AutoNation.com Website Policies

1. Introductions and Definitions

Welcome to our website! We have created this site with you, the customer, in mind. Our website contains many useful features and information to assist you in your vehicle search and purchase. We do have rules though, and we want you to understand the rules so we can each set our expectations. Please take a few moments to review this information carefully. The Terms of Use along with our Privacy Policy explain how we provide the Services, collect, hold, and process your information, and govern your access to and use of the Services, including any content, functionality and services offered on or through the Website. Your use of this website is subject to these Terms of Use and you agree that you have read, understand and will comply with them as a condition to your use of the website If you do not want to agree to these Terms of Use or the Privacy Policy, you may not use the Services.

These terms and conditions, along with any documents incorporated by reference (collectively, "Terms of Use") govern your use of and access to the Services, including the AutoNation website and any related account and servicing portal(s) (the "Website"). In these Terms of Use, the following terms have specified meanings:

• "We," "us," "our," and "AutoNation" means AutoNation, Inc., and/or its current or future affiliates and subsidiaries and their respective officers, employees and other representatives.
• "You" and "your" means the person giving consent, and each additional account owner, authorized signer, representative, and/or user identified on any product, service, or account that you download, request, administer, use, or access from or with us.
• "Services" refers to any product or service made available through or by Us.

PLEASE NOTE THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT THAT GOVERNS HOW CLAIMS BETWEEN YOU AND US CAN BE BROUGHT (SEE SECTION 17 BELOW). THIS MEANS THAT DISPUTES BETWEEN YOU AND US MUST BE HANDLED BY INDIVIDUAL ARBITRATION IF YOU OR WE ELECT, AND THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, USE A JURY, OR BE PART OF A CLASS ACTION. YOU CAN OPT OUT OF THIS, AS SPECIFIED IN SECTION 17.

2. Accessing and Using the Services

a. We designed our Website with the intent of providing the auto industry’s best customer experience. This includes providing you with updated information. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present. Additionally, while some photographs of automobiles found on the Website are photographs of the actual vehicles their color and general appearance may appear differently based on your monitor and color settings. In addition, at times only stock photos of the vehicles are available. We reserve the right to correct any pricing errors or an incorrect statement of accessories on a particular vehicle, change product pricing and specifications, as well as the terms of our guarantees and warranties without notice.

b. To access certain portions of the Website and Services, You may be asked to provide certain details or other information and create a user account, with a username and password. We may set standards for your username and password. It is a condition of your use of the Website and Services that all the information You provide is correct, current and complete. You agree to update your contact information with us, including your email address, through the account settings on the Website, or in any other manner as we may reasonably require. We may require security and authentication procedures for access and additional authentication controls for certain transactions. It is your responsibility to protect your username and password. If a password is created, we recommend that you change it regularly, and select a unique username and password combination for use only with the Website and Services. You must notify Us immediately if you suspect fraudulent activity on your account, or the Services.

c. These Terms of Use will be in effect from the date You agree, and at all times while you are accessing the Services. Either you or we can terminate these Terms of Use at any time and without notice, though certain terms and obligations (as described in certain sections) may survive the termination of the Terms of Use.

d. Our Services may not be available in all states.

3. Prohibited Uses

a. You may use the Website and the Services only in accordance with these Terms of Use, and any other agreements between you and Us. You agree not to use the Website or the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," or "spam" or any other similar solicitation; to impersonate or attempt to impersonate us, one of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or the Services, or which, as determined by us, may harm Us or users of the Website or the Services or expose them to liability.

b. Additionally, you agree not to use the Website or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or the Services, including their ability to engage in real time activities through the Website or the Services; use any robot, spider or other automatic device, process or means to access the Website or the Services for any purpose, including monitoring or copying any of the material on the Website or the Services; use any manual process to monitor or copy any of the material on the Website or the Services or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of the Website or the Services; introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer database connected to the Website or the Services; and otherwise attempt to interfere with the proper working of the Website or the Services. Should you use the Website or the Services to commit a criminal offense, we may disclose information about the user, including the user's identity and other personal information, to law enforcement authorities and immediately suspend or terminate the user’s right to use the Website and the Services.

c. You will not and will not permit any third party to: (i) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Website or Services or any part thereof or otherwise attempt to discover any source code or modify the Services in any manner or form unless expressly allowed; (ii) access or use the Website or the Services to circumvent or exceed account limitations or requirements; (iii) use the Website or the Services for the purpose of building a similar or competitive product or service, (iv) obtain unauthorized access to the Services (including without limitation permitting access to or use of the Website or the Services via another system or tool, the primary effect of which is to enable input of requests or transactions by other than authorized users); (v) use the Website or the Services in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights; (vi) publish, post, upload or otherwise transmit data that contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; or (vii) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark the Website or the Services.

d. In the event you violate or attempt to violate any part of these Terms of Use, we reserve the right to terminate your access to the Website immediately, at our sole discretion, with or without notice of any kind. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this website.

