle purchase offer, but you have sold three (3) or more vehicles to Carvana in the immediately preceding twelve (12) months (including any vehicles sold by another member of your household), Carvana reserves the right, in its sole discretion, to rescind and/or not honor such vehicle purchase offer.
5. If you sell your vehicle to Carvana in a standalone transaction (i.e., you did not also purchase a vehicle from Carvana), you acknowledge and agree that such vehicle sale is final and irrevocable. Upon transfer of possession of the vehicle from you to Carvana following such a transaction, you relinquish all rights, title, and interests in and to the vehicle.
6. Carvana reserves the right to not provide a vehicle purchase offer to any user for any reason, in Carvana's sole discretion.
D. Editing, Additions, and Deletions:
We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content or User Content available on or through, or downloadable from, the Service, including without limitation any Content or User Content in or related to your account/profile. This includes updates or upgrades to Content or User Content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Service may not be consistent across all platforms, or Devices. If you do not refresh the Service after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content or User Content, for which we and our Indemnitees disclaim any and all responsibility and liability. If any changes require you to obtain new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. Even after Content or User Content is removed from your account/profile, your messages, post(s), and/or threads, regardless of whether such removal or deletion is by you or by us, copies of that Content or User Content may be retained and/or remain viewable by us, our licensors, vendors, service providers, and/or other third parties.
E. Procedure for Alleging Copyright Infringement (DMCA Notice):
1. We respect the intellectual property of others, and we require our users to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend, and/or restrict the account/profile or ability to access, visit, and/or use the Service of users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content or User Content deemed to be infringing. It is our policy to terminate the access of repeat infringers.
2. If you are a copyright owner and have reason to believe that your copyrighted work has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination, or service that contains your copyrighted work or other activity that infringes your copyright rights, you may send us a written notice that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 ("DMCA")):
i. Your physical or electronic signature;
ii. A description of the copyrighted work you claim to have been infringed, or, if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;
iii. A description of the copyrighted work that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
iv. Your address, telephone number, and if available, email address at which we may contact you;
v. A statement by you that you have a good faith belief that use of the copyrighted work in the manner complained of is not authorized by you as the copyright owner; and
vi. A statement by you that the information in your notice to us is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will only respond to DMCA notices that we receive by mail or email at the addresses below:
|By Mail:||Carvana, LLC|
300 E Rio Salado Pkwy
Tempe, AZ 85281
Attn: DMCA Agent
|By Email:||[email protected]|
|For more information call:||1-800-833-4554|
Note: Only copyright complaints should be sent to our DMCA agent. No other communications will be accepted or responded to.
For communications on other matters, please contact us through the means described on the Service, if available (for example, in the "Contact Us" section), or, if no such means are specified, contact us as described in our Privacy Notice.
3. IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT, USER CONTENT, OR ACTIVITY IS INFRINGING VIOLATES THE DMCA AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS, OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT OR USER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.
PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE.
Carvana, carvana.com, our logos, our product or service names, our slogans, and the look and feel of the Service are trademarks of Carvana and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Carvana Service are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Carvana.
You agree to indemnify, defend, and hold harmless us, our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors, and assigns (collectively, "Indemnitees") from and against any and all claims, disputes, demands, proceedings, causes of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys' fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, "Claims") which may arise out of or are in any way connected with your access, visitation, and/or use of the Service, Content, User Content, unauthorized use of Content or User Content obtained on or through the Service, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Service.
