Última Actualización - 13 de Septiembre, 2024

Términos de Servicio

AutoList.com

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND COMPANY AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Welcome to this website (Site), as operated by CarGurus, Inc. (Company) located at 1001 Boylston Street, 16th Floor, Boston, Massachusetts 02115. Company operates the Site as AutoList and other associated services and offerings, including, without limitation, mobile and tablet applications, that allow users to list and/or locate cars, trucks or other automobiles (collectively, Vehicles) for sale (collectively, the "Service"), and makes it available to you subject to the following terms and conditions of service (the "Terms"). The Terms are a legal contract between you, an individual user or single entity (individually User or collectively, "Users"), and Company regarding your use of the Service. You will also be subject to any additional posted guidelines or rules applicable to specific premium services, products, and features offered through the Service, which are hereby incorporated into these Terms.

You are granted permission to use the Service, provided that you comply with the Terms. BY ACCESSING AND USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AT ANY TIME, PLEASE DO NOT USE THE SERVICE.

Applicable Terms and Policies.
1. Guidelines . When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features, including, without limitation, end user license agreements for downloadable applications, which may be posted from time to time (collectively, the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
2. Privacy Policy . Please read the Privacy Policy ("Privacy Policy") carefully for details relating to what information and data Company collects from you and other users, and how we use that information internally and disclose it to third parties. Company's Privacy Policy is hereby incorporated into these Terms by reference.
Our Proprietary Rights.
1. General . The content, interactive and visual features, software, information, listings, and all other elements of the Service provided by Company (Company Materials) are owned and/or licensed by Company and protected by all relevant intellectual property, proprietary, and other applicable laws and regulations. Company Materials do not include User Submissions (as defined below). Except as expressly authorized by Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, or otherwise make unauthorized use of the Service and Company Materials. Company reserves all rights not expressly granted herein.
2. License . Company grants you a limited non-exclusive license to access and use the Service for your personal, non-commercial purposes.
3. Further Restrictions . You further agree not to (i) intentionally interfere with, damage, impair, or disable the Service's operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code; (ii) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users; (iii) use the Service or Company Materials for any unlawful purpose or as prohibited by these Terms; (iv) defame, harass, abuse, threaten, stalk, impersonate, or defraud other Users, or collect personal information about them or third parties without their consent; (v) use any robot, spider, scraper, site search/retrieval application, or other automated means to access the Service for any purpose (including, without limitation, to retrieve information from or data mine the Service) without Company's express consent or bypass Company's robot exclusion headers or similar measures; (vi) remove, circumvent, disable, damage or otherwise interfere with the Service's security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations; (vii) attempt to gain unauthorized access to the Service, other User accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means; (viii) deep-link to the Service, and you agree you will promptly remove any links that Company finds objectionable in its sole discretion; (ix) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (x) harm or exploit minors; or (xi) modify, adapt, reproduce, translate, or create derivative works based upon the Service, except to the extent expressly permitted by applicable law notwithstanding this limitation.
4. Service Access . The Service is controlled and offered by Company from its facilities in the United States of America and elsewhere, including all or a portion of the Service that may be operated from the "cloud", or other similar distributed hosting environment. Company makes no representations that the Service is appropriate or available for use in other locations. If you are accessing or using the Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.
User Submissions.
1. General . The Service may now or in the future permit the submission and posting of or linking to data, files, text, photos, commentary or any other content submitted by you and other Users, including without limitation, listings for Vehicles (collectively, "User Submissions"), and the hosting and/or publishing of such User Submissions. Company may or may not use or publish your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, Company does not guarantee confidentiality with respect thereto. Furthermore, the Service may now or in the future restrict the amount and/or number of User Submissions you may host on the Service, and you agree that Company may impose such limits in its sole discretion.
2. Grant of Rights . By submitting User Submissions to Company or the Service, you hereby grant Company and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit (collectively, Use) your User Submissions in connection with the Service (including, without limitation, to provide you with any related services) and/or Companys (and its successors) business (including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered). You grant Company, its affiliates, and sublicensees the right to use any personal information that you submit in connection with such User Submission, as provided for in the Privacy Policy. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each User of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Service and these Terms. Except for the limited rights set forth in these Terms, each User retains all right, title, and interest in its User Submissions. If you make suggestions or provide feedback to Company on improving or adding new features to the Service, Company may Use such suggestions or feedback in any manner without any compensation to you.
3. User Submissions Representations and Warranties . You and each User shall be solely responsible for your User Submissions and the consequences of uploading, posting, or publishing them through the Service. In connection with User Submissions, you represent and warrant that: (i) you own, or have the necessary rights to use and authorize Company to use, all intellectual property or other proprietary rights to User Submissions to enable inclusion and use of User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above (without any additional compensation); and (ii) your User Submissions, Companys and other Users use of such User Submissions in connection with the Service, and Companys and other Users exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any intellectual property and proprietary rights; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation (including, without limitation, any laws applicable to the advertising or sale of Vehicles).
4. User Submissions Prohibited Uses . In connection with your User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage Company or any third party; (ii) submit material that is inaccurate, misleading, defamatory, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages (or provides instruction regarding) conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate; (iii) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iv) upload User Submissions that would be harmful to minors in any manner.
