Introduction

Welcome to the CarQualifier LLC (CarQualifier) website. We hope you find us to be a useful part of your car buying experience. CarQualifier is not an automobile broker or dealer; we are simply providing a service that allows subscribers to obtain current, accurate, and competitive information to effectively negotiate the purchase or lease of a vehicle while educating the subscriber in the process. Your use of the CarQualifier website and the services made available is subject to these Terms and Conditions. By using any of our services, you agree to be bound by, and use our services in compliance with these Terms and Conditions.

CarQualifier may make changes to these Terms and Conditions from time to time. When we do, the date given above (last updated) will be revised. CarQualifier will alert you to the changes in the Terms and Conditions, but it is your responsibility to review these Terms and Conditions frequently and to remain informed of any changes to them. The most current version of these Terms and Conditions will supersede all earlier versions. You agree that your continued use of our services after such changes have been published will constitute your acceptance of such revised Terms and Conditions.

You agree that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.

License to Use CarQualifier's Services

Subject to these Terms and Conditions, CarQualifier will grant you a limited, personal, non-exclusive, non-transferable, non-sub licensable license to use our services for commercial purposes, your personal use, and not for resale or further distribution. Your right to use CarQualifier’s services is limited by all terms and conditions set forth in these Terms.

CarQualifier (and where applicable, third parties from whom we have obtained licenses) retain all right, title, and interest in and to our services, including all related intellectual property rights. Our services are protected by applicable intellectual property laws, including United States copyright law.

Access to CarQualifier’s Services

CarQualifier does not provide you with the equipment to access our services. You are responsible for all fees charged by third parties related to your access and use of our services (i.e., Internet service provider fees).

CarQualifier reserves the right to modify or discontinue, temporarily or permanently, all or any portion of our services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our services.

Restrictions

You must comply with all applicable laws when using CarQualifier’s services. Except as may be expressly permitted by applicable law, or as CarQualifier may authorize expressly in writing, you will not, and will not permit anyone else to:

  1. Store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our services or compile or collect any its content as part of a database or other work;
  2. Use any automated tool (i.e., robots, spiders) to access or use our services or to store, copy, modify, distribute, or resell any of its content;
  3. Rent, provide, lease, lend, host, use for timesharing, or sub license your access to our services to another person;
  4. Use any services or its content for any purpose except for your own personal use;
  5. Circumvent or disable any digital rights management, usage rules, or other security features of our services;
  6. Use our services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our services; or
  7. Remove, alter, or obscure any product or service identifier, proprietary notices (including copyright and trademark notices), notice, instructions, disclaimers, or legends on any portion of our services or any of its content.

Except as otherwise explicitly provided in these Terms and Conditions or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to:

  1. Reproduce, translate, enhance, decompile, disassemble, reverse engineer, attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats, data structure or other aspects of the services or software, or create derivative works of any of our services; or
  2. Circumvent or disable any security or technological features or measures of our services.

You express acknowledge and agree that there is no adequate remedy at law for a breach of this Section, that such a breach would irreparably harm CarQualifier and That CarQualifier is entitled, without limiting CarQualifier’s other remedies at law or equity, to obtain injunctive relief (temporary or permanent) from any court of a competent jurisdiction immediately upon request and without need to post a bond or security, with respect to any such breach or potential breach in addition to other remedies.

These Terms and Conditions constitute the entire agreement between you and CarQualifier regarding the Website and supersede any prior contemporaneous agreement regarding that subject matter.

Linking to CarQualifier’s Services

If you link to CarQualifier’s services, you are permitted to link only to the home page at www.carqualifier.com. Linking to any pages other than the home page of our Website, linking to any internal parts of our services, framing of our services within or as part of any third-party services, or any other manner of incorporating parts of our services as part of another website or service, is not permitted without our prior written consent.

