Terms & Conditions: Conversations

Introduction and Agreement

The Conversations application (the “App”) is licensed to and integrated with the automotive dealership (the “Dealer”) website/app you are currently visiting in connection with your use of the App; the App itself is owned and operated by DealerInspire Inc. (“Dealer Inspire“). These Terms of Service apply to the standard version of the App as well as any mobile or similar versions of the App. By using the App, you hereby agree that you are at least eighteen (18) years of age and you acknowledge that you have read and agree to be bound by these Conversations Terms of Service.

App Content

All information and content available on this App (collectively, “Content”) is protected by copyright and other intellectual property laws. The Content is owned by the Dealer or Dealer Inspire (and/or their respective Affiliates, licensors and suppliers) (collectively, “Licensors”). The Content is intended for personal and noncommercial use only. You may not reproduce, reverse engineer, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the App or the Content in any other way or for any other purpose without express prior written consent.

Copyrights and Copyright Agents

It is the policy of Dealer Inspire to respond to claims of intellectual property infringement. Dealer Inspire will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this App:

Dealer Inspire, LLC
c/o Cars.com Legal Department
300 S. Riverside Plz.Suite 1000
Chicago, IL 60606
USA

Phone: 312-601-5000
Fax: 312-601-5755
Email: legal@Cars.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online App are covered by a single notification, a representative list of such works at that App;

3. Identification of the material that is claimed 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 the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademarks

You acknowledge that the App and Content includes certain trademarks and service marks owned by the Licensors. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The “Dealer Inspire” name and logo are trademarks of Dealer Inspire Inc. Other product and company names herein may be trademarks of their respective owners.

Software

Please note that all software programming, including without limitation all HTML and other code contained in this App (collectively, “Software”), is owned by Dealer Inspire and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

User Materials

By submitting information, content, photos, data or other materials (“Materials”) via the App, you hereby grant to the Dealer and Dealer Inspire (and their respective Affiliates) a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future, for the purposes of lead generation, financial application, attribution and analytics. You specifically grant Dealer Inspire the right to transmit all Materials to Dealer for purposes of marketing and fulfilling automotive purchases by you and or your household member(s). Uploading copyrighted or other proprietary Material of any kind on the App without the express permission of the owner of that Material is prohibited and
may result in civil and/or criminal liability. Dealer Inspire cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. Dealer Inspire reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the App, you expressly agree that Dealer Inspire (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.

Unsolicited Materials

Dealer Inspire does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the Forums, chat rooms and bulletin boards on the App. Dealer Inspire and the Affiliates shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the App.Collection of Personally Identifiable Information Dealer and Dealer Inspire automatically collects Usage Data (as described below) and may collect ZIP codes and other information in connection with your use of the App (e.g., the type of car you are looking for). You may be required to provide personally identifiable information to use certain features on this App. The types of personally identifiable information that you provide will depend on the nature of the submission, but could include your name, address, phone number, email address, driver’s license, credit card, and other financial information.

Passive Information Collection

The App automatically collects information and may also customize your visit through technical means, including the following:

Cookies: Cookies are small text files that are placed on your computer’s hard drive by computers (or servers) to identify your computer. Cookies allow Dealer Inspire to recognize you when you visit the App or the Dealer site, to personalize your experience and generally to serve you better. Cookies and web beacons can tell us what you have seen on the App, which allows Dealer Inspire to offer you a more diverse selection of advertising information and may also be used together to measure the effectiveness of Dealer Inspire advertising campaigns. Cookies, web beacons and IP addresses are also used to compile data regarding App usage (e.g., what App you came from, what pages of the App you visit, how long you were on the App, what type of browser you are using, what App you went to). Web beacons may also be included in emails sent by Dealer Inspire to determine when and if such emails are opened or forwarded. You can disable cookies or otherwise manage them through tools provided with your browser software and with third-party software packages. If you turn off cookies, many of the App’s features will not work as well or at all. Anonymous information regarding use of our App and services that is collected and/or aggregated by or on behalf of Dealer and/or Dealer Inspire through the use of such technical means or otherwise is referred to as “Usage Data.”

Web Beacons: Web beacons (also known as pixel tags, internet tags, clear GIFs, or single-pixel GIFs) are electronic images embedded into a webpage.

IP Address Logs: Dealer Inspire also logs Internet Protocol (IP) addresses – the location of your computer on the internet – and may log device ID and information about your browser or operating system.