Non-Company Content Disclaimer.
You understand that when using the Service, you will be exposed to User Submissions and other content from a variety of sources, including listings information that Company aggregates from third parties (collectively, Non-Company Content). COMPANY IS NEITHER RESPONSIBLE NOR LIABLE IN ANY WAY FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OR INFRINGEMENT RELATING TO SUCH NON-COMPANY CONTENT, NOR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-COMPANY CONTENT DISPLAYED OR TRANSMITTED VIA THE SERVICE, OR ANY CONTACT YOU HAVE WITH ANY THIRD PARTY PROVIDER/CONTRIBUTOR OF NON-COMPANY CONTENT, OR ANY TRANSACTION YOU CONSUMMATE IN CONNECTION WITH YOUR USE OF OR ACCESS TO ANY NON-COMPANY CONTENT (INCLUDING, WITHOUT LIMITATION, ANY SALE OR PURCHASE OF A VEHICLE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY IS NOT RESPONSIBLE OR LIABLE (UNDER ANY THEORY OF LIABILITY) FOR ANY USERS OR THIRD PARTYS VIOLATION OF LAWS OR REGULATIONS RELATING TO THE PURCHASE AND/OR SALE OF VEHICLES. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO NON-COMPANY CONTENT THAT IS OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT THERETO. COMPANY DOES NOT ENDORSE ANY USER SUBMISSION OR OTHER NON-COMPANY CONTENT OR ANY OPINION EXPRESSED THEREIN.
Non-Monitoring of Non-Company Content and Users.
Company does not control the Non-Company Content posted by Users and does not have any obligation to pre-screen or monitor such Non-Company Content. If at any time, Company chooses, in its sole discretion, to pre-screen or monitor the Non-Company Content, Company nonetheless assumes no responsibility for the Non-Company Content, no obligation to modify or remove any inappropriate Non-Company Content, and no responsibility for the conduct of the User submitting any such Non-Company Content. Without limiting the foregoing, Company and its designees may, at any time and without prior notice, remove any Non-Company Content, in whole or in part, for any reason. Furthermore, you alone are responsible for your involvement with other Users. Company reserves the right, but has no obligation, to monitor disagreements between you and other Users. Company disclaims all liability related to any User disagreement.
Account Information.
In order to use some features of the Service, you may have to create an account through our online form(s) or depending on the service, through the use of your login(s) for Facebook or other social networking sites. When creating an account, you must provide true, accurate, current, and complete information. You also must ensure that this information is kept accurate and up-to-date at all times. Our use and disclosure of such information is specified in our Privacy Policy.
If you are opening an account or using the Service on behalf of yourself, you represent that you are the age of majority in your jurisdiction and fully able and competent to enter into these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.
If you are opening an account or using the Service on behalf of a company, entity, or organization (collectively Registering Organization), then you represent and warrant that you are an authorized representative of that Registering Organization with the authority to bind such organization to the Terms, and agree to be bound by the Terms on behalf of such Registering Organization.
Password.
When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you should immediately notify Company. You may be liable for the losses incurred by Company or others due to any unauthorized use of your account.
Third Party Services and Third Party Materials.
Company may provide tools through the Service that enable you to export information, including exporting User Submissions to third party services (such as Facebook) or to your devices. By using these tools, you agree that we may transfer such information accordingly and that you will not use such exported information other than for your personal, non-commercial use. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links, information, and references to third party products, services, and websites, which Company does not control or maintain (Reference Sites). Access to and use of any Reference Sites is at the User's own risk and Company is not responsible for the legality, accuracy or reliability of information or statements on Reference Sites. Company provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement. You should review any applicable terms and policies of such Reference Sites, as Companys Terms do not apply to them.
Dealings with Advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Service are solely between you and such advertiser or third party. You agree that Company will not be responsible or liable for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers/third parties on the Service.
Disputes with Third Parties
If you have a dispute with: (i) another User of the Service; (ii) the provider of any Reference Site or Non-Company Content; (iii) any provider of any listing posted on or made available in connection with the Service; (iv) any third party that contacts you as a result of your use of the Service; or (v) any other third party arising in connection with your use of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Availability of the Service.
Company may make changes to or discontinue any part of the Service at any time without notice. The Service may be out of date, and Company makes no commitment to update materials on the Service.
Termination.
These Terms become effective on the date you first use the Service and continue in effect until terminated in accordance with the provisions herein. You agree that Company may suspend, disable, delete or terminate your account or use of the Service at any time in its sole discretion, and you agree that Company shall not be liable to you or any third-party for any such termination. You may terminate these Terms at any time by closing your account, if any, and discontinuing use of the Service. In the event that these Terms are terminated, you will not register a new account under a different name. Upon termination, all licenses granted by Company herein will terminate. In the event that your account is removed or deleted for any reason, User Submissions that you submitted or saved may no longer be available. Company shall not be responsible for the loss of such content.
Indemnification; Hold Harmless.
You agree to indemnify, defend, and hold harmless Company, and its parent, subsidiaries, affiliates or any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorneys fees) arising out of: (i) your use or misuse of the Service; (ii) your User Submissions, including Companys or other Users use, display or other exercise of their license rights granted herein with respect to your User Submissions; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any User Submission infringes or violates any third party intellectual property rights; and (v) your breach of the foregoing representations, warranties, and covenants. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.
DISCLAIMERS.
1. DISCLAIMER AS TO LISTINGS. COMPANY IS ONLY A LISTING SERVICE FOR VEHICLES THAT BRINGS TOGETHER BUYERS AND SELLERS AND IS NOT A PARTY TO ANY TRANSACTION BETWEEN BUYERS AND SELLERS THAT ORIGINATES ON THE SERVICE. YOU UNDERSTAND AND AGREE THAT THE LISTINGS ON THIS WEBSITE DO NOT CONSTITUTE OFFERS FOR THE SALE OF VEHICLES, AND ARE THEREFORE NOT SUBJECT TO APPLICABLE LAWS RELATING THERETO. COMPANY, ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF USE OF THE SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY OF THE LISTINGS (INCLUDING, WITHOUT LIMITATION, APPEARANCE, ACCESSORIES, PRICE, OR AVAILABILITY OF ANY GIVEN VEHICLE) OR OTHERWISE.
  