Registration, Accounts, and Passwords

In order to participate in certain areas of CarQualifier’s website, you need to register for an account. If you are required to register for an account, you agree to:

  1. Create only one account;
  2. Provide accurate, truthful, current, and complete information when creating your account;
  3. Maintain and properly update your account information if it changes;
  4. Maintain the security of your account by not sharing your password with others and restricting access to your account and your computer;
  5. Promptly notify us if you discover or otherwise suspect any security breaches relating to the Website; and
  6. Take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
You are responsible for all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to your username or password.

Restricted Areas of the Services

Certain parts of CarQualifier’s services, may be password restricted to registered users or other authorized persons. If you are authorized to gain access to any password protected areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our services that is known to you.

Privacy Policy

CarQualifier may collect registration, demographic, and other information about you through our services. Our collection and use of this information is governed by our Privacy Policy, which is incorporated by reference into these Terms and Conditions.

Vehicle Information

CarQualifier is not an automobile dealer or broker and does not sell exchange, buy, or offer for sale, negotiate or attempt to negotiate, a sale or exchange of an interest in any vehicle. CarQualifier is an information service that brings together Buyers and Dealers. While CarQualifier does assist Buyers in obtaining information concerning vehicle prices and provides information about the vehicle purchasing process, CarQualifier does not induce or attempt to induce any person to buy or exchange an interest in a vehicle. Information about a particular vehicle is supplied by the Dealer, not by CarQualifier. The decision to buy or sell, and the price and other terms of any sale negotiated is directly between the Buyer and the Dealer. The prices and payments presented on CarQualifier exclude sales tax, title, and trade equity, any or all of which may be added to the presented price or payments to arrive at the final sale price or payments for a particular vehicle. Though we hope that all who come to CarQualifier will act honorably and treat each other fairly, we cannot verify the information supplied by Dealers or guarantee the vehicles they offer.

Materials (Images, Information, Print)

The CarQualifier website may contain images of vehicles. These images do not represent the actual vehicle being sought after by a user. These images are provided by a third party vendor and may not reflect your exact vehicle specifications. CarQualifier is not responsible for incorrect information given in the form of photos, including but not limited to, that which is provided by vendors and other third parties. Highly reliable industry recognized third parties provide the vehicle pricing information that is used in our Website. For lease calculations, we use the industry standard guide for residual values which may differ from values used by both captive and third party finance companies. In some instances, the data provided does not reflect residual value immediately, for example with new model year vehicles. In this case, CarQualifier will use the previous year’s model as a guide to determine residual pricing, including, but not limited to, averaging an entire model line or a comparable make until the actual residual value has been updated. Accordingly, CarQualifier cannot be responsible for the typographical and other errors that may appear on the Website. If there is incorrect information given about vehicle price, product, or service due to typographical error, CarQualifier is not responsible for such errors or their correction.

Dealer Information

CarQualifier is not an automobile broker and does not negotiate or attempt to negotiate, a sale or exchange of an interest in any vehicle. CarQualifier does not induce or attempt to induce any person to buy or exchange an interest in a vehicle. In addition, CarQualifier cannot assure a Dealer that a Buyer intends to purchase a vehicle that a Buyer has the financial capability to consummate the purchase of a vehicle even though the Buyer has used our service, or that a Buyer has fully or fairly represented any or all of their financial information. CarQualifier is aware that inaccurate statements and misleading representations regarding a vehicle will undermine a User's confidence in a Dealer and erode User confidence in CarQualifier; consequently, CarQualifier requires that the information Dealers supply is accurate and that, in all respects, that Dealers treat CarQualifier Users fairly and honorably.

The Dealer Underwriting Process

CarQualifier analyzes your data, both Personally Identifiable Information (PII) and Non-Personally Identifiable Information (Non-PII), for the purpose of providing you with a qualified monthly payment. The monthly payment(s) provided to you as a result of using CarQualifier’s service(s) are informational and are independent of any Dealers and their Lenders. The final terms are subject to the Dealer’s underwriting process.

Access to the CarQualifier Website

The CarQualifier website may become inaccessible or it may not function properly with your web browser and operating system. The CarQualifier website is optimal when using the most updated versions of web browsers and may not function properly with prior versions (i.e. Internet Explorer versions 8 or 9). CarQualifier cannot be held liable for any perceived or actual damages arising from content, materials, operation, or use of this Website.