Use of Personally Identifiable Information: Personally identifiable information collected by Dealer Inspire through your use of the App, through your providing an email address, or through your providing a mobile number to receive coupon(s) or other communications via call, text or SMS, may be stored on servers or in a cookie on your computer and may be used by Dealer and/or Dealer Inspire for any of the following purposes:

To confirm or fulfill a request that you make (e.g., in order to send you a price quote or other information you have requested, Dealer Inspire may share your contact information and content interests with the Dealer and/or automotive manufacturer).

To deliver coupons and other marketing communications via text or SMS, which, by providing your mobile number via the App, you have expressly consented to receive.

To follow up on any request that you have previously made.

To communicate with you regarding services (e.g., the Dealer may send you emails or call you to confirm a price quote request or to notify you that you have received a lead regarding a vehicle you have advertised or to request that you participate in a survey).

To send promotional materials, newsletters or other content via email, text message, or otherwise. If you no longer wish to receive a particular email newsletter or other promotion, you must follow the opt-out instructions included in such email newsletters, text messages, and promotions.

To permit third parties (to whom Dealer and/or Dealer Inspire may disclose personally identifiable information specifically for direct marketing purposes) to send you promotional or informational messages. Where contact is via phone or SMS, you affirmatively agree to receive such messages. You agree that the Dealer or other third-party may use an autodialer to text or call, and that a portion of any call may be pre-recorded.

To improve user experience.

To manage Dealer and/or Dealer Inspire’s business and its relationships with affiliates, customers, and other third parties to which personally identifiable information may be disclosed pursuant to this Statement.To assist in App administration, analysis, research, development, optimization and other internal purposes, including, without limitation, to compile Usage Data.

Use of Usage Data: Usage Data is used by Dealer and/or Dealer Inspire for administrative, analytical, research, optimization and other purposes. For example, Dealer Inspire may use statistical analyses of Usage Data in order to measure interest in the various features of the App, for development purposes and to inform advertisers and partners in aggregate and anonymous terms about consumers who view their advertising. IP addresses are also used for systems administration and troubleshooting purposes.

Your use of Dealer and/or Dealer Inspire products or services will not be limited if you opt out of receiving telemarketing calls or texts. However, you agree that Dealer and Dealer Inspire may each send to you, and you cannot opt out of, communications of a transactional or relationship nature, including, but not limited to, communications regarding fraudulent or illegal activity, the status of your application or account, changes to this Statement or the applicable Terms of Service, as well as communications to confirm, fulfill and follow up on your application registration or a request submitted through the App.

Mobile-specific information we may collect

Dealer and Dealer Inspire collect mobile information such as your device and hardware IDs and device type, the request type, your carrier, your carrier user ID, and the content of your request, which does not by itself identify you, though it maybe unique or consist of or contain information that you may consider personal. Dealer Inspire may collect geo-location information (this may include when you use location-based products and services on the App, and/or turn on location-based services on your mobile device). This information may reveal your actual location, such as GPS data, or it may not. All requests may be sent through your mobile carrier’s network and your carrier may have access to it. For information regarding your carrier’s treatment of your information, please consult your carrier’s privacy policies.

Information Sharing

Dealer and Dealer Inspire share the personally identifiable information that you provide with third parties in the following cases:

1.Affiliates. Dealer and/or Dealer Inspire may share your personally identifiable information with affiliates in a manner consistent with this Statement. As used herein, “Affiliates” may refer to automotive OEMs with which the Dealer and/or Dealer Inspire may have a commercial relationship.

2. Requests. If you request information or services through the App, you agree that personally identifiable information may be shared with third parties as may be necessary to provide such information to or perform such services for you. Similarly, if through the App you request additional information from a financial institution, Dealer and/or Dealer Inspire may share your information with that institution. Personally identifiable information also may be included in reports to these third parties. After the information is provided to such third parties, the subsequent use or disclosure of such information is subject to those third parties’ privacy policies and practices and Dealer and Dealer Inspire do not control their subsequent use or disclosure of information.

3.Direct Marketing. Personally identifiable information may be shared with third parties for direct marketing purposes; use or disclosure of such information is subject to third parties’ privacy policies and practices.

4.Service Providers. Dealer and/or Dealer Inspire may work with third parties that provide services on its behalf, including, among others, providers of analytical, attribution, development, promotional, research, credit card processing, technical and other services.

5.Other. Dealer and Dealer Inspire expressly reserves the right to release any personally identifiable information or other information you provide to third parties under the following circumstances: (a) when required by law or legal process, (b) to investigate and/or take action against illegal activity, suspected abuse or unauthorized use of the App, (c) to protect the property or safety of our users or others, (d) to enforce the Terms of Service and (e) in connection with any sale or other transfer of ownership of all or a part of Dealer Inspire.