G. Disclaimer of Warranty and Limitation of Liability:
1. CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OR USER CONTENT OFFERED ON OR THROUGH THE SERVICE MAY BE HOSTED, ADMINISTERED, RUN, OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THIS USER AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
2. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND ON AN "AS AVAILABLE" BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR USER CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT ACCESS TO THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US, YOU, OR OTHER USERS OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED CONTENT OR USER CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
3. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER'S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR INFORMATION USERS MAY SUBMIT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO USER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME OR SUBMITTING PAYMENTS TO ANOTHER USER. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU, OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH THE SERVICE (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
4. COMMUNITY MEETUP SPOTS. COMMUNITY MEETUP SPOTS ARE LOCATIONS (SUCH AS A POLICE DEPARTMENT OR LOCAL STORE) IN WHICH A THIRD PARTY HAS AGREED TO POST A COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE THIRD PARTIES TO PLACE COMMUNITY MEETUP SPOTS IN WELL-LIT LOCATIONS, WITH SURVEILLANCE, AND IN GENERALLY WELL-TRAFFICKED AREAS; HOWEVER, CARVANA DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, DOES NOT MONITOR COMMUNITY MEETUP SPOTS, AND DOES NOT WARRANT THEIR SAFETY OR CONDITION. YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A COMMUNITY MEETUP SPOT SIGN, REMAINS SUBJECT TO THESE TERMS.
5. WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US, YOU, OR BETWEEN ANOTHER USER AND YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER'S COMPUTER, MOBILE OR OTHER DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER'S COMPUTER, MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.
6. WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE AGREEMENT, THE SERVICE, YOUR ABILITY OR INABILITY TO ACCESS, VISIT, AND/OR USE THE SERVICE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE AND/OR CONTENT OR USER CONTENT AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT PAID BY YOU TO US DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
7. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE CARVANA FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF OTHER USERS OR THIRD PARTIES.
H. Termination or Suspension of the Service, Your Use of the Service, and/or the User Agreement:
1. We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend, and/or restrict the Service, your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the User Agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the User Agreement, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your password and/or User ID.
2. Even if the Service, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement is terminated, discontinued, suspended, or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any Content or User Content, and therefore copies of all information with regard to your account/profile and/or Content or User Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Service, may be retained and/or remain viewable by us, our licensors, vendors, service providers, and/or other third parties. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content or User Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Service. All provisions of the Agreement shall survive the termination or expiration of the Agreement and/or your account/profile.
I. Communications to You:
1. The communications between you and us and/or you and any other user or third party utilizing the Service usually use electronic means, whether you access, visit, or use the Service, send messages, or whether we, other users, or other third parties post notices on the Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us, other users, and/or other third parties using the Service in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we, other users, and/or other third parties utilizing the Service provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so, applies to all of your interactions and transactions with us, other users, and/or other third parties utilizing the Service.
2. You understand and agree that joining the Service may include receiving certain communications from us, other users, and/or third parties using the Service, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service.
3. By providing your phone number, you agree to receive calls and/or texts using automated technology for marketing purposes, or servicing and informational purposes related to your account, from Carvana and its authorized representatives (including, but not limited to, Bridgecrest Credit Company, LLC and SilverRock Automotive, Inc.). This consent is not required to purchase from Carvana. Message and data rates may apply.
4. Carvana does not knowingly or purposefully engage in the direct selling of customer phone number or other related short code data for the purposes of direct third party marketing to Carvana customers without customers' express consent, including for the purpose of direct marketing campaigns banned by carriers, such as Debt Forgiveness, Work and Investment Opportunities, and/or other similar campaigns.
5. For more information, see our Text Message Terms & Conditions
J. Mobile Participants:
You understand and agree that various entities unaffiliated with us make up the "mobile ecosystem" that enables you to access, visit, and/or use the Service via your Device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of Content or User Content for use with the Service (collectively, the "Mobile Participants"). We do not represent, warrant, or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other Devices, or via all carriers and service plans, or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS. We have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (i) the Agreement is between us and you; the Mobile Participants are not parties to the Agreement; (ii) the Mobile Participants and their parents, subsidiaries, and affiliates are third party beneficiaries of the Agreement and upon your acceptance of the terms and conditions of the Agreement, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you; (iii) the license granted to you hereunder is limited to a non-transferable license to use the Service on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant's applicable usage rules; (iv) Mobile Participants have no obligation whatsoever in connection with the functionality or content of the Service, or to furnish any maintenance or support services with respect to the Service; (v) in the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Service); (vi) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs, or expenses by you or a third party relating to the Service or your possession, access, visitation and/or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and (vii) in the event of any third party claim that the Service or your possession, access, visitation, and/or use of the Service, infringes such third party's intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement, and/or discharge of such claim.