We undertake no obligation to update, amend, or clarify information on this Website, including without limitation, pricing or product information, except as required by law. No specified update or refresh date applied on this Website should be taken to indicate that all information on the Website has been modified or updated. Please remember when reviewing information on this Website that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Website to become inaccurate or incomplete. On occasion, information on this Website may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, product descriptions, or product shipping charges and transit times. We reserve the right to, at any time and without prior notice, correct any errors, inaccuracies or omissions and to change or update information if any information on the Website is inaccurate. This Section is not intended to limit the disclaimer below.

Links and Third Party Content

CarQualifier’s services may display, or contain links to Third Party products, services, and websites. These Third Party websites may be subject to different terms and conditions. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other Third Parties on our services, or which is accessible through or may be located using our services are those of the respective authors or producers and not of CarQualifier or our shareholders, directors, officers, employees, agents, or representatives.

CarQualifier does not control Third Party content and does not guarantee the accuracy, integrity, or quality of such Third Party content. CarQualifier is not responsible for the performance of, the endorsement of, nor are we responsible or liable for, any Third Party content or any information or materials advertised in any Third Party content. CarQualifier is not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any Third Party service or Third Party content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our services.

User Postings to CarQualifier’s Services

CarQualifier may, from time to time, allow you to post information and content to our services. To post user generated content on the Website, you must first complete the Website registration process to create an account with a username and password (the “Account”). You agree to provide accurate, current, and complete information during the registration process, when contributing user generated content or otherwise using the Website. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your username and password, and you authorize us to accept any use of the Site through your Account as being used by you or someone authorized to act for you. You agree to be liable for any user generated content posted using your Account and for any transactions associated with your Account. You agree that we can rely upon the contact and other information that is supplied to us using your Account and that we will rely upon such information. You agree and acknowledge that your Account is non-transferable and non-assignable. You may not share your password with anyone.

You agree that we are free to use any comments, information, ideas, concepts, methods, techniques, content, and any other material in any post or submission that you may make to our services, without further compensation, acknowledgement, or payment, for any purpose whatsoever including, without limitation, modifying or improving the services. Furthermore, by making any submission on the services, you grant CarQualifier a perpetual, nonexclusive, fully paid, royalty-free, irrevocable, sub licensable, worldwide license and right to display, use, perform, transmit, reproduce, modify, distribute and create derivative works of the submission in any form, media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any Third Party. By posting or providing any submission, you represent and warrant that public posting and use of your submission by us will not infringe upon or violate the rights of any Third Party. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments, and waivers set forth in these Terms and Conditions. You agree that we may (but are not obligated to) display your user generated content and your username or your actual name along with your user generated content.

You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to edit or to refuse to post submitted content and the right to remove any content for any reason at any time.

You will not use our CarQualifier’s services to:

  1. Upload, post, email, or otherwise transmit any submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Create user generated content that is defamatory in nature, infringes the intellectual property rights, privacy, rights to publicity, or any other legal or moral rights of any Third Party.
  3. Harm us or Third Parties in any way;
  4. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  5. Upload, post, email, or otherwise transmit any submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post, email or otherwise transmit any submission that infringes any patent, trademark, trade secret, copyright, or other right of any party;
  7. Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
  8. Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Interfere with or disrupt the services, servers, or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the services;
  10. Intentionally or unintentionally violate any applicable local, state, national, or international law or regulation;
  11. “Stalk”, threaten, or harass authors or other users or infringe upon, invade, or attempt to infringe upon or invade their privacy;
  12. You will not post any information or material which may constitute or encourage conduct that is a criminal offense, tort, or civil wrong, or otherwise violates any applicable law; or
  13. Collect or store personal data about other users.

By submitting or posting any user generated content on the CarQualifier website, you warrant and represent that:

  1. Your user generated content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity, or any other legal or moral rights of any Third Party.