4. Intellectual Property Ownership and Proprietary Rights

All information contained in this website, unless otherwise stated, is owned solely and exclusively by AutoNation and intended for personal and consumer use only. You acknowledge and agree that all contents and materials available on this website are the property of AutoNation or its third party licensors and is protected by copyright, trademark, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, We have not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial, analytical, or research purposes) without the express written consent of AutoNation; however, vehicle information and the online credit application may be printed for your non-commercial, personal use only. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this website. You may not use any meta tags or any other "hidden text" utilizing AutoNation 's name or trademarks. Any activity that unduly burdens the system or AutoNation resources, such as submitting multiple trade appraisal inquiries for the same vehicle, submitting multiple inquiries for different vehicles or other activity that is inconsistent with the stated use, spirit and purpose of the AutoNation website and trade appraisal service, is strictly prohibited. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website is strictly prohibited.

If you are utilizing trade appraisal tools you acknowledge that trade appraisals that are generated using our trade appraisal tool are solely and exclusively for individuals seeking to sell vehicles to Us that they personally own, and cannot be used by third parties to generate data or gather information such as for the purpose of developing a competing trade appraisal service, making an offer directly to a consumer or for such person or entity to act as an intermediary for any third party or individual seeking to sell their vehicle. Trade appraisals generated by the website cannot be modified by any third party or individual.

You must not modify copies of any materials from or related to the Website; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from or related to the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us.

This website contains several names, logos and marks, including but not limited to, the AutoNation name and Wayfinder logo, which are registered trademarks or service marks of AutoNation. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible. INFORMATION ON COPYRIGHT INFRINGEMENT.

5. Electronic Communications

a. By using the Website and/or the Services, you acknowledge and agree that you are contracting with Us electronically, and that we may provide you with any and all notices and disclosures in electronic format (e.g., via email or Website). Any notice, disclosure, agreement, acknowledgement, form, consent, statement, policy, record, document, preference, privacy policy, or other information we provide to you, or that you submit, agree to, or sign at our request (each, a "Communication") will be provided in electronic form and will be provided either: (1) via e-mail or text message, (2) via your account, or (3) via the Website. You have the option to view, save, or print PDF versions of your account documents. You may download and store such Communications and agree that we may make retention copies of Communications.

b. You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, messaging via your account, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to deliver messages relating to this Agreement, your account, and your relationship with Us more generally (for example, messages about our other products and service offerings, upcoming payment due dates, missed payments and returned payments), and as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. You agree that we may use any email address or telephone number you provide as set forth here, now or in the future, including mobile phone numbers. You also agree that we may monitor and record calls regarding your account to ensure the quality of our service or for other reasons. By entering a mobile phone number, you certify that this is your number or that you have the authority to provide this number for contact. The account texts we send may be seen by anyone with access to your phone, and you should safeguard the confidentiality of your devices. You understand that telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else and that these messages may also be recorded by your answering machine. You also authorize Us to deliver messages to you via mail or email at any addresses you supply to them or that they obtain through any legal means to us. If any telephone number you have provided to Us changes, or if you cease to be the owner, subscriber or primary user of any such telephone number, you agree to immediately give Us notice of such facts so that we may update our records.

c. Your consent to autodialed and prerecorded calls and text messages is not a condition of purchase of any good or service from us. You may revoke your consent to receive autodialed calls, text messages and/or calls that deliver a prerecorded or artificial voice message to your cellular telephone number by: writing to us at: AutoNation, Attn: Legal Department, 200 SW 1st Ave, Suite 1400 Ft. Lauderdale, FI 33301; emailing us at: [email protected] ; or, for text messages only, by replying to any text message that the we send to you with only the word “STOP.”

d. We do not charge a fee to receive messages. Message & data rates may apply– this can be checked with your mobile service provider. Charges are billed and payable to your mobile service provider or deducted from your prepaid account.

e. Data obtained from you in connection with this MMS/SMS service may include your cell phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us. Those communications include but are not limited to communications on matters such as vehicle safety, recalls, our services, sales and promotional offers, or any other communications from Us. Alerts sent via MMS/SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless carrier may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. The wireless carrier does not guarantee that alerts will be delivered and will not be held liable for delayed or undelivered messages. We will not be liable for any delays in the receipt of any MMS/SMS messages as delivery is subject to effective transmission from your network operator.

f. We may communicate with you at the phone number you provide (or any device connected to it) by way of calls, messages, emails, texts, voicemails, or any other type of communication receivable on my device. We can use live operators, automated telephone dialing systems, prerecorded voice messages, or any other technologies to communicate with you at that number. Your consent to use of automated dialing systems or technologies to make vehicle related sales and service calls is not a condition of purchase and you may opt-out at any time. For information on data collection and use, or how to opt out, please read our full corporate Privacy Policy .