K. Third Party Content:
The Service may contain hyperlinks to websites operated by parties other than Carvana. Carvana does not operate the third party service(s) or links and is not responsible for the content or accessibility outside of the Carvana website(s). The Service may also contain content created by third parties, such as customer reviews, where third parties may express their ideas and opinions. Carvana and its affiliates do not endorse the accuracy or reliability of any third party content.
L. Disputes: PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT, IN THE EVENT OF A DISPUTE.
1. The Service is based in the United States. It is not designed, customized, intended for, or directed to, any other country. Those who choose to access, visit, and/or use the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty, or guarantee that the Service, or any merchandise, products, services, and/or Content or User Content available on or through the Service, are appropriate, available, or legal in any particular geographic location.
2. Promise to Arbitrate: You agree that in the event of any dispute between or among you and us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution. If you and we have a dispute that we are unable to resolve, you or we can choose to demand that a Claim (as defined below) or Claims be resolved through binding and final arbitration instead of through court proceedings, and you and we agree to accept that demand.
For purposes of this Disputes Section, Section V(L), Claim has the broadest reasonable meaning, and includes any claims, counterclaims, crossclaims, third-party claims, disputes, or controversies between or among you and Carvana, whether arising in contract, tort, equity, pursuant to statute, regulation, ordinance, or otherwise, relating to or arising from any of the following:
- Your access, use, or interaction with a Service, including, but not limited to, Carvana.com or the Carvana mobile application;
- Any Content available on or through a Service, including any advertisements, promotions, or oral or written statements regarding any vehicles or other products listed or described on the Service;
- The collection, use, or disclosure of your personal or financial information, or other information that you provide;
- Any credit inquiries or applications arising from or related to your use of a Service;
- Communications, including telephone calls, emails, online chats, voice messages, or text messages relating to arising from Your use of the Service;
- This Agreement; and
- Any dispute in which the Service or your use of the Service is an issue or material fact.
Additionally, any dispute relating to the validity, enforceability, interpretation, or scope of this Agreement, the arbitrability of any Claim, other gateway issues of arbitrability, or any alleged waiver of this Disputes Section shall be exclusively resolved by the arbitrator and not by a court.
Even if you and we have elected to litigate a Claim in court, you or we may demand arbitration of that Claim if any “New Claim” is asserted in that lawsuit or any related lawsuit in which you are a party, and the other party will be obligated to accept such arbitration demand. A “New Claim” includes any request for new or additional relief. Additionally, if a Claim was previously asserted on an individual basis and is then modified or amended to seek relief on a class or representative basis, the Claim, alongside the request to litigate on a class or representative basis, will constitute a New Claim.
Notwithstanding the foregoing, if you file Claim(s) in an individual capacity in small claims court or your state's equivalent court, we cannot demand that you arbitrate those Claims, but if any of your Claims or our Claims are transferred or removed to a different court, then you or Carvana can demand arbitration of those Claims that have been transferred or removed.
3. Arbitration Administrator: Any arbitration shall be administered by the American Arbitration Association (“AAA”) and governed by the “AAA Rules,” which means any rules adopted by AAA that are applicable to a given arbitration, by operation of this Agreement or pursuant to a decision by the AAA or an arbitrator in the manner permitted by this Agreement, including, as applicable, the AAA Consumer Rules, AAA Procedures for the Resolution of Disputes through Document Submission, and Supplementary Rules of Multiple Case Filings, as modified by this Agreement.