Feedback

CarQualifier may provide you with a mechanism to provide feedback, suggestions, proposals, and ideas, if you choose, about our services. When you submit feedback, ideas, suggestions, or proposals (collectively, “Ideas”) to us, you represent, warrant, and agree that: Your ideas do not include confidential or proprietary information, you have all necessary rights to submit them to us, and that they do not and will not infringe or violate any third party rights of any kind; If we so choose, we may use and disclose your ideas on any way; and We have no obligation to pay or reimburse you for your Ideas or our use of your Ideas. You also acknowledge that: We may have already created, or be in the process of creating, content that may be substantially similar to your Ideas at the time you submit those Ideas to us; and Elements of your Ideas may not be subject to protection under copyright law. You agree that CarQualifier may, in our sole discretion, use the feedback you provide to us in any way, including in future enhancements and modifications to our services. You hereby grant to CarQualifier and our assigns a perpetual, worldwide, fully transferable, sub licensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the feedback in any manner for any purpose, in any form, media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any Third Party.

Trademarks

“CarQualifier,”, “CQ”, the CarQualifier logo, and any other product or service name or slogan displayed on our services are trademarks of CarQualifier LLC and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CarQualifier LLC or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “CarQualifier” or any other name, trademark or product or service name of CarQualifier without CarQualifier’s prior written permission. In addition, the look and feel of our services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of CarQualifier and may not be copied, imitated, or used, in whole or in part, without CarQualifier’s prior written permission. All other trademarks, registered trademarks, product names and company names, or logos mentioned in our services 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 thereof by CarQualifier.

Disclaimers of Warranties

Since operation and functionality of the Website depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Website may not work on your computer, be interrupted, or have errors in its operation, or may interfere or even harm the operation of your computer; CarQualifier does not warrant the successful operation of the Website on your computer, and we are not liable for any such problems that result from your use of the Website.

Moreover, the Site may contain advice, opinions, instructions, and statements from CarQualifier, its Users, and other Content and Information providers. This Content is intended to be used for informational purposes only. You use the Site and Content at your own risk. We strongly urge you to consult a professional or some other authority in the appropriate field before using any of the Content. The Site is provided by CarQualifier on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by Law, CarQualifier makes no representations, warranties, or conditions of any kind, express or implied, as to the operation of the Site or the Information or Content included on the Site. CarQualifier, our Suppliers and Licensors make no representations or warranties that the Site will be uninterrupted, error-free, virus-free, secure, or timely, to the maximum extent permitted by Law. CarQualifier expressly disclaims all representations, warranties, or conditions of any kind, whether express or implied, including but not limited to the implied representations, warranties, or conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from a course of dealing, trade, usage, or performance. CarQualifier does not guarantee the accuracy, completeness, or usefulness of the Services or any of its Content, and you rely on the Services and its Content at your own risk. Any material that you access or obtain through CarQualifier is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through our Services. No advice or information, whether oral or written, obtained by you from us or through or from our Services will create any warranty not expressly stated in this agreement. Some states may prohibit a disclaimer of warranties and you may have other rights that vary from state to state.

Limitation of Liability

CarQualifier and our suppliers and licensors will not be liable for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, loss of data, loss of privacy, or other intangible losses resulting from your use of our services and its content, even if we have been advised of the possibility of these damages. Under no circumstances will the total liability of us and our suppliers and licensors of all kinds arising out of or related to your use of the services and its content, including but not limited to warranty claims, regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts, if any, that you have paid to us for your use for the services and its content. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages; therefore, the above limitation may not apply to you.

Indemnity

You will indemnify and hold CarQualifier, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the services and its content, your violation of these Terms and Conditions, or your violation of any rights of a Third Party through use of the services or its content.

Legal Notices

Enforcement of these Terms and Conditions will be governed by the laws of the State of Florida, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms and Conditions or your use of CarQualifier’s services and its content will lie in the state and federal courts located in Palm Beach County, within the State of Florida, and you irrevocably agree to submit to the jurisdiction of such courts. CarQualifier’s failure to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

This Website is controlled by us from our offices within the United States (U.S.) of America and is directed to U.S. users. If you choose to access this Website from locations outside of the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Website in violation of U.S. export laws and regulations or the Terms and Conditions.