Please note that the messages that Dealer and/or Dealer Inspire sends to you to confirm, fulfill or follow up on a request may incidentally include promotional material or other content from Dealer and/or Dealer Inspire or its partners. Dealer and Dealer Inspire each reserve the right to share Usage Data with any third party for any reason.

Security

Your personally identifiable information is one of our most valuable assets. We take steps to keep it physically secure in our data centers and it is accessible only to authorized personnel as needed to perform operations governed by this policy. In addition, when Dealer Inspire collects credit card information from you, Dealer Inspire uses Secure Socket Layer (SSL) encryption, the industry standard for protecting privacy in web transactions. Please keep in mind that despite these measures, Dealer Inspire cannot guarantee or warrant 100 percent security of its servers and databases. Moreover, Dealer Inspire cannot guarantee that personally identifiable information that you submit through the App will not be intercepted or otherwise disclosed.

Notice to California Residents – Your California Privacy Rights

If you are a California or Nevada resident, state law may provide you with additional rights regarding our use of your personal information. To learn more about your California or Nevada privacy rights, please visit the Dealer’s Privacy Policy or Dealer Inspire’s California & Nevada Privacy Statement.

Notice to European Residents

This App is intended for use solely in the United States, Mexico and Canada by U.S., Mexican and Canadian residents. Neither Dealer nor Dealer Inspire makes any claims that the App is appropriate for use outside of the United States, Mexico or Canada. Dealer Inspire does not knowingly collect or solicit personal information from residents of the European Union. If you believe that we may have any information from or about an EU resident, please contact us immediately.

Representations/Indemnity

You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the App, (b) the Materials do not and willnot infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold Dealer Inspire, its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and allclaims, costs, demands or expenses, including attorneys’ fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the App or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.

Warranty Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE APP AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. DEALER AND DEALER INSPIRE (AND THEIR RESPECTIVE AFFILIATES AND/OR THIRD-PARTY LICENSORS) DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE APP, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTSTHAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE APP, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND DEALER AND DEALER INSPIRE (AND THEIR RESPECTIVE AFFILIATES AND/OR THIRD-PARTY LICENSORS) SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS APP IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. DEALER INSPIRE MAKESNO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE APP.DEALER INSPIRE CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. DEALER INSPIRE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE APP OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH DEALER (AND NOT DEALER INSPIRE) PRIOR TO THE SALE OF THE VEHICLE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

DEALER AND DEALER INSPIRE (AND THEIR RESPECTIVE AFFILIATES, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS) SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE APP, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF DEALER AND DEALER INSPIRE (AND THEIR RESPECTIVE AFFILIATES, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS) FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.

Termination of Service

You understand and agree that in Dealer Inspire’s sole discretion, and without prior notice, your access to this App may be terminated or suspended, and Dealer Inspire may exercise any other remedy available and remove any Materials, if Dealer Inspire believes that your use of the App and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of Dealer Inspire, any Affiliate or Licensor, or another User of the App, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Dealer Inspire for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that Dealer Inspire post a bond. Dealer Inspire is not required to provide any refund to you if you are terminated as an authorized User of the App because, in Dealer Inspire’s sole discretion, you have violated these Terms of Service.

Changes to these Terms of Service

Dealer Inspire reserves the right to update and periodically amend these Terms of Service at its discretion and at any time. If Dealer Inspire makes changes to these Terms of Service, amendments will be posted online and the date of update will be included. Your continued use of the App after any such update indicates your agreement to the same. Dealer Inspire may modify, suspend, discontinue or restrict the use of any portion of the App without notice or liability.

Miscellaneous

These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the App must be exclusively filed in the federal or state courts located in Cook County, Illinois, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Cook County, Illinois, and waive any objection based on forum non conveniens. As a condition of using this App, you agree that all causes of action arising out of or connected with this App shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Dealer Inspire to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.

Contact Information

If you have any questions or comments about these Terms of Service or the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California, Nevada or other state law, please do not hesitate to contact the Dealer using the information publicly available on the Dealer website, or contract Dealer Inspire at:

Phone: 855.357.4677
Email: Privacy@DealerInspire.com

Finally, you may also mail us with general questions at:

Dealer Inspire
1864 High Grove Lane, #124
Naperville, Illinois 60540

©2020 Dealer Inspire Inc., 1864 High Grove Lane, #124, Naperville, Illinois 60540
Last Updated — November 16, 2020