  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT WARRANT THAT ANY OF THE LISTINGS ON THIS SITE ARE AFFORDABLE OR A GOOD DEAL FOR YOU. INFORMATION ABOUT A PARTICULAR VEHICLE IS SUPPLIED BY THE SELLER, AND THE PRICE AND OTHER TERMS OF ANY SALE REMAIN SUBJECT TO NEGOTIATIONS BETWEEN THE BUYER AND THE SELLER. THE PRICES LISTED BY SELLERS ON THE SITE OFTEN EXCLUDE TAXES, FINANCE CHARGES, TITLE, LICENSE, AND OTHER FEES ANY OR ALL OF WHICH MAY BE ADDED TO THE LISTED PRICE TO ARRIVE AT THE FINAL PRICE YOU PAY FOR A GIVEN VEHICLE. COMPANY, ITS AFFILIATES, PARTNERS AND SUPPLIERS ARE NOT RESPONSIBLE FOR, AND DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING, ANY VEHICLE OR OTHER PRODUCTS OR SERVICES LISTED ON THE SITE OR ANY REFERENCE SITE OR THAT YOU MAY TRANSACT WITH THIRD PARTIES FOR AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
2. GENERAL DISCLAIMER. THE SERVICE, COMPANY MATERIALS, AND ANY NON-COMPANY CONTENT MADE AVAILABLE ON THE SERVICE ARE PROVIDED ON AN AS IS BASIS, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  
  YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIALS OR DATA, OR ANY LOSSES OR HARMS OF ANY KIND YOU MAY SUFFER AS A RESULT OF FOLLOWING UP ON, TRANSACTING AS A RESULT OF, OR OTHERWISE RELYING ON ANY SUCH INFORMATION. COMPANY, ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT THE COMPANY MATERIALS, NON-COMPANY CONTENT, THE SERVICE, OR ANY OTHER INFORMATION OFFERED THROUGH THE SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL COMPANY, ITS AFFILIATES, PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING UNDER THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE COMPANY MATERIALS, NON-COMPANY CONTENT, USER SUBMISSIONS OR THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, PARTNERS OR SUPPLIERS TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS OR FEES PAID IN THE PRECEDING TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANYS LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Digital Millennium Copyright Act .
1. Notification of Infringement . It is Companys policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). If you are a copyright owner or an agent thereof, and believe that any User Submission or other Non-Company Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent designated below with the following information in writing (see 17 U.S.C § 512(c)(3) or consult your own legal counsel to confirm these requirements): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works from the Service; (iii) 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 Company to locate the material; (iv) Information reasonably sufficient to permit Company 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; (v) 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 (vi) 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.
  