When you visit the CarQualifier website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the CarQualifier website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We may discontinue the CarQualifier website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time, for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CarQualifier as a result of these Terms and Conditions or your use of the Website. Nothing contained in these Terms and Conditions is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by CarQualifier with respect to such use. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CarQualifier’s failure to enforce any provision of these Terms and Conditions or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms and Conditions as to that breach or any other.

Contacting CarQualifier

If you have any questions or concerns about CarQualifier’s services or these Terms and Conditions, you may contact us at: CarQualifier LLC, 6001 Broken Sound Parkway NW, Suite 100, Boca Raton, FL 33487; or by email at support@carqualifier.com. Please include the words “Terms and Conditions” in the subject line.

CarQualifier Online Site Usage Agreement

IMPORTANT – PLEASE READ CAREFULLY

By completing the acceptance process and checking the accept box, you represent and warrant that you:

Are 18 years of age or older;

Are, or are authorized to sign for and bind the contracting party defined below as “Customer”; and

Have read, understand, and agree on behalf of Customer to be bound by all CarQualifier’s Terms and Conditions.

Otherwise, do not check the accept box to proceed and you will not be enrolled in CarQualifier.

This Online Site Usage Agreement is a legal and binding instrument entered into as of the date of acceptance by Customer, by and between CarQualifier and Customer, the individual or entity entering into this Online Site Usage Agreement. CarQualifier reserves the right to amend this Online Site Usage Agreement from time to time.

Description of Services: CarQualifier will provide the Customer with the following functionality:

Research: without identifying who they are (disclosing their name and social security number), and providing only their zip code, the Customer can research all major brands sold in the U.S. The Customer can select, build, compare, and price any and all vehicles that are within their budget.

Qualification: Once the Customer has finished with the vehicle research and has selected a vehicle, or vehicles, of their choice, the system will direct the Customer to Qualify. The Customer can enter their personal data, as required, to obtain a credit check from Equifax®. The Customer can then receive qualified monthly lease and financing payments for any new or used vehicle they Qualify for.

Certificates: Once the Customer has been Qualified, they may now select up to ten vehicles within their Qualified affordable. For each of the vehicles, the Customer will receive a Credit Powered Certificate™ that can be presented to a CarQualifier Certified Dealer who will meet or beat the certificate monthly payment amounts. The Credit Powered Certificate™ may be presented to any new vehicle Dealer, but only those that are CarQualifier Certified Dealers have agreed to meet or beat the monthly payments for the specified vehicle on the certificate.

Dealer Quotes: Included in the service, the Customer will receive additional assistance from CarQualifier in the form of dealer quotes. CarQualifier will place a request for a quote(s), on behalf of the Customer, from a brand Dealer(s) whose market covers the Customer’s primary residence (zip code). The Dealer will in turn contact the Customer to offer the quote and any additional assistance the Customer may require. Brand Dealers contacting the Customer with quote information can be either Certified or Non-Certified Dealers.

Customer Rights and Restrictions:

During the Term of this Agreement, CarQualifier will enable Customer to access and utilize the services as contemplated herein, and Customer may access and use the services provided hereunder pursuant to and in accordance with the provisions of this Agreement.

Customer may not reverse engineer, decompile, or otherwise attempt to decipher any code in connection with the services or any other aspect of CarQualifier’s technology.

Customer shall not access and/or use any of the services in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the CarQualifier website, services, or any networks or security systems of CarQualifier.

No other rights are granted hereunder except as expressly set forth in this Agreement.

Term and Termination:

Term: This Agreement shall commence on the Effective Date (the date of signature) and continue until canceled by Customer. The Customer should contact Consumer Support to cancel service support@carqualifier.com (include the word “Cancel” in the subject line) or at 800-833-4187. The effect of termination is immediate.