If, for any reason, AAA is unable, unwilling, or ceases to be the administrator, then you will have twenty (20) calendar days to choose a substitute administrator subject to our approval, which may not be unreasonably withheld. If you do not select a new administrator within that period, then we will do so.
4. Individual Claims Only: Claims may be submitted to arbitration on an individual basis only. Notwithstanding anything contained in this Agreement, a Claim cannot be arbitrated on a class basis, in a representative capacity, on behalf of the public (as a private attorney general, or otherwise), or on behalf of any other person. You and we acknowledge and agree that you and we are waiving any right to (1) participate in a class adjudication in arbitration, either as a class representative, class member, or class opponent; (2) act as a private attorney general in arbitration; or (3) otherwise seek relief in a representative capacity.
If, notwithstanding the express waivers set forth above, it is determined that you have a non-waivable right to seek a public injunction, to act as a private attorney general with respect to claims arising from or related to alleged injuries to person(s) that are not a named party to the arbitration, or to assert a Claim in a representative capacity with respect to claims arising from or related to alleged injuries to person(s) that are not a named party to the arbitration, then you may pursue such relief in court, but only after all other Claims and prayers for relief are first adjudicated in arbitration. During the pendency of any such arbitration the action in court shall be stayed. Additionally, if applicable law prohibits the application or enforcement of this Disputes Section, (Section V(L)), with respect to a Claim (or portion of a Claim), you and we will not be obligated to accept arbitration of that Claim (or portion of that Claim). This exception will not prevent or limit your or our obligation to accept arbitration of any other Claim.
Nothing in this Section V(L)(4) limits the applicability of AAA's Supplementary Rules for Multiple Case Filings.
5. Arbitration Procedure: To begin an arbitration proceeding, you must send to Carvana a demand for arbitration describing the nature and basis of your Claims, including information sufficient for Carvana to identify the specific transaction or events at issue, the relief sought, and (if the demand is submitted by someone other than you) your signed authorization to bring the arbitration demand. If the demand is sent by FedEx, UPS, or USPS, it must be sent to 300 E. Rio Salado Pkwy., Tempe, AZ 85281. You must also contact AAA and follow its rules and procedures for commencing an arbitration. In any demand for arbitration filed with AAA, the business address for Carvana, LLC, and for any Carvana affiliate shall be described as 500 E. Rio Salado Pkwy., Tempe, AZ 85281.
If you or we file a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration that is granted, then it will be the responsibility of the party prosecuting the Claim(s) to commence the arbitration proceeding.
6. Arbitration Hearing Location: If the arbitrator determines that an in-person hearing is necessary, the hearing shall take place in the federal judicial district of your residence, unless you and we agree to a different location or the arbitrator sets a different location for the hearing.
7. Opt-Out Option: You have the right to opt-out of this Disputes Section, (Section V(L)), in which event neither you nor we will have the right to require arbitration of any disputes. Your exercise of this opt-out option will not affect any other aspect of the Agreement or your interactions with the Service. In order for you to reject this Disputes Section, we must receive a signed writing ("Opt-Out Notice") from you within 30 calendar days of the day you first visit Carvana's site and receive actual, constructive, or inquiry notice of the Agreement, stating that you reject this Disputes Section. The Opt-Out Notice must include your name, address, and the date you first visited Carvana's site and receive actual or constructive notice of the Agreement, and be emailed to us at [email protected]. If the Opt-Out Notice is sent on Your behalf by a third party, then such third party must include evidence of his or her authority to submit the Opt-Out Notice on Your behalf. If you reject this Disputes Section, that will not constitute a rejection of any other arbitration agreement between you and us.
8. Applicable Law: This Disputes Section, (Section V(L)), is governed by the FAA to the exclusion of any state law inconsistent with the FAA. The arbitrator shall apply applicable statutes of limitations. Except as otherwise stated in this Agreement, the arbitrator is authorized and given the power to award all individual remedies that would apply if the action were brought in court.