g. You acknowledge and agree that We may receive, save, monitor and/or record any communications, including e-mails, text messages, written chats and telephone calls between you and Us.

h. The service is available on these US carriers only: Verizon Wireless, Sprint, Nextel , Boost, T-Mobile®, AT&T, Alltel, ACS Wireless, Bluegrass Cellular, Carolina West Wireless, CellCom, Cellular One of East Central Illinois (ECIT), Cincinnati Bell, Cricket, C-Spire Wireless, Duet IP (AKA Max/Benton/Albandy), Element Mobile, Epic Touch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular (IVC), Inland Cellular, iWireless, Keystone Wireless (Immix/PC Management), MetroPCS, MobiPCS, Mosaic, MTPCS/Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Pioneer, Plateau, Revol Wireless, Rina-Custer, Rina-All West, Rina- Cambridge Telecom Coop, Rina-Eagle Valley Comm, Rina-Farmers Mutual Telephone Co, Rina-Nucla Nutria Telephone Co, Rina- Silver Star, Rina- South Central Comm, Rina- Syringa, Rina- UBET, Rina- Manti, Simmetry, South Canaan/CellularOne of NEPA, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, West Central Wireless (includes Five Star Wireless).

i. To manage your communication preferences, visit www.autonationoptout.com

6. Disclaimer of Warranties

a. You understand that we cannot and do not guarantee or warrant that the Website or Services will be free of viruses or other destructive code.

b. YOUR USE OF THE WEBSITE, ITS CONTENT AND THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. . YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE WEBSITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Privacy Policy

We are committed to protecting your privacy. All information you submit to Us through the Website or when using the Services is governed by our Privacy Policy and remains our property. We may use any information you submit for any purpose we deem appropriate in accordance with applicable law and our Privacy Policy. We maintain strict physical, electronic and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you only to our employees who need to know the information to respond to your request or inquiry.

8. Minors

In compliance with the Children’s Online Privacy Protection Act and other applicable laws relating to minors, we do not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors as defined by applicable law. If we determine that a user is a minor under the applicable law and has submitted information by way of our Website without parental or legal guardian’s consent, we will immediately delete such information.

9. Incentives Offered by Manufacturers

Rebates and other incentives provided by vehicle manufacturers or their respective captive financing companies are subject to the terms specified by such entity. These terms include, among others, the particular vehicle or trim/model eligible for the incentive, timeframe of the offer and limitations on quantities and/or combinations with other offers. Please always contact Us for details on available incentives.

10. Third Party Content and Links to Third Party Websites

a. We do not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third party through the Website. If you use any product or service offered by a third party in conjunction with the Website, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of the third party product or service; (ii) we do not control the third party or its product or service; (iii) your use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or omissions, of the third party. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance. This may include, but is not limited to, damages that are direct, indirect, special, or consequential.

b. If the Website contains links to or accepts links from other sites and resources provided by third parties, these are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any such third party resources, you do so entirely at your own risk and subject to the terms and conditions and privacy policies of use for such websites. Any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource. The inclusion of any link does not imply endorsement of the site, its contents, and/or any products or services offered by the owner(s) of the site.

11. Legal Disputes and Choice of Law

If there is a legal dispute of any kind about or arising out of the use of this website, the laws of the State of Florida will govern such dispute without regard to its conflict of laws rules. You agree that if any part of these terms and conditions is found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect. By using this website you expressly agree and irrevocably submit to personal jurisdiction and exclusive venue in the state and federal courts located in the City of Ft. Lauderdale, Florida with respect to any non arbitrable claims, or in the event you opt out of arbitration as provided below.

12. Indemnification

To fullest extent permitted by law, you agree to defend, indemnify and hold harmless Us and our affiliates and licensors, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to, a third-party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other content or materials you submit to us, any fraud, manipulation, or other violation of these Terms of Use, your violation of any other applicable laws or rights of a third party, including but not limited to rights of privacy, publicity or other property rights, or any use of the Website or Services, and its content and products, other than as expressly authorized in these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

13. Reservation of Rights

Any and all rights not expressly granted to you by these Terms of Use are hereby reserved by Us. The Website is intended for use only by citizens of the United States of America (excluding unincorporated territories, Puerto Rico and Guam), eighteen (18) years of age or older, who have the capacity to enter into a valid contract; by accessing the Website, you represent and affirm that you meet these requirements. We reserve the right to amend any part of this website at any time without notice and without incurring any obligation unless prohibited by applicable law. We will provide you all notices as required by law in the event of such change. We encourage you to periodically review these Terms and Conditions for updates.

14. Limitation of Liability

IN NO EVENT WILL WE OR OUR LICENSORS, OR OUR EMPLOYEES, AGENTS, AFFILIATES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE OR SERVICES, ANY WEBSITES LINKED TO THE WEBSITE OR SERVICES, OR ANY CONTENT ON ANY SERVICES OR ITEMS OBTAINED THROUGH SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.