Termination for Cause: CarQualifier reserves the right at any time and at our sole discretion with or without cause or any notice to you, terminate the Terms and Conditions, your access to the Website, and/or your Account, or suspend or block your access to the Website.

Effect of Termination: Upon termination of this Agreement, Customer will immediately discontinue all access to and use of the services. CarQualifier shall not be liable for any damages resulting from a termination of this Agreement as provided for herein; provided, however, the termination of this Agreement shall not affect any claim arising prior to such termination. Customer shall be liable for any fees accrued prior to the date of termination.

Disclaimers of Warranties: Customer hereby acknowledges and agrees that the services are provided by CarQualifier on an “AS IS” and “AS AVAILABLE” basis, and Customer’s access to and/or use of the services is at its sole risk. CarQualifier expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, those of merchantability, satisfactory quality, title, fitness for a particular purpose, and non-infringement. CarQualifier makes no warranty that any of the services will meet the requirements of Customer or that the services will be uninterrupted, timely or error-free, nor does CarQualifier make any warranty as to the results that may be obtained from the use of the services or the accuracy of any other information obtained through the services or that any defects in the plug-in will be corrected. Customer understands and agrees that any material and/or data downloaded or otherwise obtained, including plug-ins, through the use of any of the services is done at the sole risk of Customer and that Customer will be solely responsible for any damage to its computer system or loss of data that results from the download of such material and/or data. No information or advice, whether oral or written, obtained by Customer from CarQualifier or through the services shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to the Customer.

Limitation on Liability: In no event shall CarQualifier be liable for any indirect, special, consequential, or incidental, multiple, punitive or other damages related to this agreement, including, without limitation, loss of data, loss of income, loss of opportunity, lost profits, costs of recovery or any other damages; however, caused and based on any theory of liability, and whether or not for breach of contract, negligence, or otherwise, and whether or not CarQualifier has been advised of the possibility of such damages. Some jurisdictions do not allow limitation or exclusion of liability for incidental or consequential damages; so, some of the above limitations may not apply to Customer.

Indemnification: Customer hereby agrees, at its sole expense, to indemnify, defend, and hold CarQualifier harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to

A Third Party claim, suit, proceeding, action, or allegation of infringement based on information, data, files, or other content submitted by Customer or otherwise related to Customer's access to and/or use of the services; or

Any fraud or manipulation, or other breach of this Agreement by Customer.

Contracting Party, Choice of Law, and Location for Resolving Disputes: This Agreement is between Customer and CarQualifier. Customer is contracting with CarQualifier located at 6001 Broken Sound Parkway NW, Suite 100, Boca Raton, FL 33487 and this Agreement will be governed by the laws of the State of Florida without reference to conflict of law principles, and in any dispute arising out of this Agreement, Customer consents to the exclusive personal jurisdiction and venue in the State and Federal courts within Boca Raton, Florida. If any provision of this Agreement is invalid or unenforceable under applicable law, it shall be to that extent deemed omitted and the remaining provisions will continue in full force and effect. To the extent a provision is deemed omitted, the parties agree to comply with the remaining terms of this Agreement in a manner consistent with the original intent of the Agreement.

Additional Terms:

Authority: Each party hereby represents and warrants to the other party that it has all necessary authority to enter into and perform its obligations under this Agreement without the consent of any Third Party or breach of any contract or agreement with any Third Party.

Assignment: Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part, and any such attempted assignment or delegation shall be void.

Force Majeure: CarQualifier will not be responsible for any delay, interruption, or other failure to perform under this Agreement due to acts beyond the control of CarQualifier.

Choice of Law: This Agreement, and any dispute arising out of or in connection with this Agreement, shall be governed by and construed under the laws of the State of Florida, without regard to the principles of conflict of laws.

Proprietary Rights: CarQualifier retains ownership of all proprietary rights in or associated with all its products and services, and Customer may not use the CarQualifier logo, or any other name, logo, icon, or mark identifying CarQualifier's products and/or services without prior written permission of CarQualifier.

Compliance with Laws: Customer shall comply with all applicable laws, rules, and regulations relating to Customer's access to and/or use of the services.