9. Attorneys' Fees: The arbitrator shall also be entitled to apply any statute, rule, regulation, or other authority providing for an award of and/or prohibiting the recovery of attorneys' fees, costs, or expenses, in whole or in part, including statutes, rules, regulations, or other authorities providing for an award of and/or prohibiting the recovery of attorneys' fees, costs, or expenses based upon the parties' settlement offers or demands that could be applied by a court under applicable law. The arbitrator is also authorized to award attorneys' fees if it determines that any Claim was frivolous, brought or maintained for an improper purpose, and/or brought or maintained in bad faith.
10. Judgment; Effect of Arbitration Award: Judgment on the arbitrator's award may be entered in any court with jurisdiction. Otherwise, except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. No arbitration award involving the parties will have any preclusive effect as to issues or Claims in any dispute involving anyone who is not a party to the arbitration. Nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Agreement.
11. Severability: If, for any reason, any provision of the Agreement, or portion thereof, is found to be invalid or unenforceable, that specific provision, or portion thereof, will be of no force and effect and shall be severed, but the remainder of this Agreement shall be enforced to the maximum extent permissible and continue to be valid and enforceable in full force and effect. Notwithstanding the foregoing, if a court or arbitrator limits or voids any portion of Section V(L)(4) of this section captioned "Individual Claims Only" in any proceeding, then, subject to the right to appeal such a decision, the class, collective, representative and/or private attorney general action must be litigated in a civil court of competent jurisdiction and not arbitration, but the portions of Section V(L)(4) captioned Individual Claims Only that are enforceable shall be enforced in arbitration.
12. Modification; Survival: Notwithstanding any provision in this Agreement to the contrary, you and we agree that if Carvana makes any changes to this Disputes Section, (Section V(L)), after your most recent acceptance of this Agreement, you may reject any such change(s) and require Carvana to adhere to the language in this Disputes Section as written at the time you most recently accepted this Agreement. You and we further agree that this Disputes Section, (Section V(L)), shall survive termination of this Agreement.
M. Governing Law; Forum Selection; Waiver of Jury Trial; Damages
You agree that, regardless of where you access, visit, and/or use the Service, all issues concerning the construction, validity, interpretation, and enforceability of the Agreement shall be governed and construed in accordance with the laws of the United States, in the particular State where the Service is headquartered, without regard to any principles of conflict of laws. Any disputes that are not arbitrated or otherwise result in court action will be resolved exclusively by a state or federal court located in the U.S. State where the Service is headquartered, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. Should there be a conflict between the laws of the U.S. State where the Service is headquartered, and any other laws, the conflict will be resolved in favor of the laws of such U.S. State where the Service is headquartered. In a court proceeding, You and Carvana both waive your right to a trial by jury, unless such a waiver is prohibited by applicable law.
To the extent permitted by applicable law, all judgments or awards, whether in court or in arbitration, shall be limited to actual out-of-pocket damages (excluding attorneys' fees) and shall not include any indirect, punitive, incidental, and/or consequential damages.
1. We reserve the right to post, from time to time, additional rules that apply to certain portions of the Service or the Service as a whole. Such additional rules will be posted in the Agreement and/or in the relevant portions of the Service, and are hereby incorporated into the Agreement by this reference if not posted herein. Your continued access, visitation, and/or use of the Service constitutes your agreement to comply with these additional rules.
2. The rules, restrictions, limitations, terms, and conditions that apply to the Service, whether listed in this User Agreement, posted at various points in the Service, or otherwise communicated to you, constitutes the Agreement and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, User Content, or Content that augment or enhance the Service, including the release of updates, upgrades, new products, and/or services, shall be subject to the terms and conditions of the Agreement.
3. Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing and signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default pursuant to the Agreement.
4. We may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void.
Carvana Insurance Services LLC (“CIS”), a limited liability company organized under Arizona law and located at 300 E Rio Salado Pkwy, Tempe, AZ, 85281, is licensed as an insurance agent in Arizona and all other states in which CIS offers insurance products for purchase on or through the Service. More information about CIS' insurance agent licenses can be found below.