  Upon removing any allegedly infringing material, Company will notify the alleged infringer of such takedown.
  
  Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
2. Counter Notification . If you elect to send our Copyright Agent a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements): (i) A physical or electronic signature of the subscriber; (ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  
  Upon receiving a DMCA-compliant counter notice, Company will provide the notifying party a copy of the counter notice and inform that party that Company will restore the material in 10 business days. Company will then reinstate the removed material not less than 10, but no more than 14, business days unless it first receives notice from the party that filed the initial notice that such party has filed a court action against the alleged infringer.
  
  Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
3. Designated Copyright Agent . Companys Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
  
  Attn: Vy Vo
  CarGurus, Inc.
  1001 Boylston Street, 16th Floor
  Boston, MA 02115
  copyright@cargurus.com
  6173154900
Trademarks.
Trademarks of Company may be included within the Service. All trademarks, logos and service marks found on the Service (Company Marks) are the property of Company or other third parties. Users are not permitted to use any Company Marks without the prior written consent of Company or the third party that owns the respective Company Mark. Company bears no responsibility or liability for, and disclaims sponsorship of or affiliation with, any third party marks uploaded to or displayed through the Service. Company is generally unable to evaluate the merits of disputes regarding third party marks and encourages Users to resolve any such disputes directly.
Contact Information.
The Service is offered by Company, located at 1001 Boylston Street, 16th Floor, Boston, Massachusetts 02115. If you are a resident of certain jurisdictions, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Survival.
Sections 2 (other than 2b), 3, 4, 6, 7, 8, 9, 10, and 13-21 will survive any termination of these Terms or your account.
DISPUTE RESOLUTION - MANDATORY ARBITRATION AND CLASS ACTION WAIVER
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CONTACTING US. IN THE UNLIKELY EVENT THAT OUR CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE DISPUTES OR CLAIMS ARISING OUT OF, OR RELATING IN ANY WAY TO, THE TERMS AND CONDITIONS, THE SITE, CONTENT, OR YOUR USE OF THE SITE OR THE INTERACTIVE AREAS (“DISPUTES”) THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT, INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE TERMS OF THIS AGREEMENT. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. IN ARBITRATION, BOTH YOU AND COMPANY WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
1. Notice of Claim and Required Information Dispute Resolution Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be addressed to: CarGurus, Inc., 1001 Boylston Street, 16th Floor, Boston, MA 02115, Attention: Legal (“Notice Address”). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Company (“Demand”). If Company and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Company may then commence an arbitration proceeding.
2. Arbitration Rules . The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator that you and Company mutually select pursuant to the AAA’s rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: Attn: Director of Legal, CarGurus, Inc., 1001 Boylston Street, 16th Floor, Boston, MA 02115. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Cambridge, Massachusetts, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside (which county must be in the continental United States of America). The arbitration shall be governed by the laws of the State of Massachusetts. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned decision or award. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall remain confidential, except for purposes of seeking court intervention (if necessary).
3. No Class Action Matters . We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, consolidated or representative proceeding, as a private attorney general or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator shall not have the power to vary these provisions.
4. Choice of Law and Forum; No Jury Trial . If for any reason a Dispute proceeds in court: (a) you agree that any such Dispute may only be instituted in a state or federal court of competent subject matter jurisdiction located in Middlesex County, Massachusetts; (b) you and Company irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes, stipulate to the fairness and convenience of such courts and covenant not to assert any objection to proceeding in such courts; (c) you and Company agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (d) you and Company agree to waive any right to a trial by jury.
5. Injunctive Relief . Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the ”Ownership And Intellectual Property” section of the Terms of Use(“Your Conduct”).
6. Severability . If any part of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section is ruled to be unenforceable, then the balance of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
Miscellaneous.
These Terms, together with the Privacy Policy and Guidelines, are the entire agreement between the parties on the subject matter hereof. The heading references herein are for convenience purposes only, do not constitute part of these Terms, and shall not limit or affect any provision hereof. The relationship of the parties hereunder is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venturer of the other. In the event that any provision of these Terms is held to be unenforceable, these Terms will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties. These Terms will be governed by the laws of Massachusetts, without regard to its conflict of laws principles. To the extent that any lawsuit or court proceeding is permitted hereunder, the parties consent to the personal and exclusive jurisdiction of the state and federal courts of Middlesex County, Massachusetts. You may not assign these Terms without the prior written consent of Company, and any prohibited assignment will be null and void. Company may assign these Terms without restriction and without any notice to you. Waiver by either party of a breach of any provision of these Terms or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.