No Waiver: The failure of either Customer or CarQualifier, in any one or more instance(s), to insist upon strict performance of any of the terms of this Agreement will not be construed as a waiver or relinquishment of the right to assert or rely upon any such term(s) on any future occasion(s).

Severability: If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and effect.

No Third Party Beneficiaries: No person or entity not a party to this Agreement will be deemed to be a Third Party beneficiary of this Agreement or any provision hereof.

Entire Agreement: This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings with respect to the same. No waiver or amendment of any term or condition of this Agreement shall be valid or binding on either party unless agreed to in writing by both parties.

Credit Check:

With the use of our service, CarQualifier will perform a credit check, using Equifax’s® services, in an effort to provide a status of qualification. As a Member of Equifax’s® services, CarQualifier has agreed to Equifax’s® Terms of Use and has added this section to inform you of those terms as they relate to performing a credit check and providing a status of qualification using Equifax’s® services to do so.

Credit Check Requirements: In order to perform a credit check, and provide a status of qualification, you must complete the Qualification Application. You may do so only on behalf of yourself and by doing so, you acknowledge and agree that it is illegal to order credit information about anyone else. You also certify that you are 18 years or older and that all of the information provided incident to your application is true, accurate, complete, and up to date. You also agree to abide by all Terms and Conditions concerning the use of CarQualifier’s products and services. Equifax® will provide CarQualifier related information solely to assist you in understanding your financial and credit status for your personal benefit and for the purpose of providing our qualification service.

Personal Information; Your Authorization: As needed to perform a credit check and provide a status of qualification, you authorize and assign CarQualifier to use Equifax’s® services to obtain and compile:

Your credit information from one or more credit reporting agencies;

Personally Identifiable Information (PII), Non-Personally Identifiable Information (Non-PII), and/or highly restricted information about or concerning you;

Other personal information.

You understand and agree that by submitting your Qualification Application you are providing “written instructions” in accordance with the Fair Credit Reporting Act for CarQualifier, using Equifax’s® services, to obtain credit information from the personal credit maintained by one or more of the three nationwide credit reporting agencies and you hereby authorize Equifax® to access your credit information in order to perform a credit check and provide you with a status of qualification on behalf of CarQualifier for our qualification service.

Credit Repair: CarQualifier is not a credit repair organization nor do we provide any form of credit repair advice or counseling. CarQualifier does not offer, provide, or furnish any products, or any advice, counseling, or assistance, for the express or implied purpose of improving your credit record, credit history, or credit rating.

Credit Information: All credit information furnished with CarQualifier’s qualification service is provided by Equifax®. By this, we mean that Equifax® will use information from your credit file to perform a credit check and provide a status of qualification on behalf of CarQualifier for our qualification service.

Although Equifax® is sometimes used by Lenders, it is not likely that your Lender will use Equifax® to determine your credit risk. When prepared and delivered to you as part of our qualification service, the credit information is provided solely to help you understand how Lenders may evaluate your overall credit risk. Each Lender has specific underwriting standards, so you should not assume that you will receive the same evaluation, credit terms, or conditions.

Your Right to Obtain a Credit Report Free of Charge: CarQualifier will not provide you with a credit report, nor will the use of Equifax® to perform a credit check on behalf of CarQualifier for our qualification service mean that Equifax® will provide you with a credit report. If you would like a copy of your credit report, you have a right to obtain a free copy once every 12 months. You may visit www.AnnualCreditReport.com for additional information.

Questions About Your Credit File or Credit Score: If you have any questions regarding your credit file or credit score, you may request a copy of your credit report and obtain your credit score from any, or all, of the three credit bureaus for a fee, or you may visit AnnualCreditReport.com for your free annual credit report. CarQualifier does not have access to, nor can we answer any questions regarding your credit file or provide you with your credit score.

Dispute of Information in Your Credit File: If you believe your credit file may have inaccurate information, we recommend you obtain a copy of your credit report from either AnnualCreditReport.com or from any, or all, of the three credit bureaus, and review your credit information for accuracy. If upon review of your credit information you discover inaccurate information, you may initiate a dispute to correct the information with the agency that provided you with your credit report.