CIS, NPN 18953587, with agency license numbers as follows:
|AL: 3000427056||AK: 100168495||AZ: 3000427056||AR: 300042758||CA: 0N14135||CO: 588119|
|CT: 2617529||DE: 3000427082||DC: 3000427061||FL: L106048||GA: 203309||HI: 482865|
|ID: 697797||IL: 3000426984||IN: 3392115||IA: 1002330185||KS: 831103519||KY: 1018212|
|LA: 785948||ME: AGN320984||MD: 3000427066||MA: 2083789||MI: 117590||MN: 40606616|
|MS: 15034608||MO: 8466069||MT: 3000426989||NE: 100301173||NV: 3391606||NH: 2419884|
|NJ: 1688417||NM: 3000432700||NY: PC-1570655||NC: 1000611378||ND: 3000426991||OH: 1219781|
|OK: 3000427536||OR: 3000436880||PA: 877577||RI: 3000427092||SC: 3000427097||SD: 10021044|
|TN: 2421921||TX: 2365712||UT: 697820||VT: 3392002||VA: 146306||WA: 1004395|
|WV: 100287019||WI: 3000427098||WY: 384778|
All quotes and estimates provided for insurance products offered by CIS on or through the Service are non-binding, and do not commit anyone to offer insurance coverage. Any insurance coverage will be subject to the terms and conditions of the actual insurance policy for the coverage issued to any insured. In addition, any offer of insurance coverage will be subject to: (1) final acceptance by you and then the insurer prior to the quote expiry date; (2) you undertaking to advise the insurer of any change in the supporting information or additional information that should be supplied to make a quote current, occurring prior to the inception date of any insurance subsequently issued; (3) you having declared all material facts likely to influence a reasonable insurer in determining: (a) whether or not to accept the risk, (b) the premium, and (c) the terms, conditions, exclusions and limitations; and (4) you paying the premium.
When you purchase insurance offered by CIS, CIS receives compensation from the insurance company that issues the policy. As described in more detail below, this compensation may include regular and/or contingent commissions when a policy is purchased or renewed, and fees for marketing and administrative services provided by us. The compensation may vary by insurer and the specific product and features purchased.
- Base Commissions: We receive a base commission in the form of a fixed percentage of the policy premium or a fixed amount per policy. The percentage or amount may vary depending on certain factors, such as the type of product, the risk classification, and whether the policy is new or a renewal.
- Policy Fees: We may also receive fee-based compensation from insurers for the placement of insurance policies.
Shipping charges may be applied for transporting the vehicle from its current location to the nearest Carvana location in your area. Shipping charges for each vehicle are displayed throughout the vehicle browsing process. You understand and agree to the following provisions when purchasing a vehicle with a nonrefundable shipping fee:
- The final amount of the shipping charge is calculated based upon the distance between the location of vehicle inventory and the nearest Carvana location to your home address.
- You had the opportunity to review and agree to the final shipping charge prior to order confirmation and payment.
- Shipping charges are paid upfront at the time of vehicle order and are nonrefundable 24 hours after placing your order.
- Carvana will refund or apply toward a subsequent purchase, the entire shipping charge on orders canceled within 24 hours of order placement.
- After 24 hours, the shipping fee becomes nonrefundable and nontransferable whether you cancel your order, keep your vehicle, or complete a return or exchange, unless otherwise required by law.
- If you choose to have your vehicle delivered, there may be a delivery charge in addition to any shipping charges.
- Any disputes that arise out of the payment of a nonrefundable shipping fee must be resolved by individual arbitration as set forth in the Disputes and Jurisdiction section of this User Agreement.
- In the event of any conflict or inconsistency regarding nonrefundable shipping fees between this User Agreement and any Retail Purchase Agreement, the Retail Purchase Agreement shall prevail.