CarQualifier cannot initiate a dispute on your behalf nor can we access any information regarding disputes on your credit file.

Identity Theft: If you believe you have been a victim of identity theft, you may contact any, or all, of the three credit bureaus and request that an alert be placed on your credit file. CarQualifier cannot place any alerts on your credit file on your behalf.

Third Party Links: Equifax® makes no representations, warranties, or endorsements with respect to any third party links which may be accessed from CarQualifier’s website. When you access a third party link from our website, understand that Equifax® has no control over the content or information provided at that site.

No Guarantee of Product Availability: CarQualifier does not guarantee uninterrupted or error free operation of Equifax’s® service. CarQualifier will use reasonable effort to maintain availability of Equifax’s® service at all times. You agree to promptly notify CarQualifier of a system error or any other problem concerning our product so we may try to correct the error.

Privacy Policy: By submitting your application, you are acknowledging the receipt of CarQualifier’s Privacy Policy and those of Equifax® as detailed in CarQualifier’s Privacy Policy which are bound by the Terms and Conditions for CarQualifier as detailed and incorporated in this agreement.

No Warranty; Limitation of Liability: CarQualifier has no reason to believe that any errors exist when furnishing your status of qualification using Equifax’s® services; however, most of the data contained in your credit file is provided to Equifax® by others and therefore, Equifax® does not control the accuracy or completeness of the information provided. There exists no warranty, either express or implied. Equifax® is not liable to you for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions of any such person in preparing, reporting, or delivering the product, providing authentication services, or in doing anything related thereto. To the extent applicable law disallows any disclaimers or limitations in this agreement, such disclaimers or limitations may not apply to you.

In addition, Equifax® does not warrant the completeness, timeliness, or accuracy of any of the data and/or information available at CarQualifier’s website. To the fullest extent permitted by law, the information is provided “As Is” and “As Available” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

Indemnification: You will indemnify and hold CarQualifier and Equifax® harmless from and against actual loss, costs, liabilities, and expenses, including reasonable attorneys’ fees, resulting from breach of this agreement, your use of CarQualifier’s site or any product or information contained in this site, or information provided using Equifax’s® services, or your infringement of any intellectual property, or other right of any person or entity.

Disclaimer: In no event will Equifax® or its affiliates be liable to any party for any direct, indirect, special, or other consequential damages for any use of, or reliance upon, the information provided by CarQualifier’s website, or any other third party link, including, without limitation, lost profits, business interruption, loss of programs, or other data, even if Equifax® is expressly advised of the possibility of such damages.

Applicable Law: These terms of use and their enforcement shall be governed by laws of the state of Florida. Without regard to conflict of law principles, Federal law shall govern the arbitration ability of all claims between you and CarQualifier pursuant to the section above regarding warranty/limitation of liability, including any and all claims or disputes concerning the validity, construction, and performance of the arbitration provision in the section pertaining to warranty/limitation of liability. Except that to the extent state law applies to that issue, the law of Florida will apply without regard to conflict of law principles.

Agreement: This Agreement constitutes the entire agreement between CarQualifier, and yourself regarding the service and information contained on or acquired through CarQualifier’s site or provided by Equifax® on behalf of CarQualifier, including other third party links as they relate to your request. CarQualifier’s site may contain links to other third parties that Equifax® does not own or operate. You may be subject to additional terms and conditions that apply when you access any third party link. You agree that you are responsible for reviewing and understanding any terms and conditions governing any third party link, third party internet site, and third party products and that CarQualifier nor Equifax®, has any responsibility thereof.

This Agreement takes effect on your first use of CarQualifier’s site, and it applies to all persons accessing CarQualifier’s site from your computer, and to all persons authorized by yourself to use your username and password.

You agree that this Agreement is not intended to and does not confer any rights on any person other than CarQualifier, Equifax®, you, and the third parties referenced in this section. You may not assign this Agreement or CarQualifier’s product to someone else.

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