Last Revised: 4/15/2022
By accessing, browsing, submitting information to and/or using the Site, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to these Terms or Privacy Statement, please do not use the Site.
- Privacy Statement; Other Agreements; Notice of Information Practices.
Privacy Statement. These Terms should be read in conjunction with our Privacy Statement, including our Financial Privacy Notice, which are incorporated herein by reference.
Additional Agreements. If you purchase a vehicle or other product from the Company, these Terms may be superseded by separate agreements such as, but not limited to, a leasing, purchasing or financing agreement (“Additional Agreements”), which may include, but is not limited to, information regarding vehicle or product warranties and manufacturer warranties. In the event there are any conflicting terms between the Additional Agreements and these Terms, the Additional Agreements shall control.
- Purpose of the Site; Information Accuracy.
The Site is provided for informational purposes, enabling communication between you and the Company, and the marketing and sale of our products and vehicles (the “Products”). The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Site, or by anyone who may be informed of any of its contents. Information on the Site may be changed at any time without prior notice. Any information you provide or that is collected by the Company through the Site shall be handled in accordance with our Privacy Statement.
- Use of the Site.
The Company grants you a non-exclusive right to access and use the Site and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. You agree to use the Site only for lawful purposes, comply with all rules governing any transactions on and through the Site and comply with applicable laws.
- User Account Responsibility.
If you are given or create a password to access the Site, you are responsible for maintaining the confidentiality and security of your account, including all of your passwords. When creating an account, you agree to provide us with accurate and complete information and detail, as required, and to keep it up to date. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
To the extent you are able to purchase Products on the Site, orders will be initiated when you submit an order on the Site. By placing an order, you affirm that you are legal age to enter into a binding agreement for Company Products, and acknowledge that you are bound by these Terms and any Additional Agreements. You may not order from this Site if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with the Company, or (c) are prohibited from accessing or using this Site by applicable law.
If you wish to purchase any Products available through our Site, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address and your shipping information. You represent and warrant that you have the legal right to use any payment cards or other payment methods utilized in connection with any transaction. By submitting such information, you grant Company the right to provide such information to third parties for the purposes of facilitating the order initiated by you or on your behalf.
You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect as of the time the order is placed, including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you submit to the payment method specified at the time of order.
All orders must identify, at a minimum, the specific Products, unit quantities and requested delivery dates. All orders are subject to the Company’s acceptance, and we reserve the right to limit quantities and to refuse to deal with any person at our sole discretion.
- Prices and Taxes.
All prices are subject to change without notice. Orders are billed at the prices in effect at the time the order is placed, and all prices are shown in U.S. dollars. Export orders may be subject to special pricing.
List prices do not include any federal, state or local duties, excise, sales, use or other taxes, tariffs or duties (collectively, “Taxes”) that may apply to Products. You are responsible for paying all taxes associated with your purchase hereunder. If the Company has the legal obligation to pay or collect Taxes for which you are responsible, you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the applicable taxing authority. In connection therewith, you will indicate which products are tax exempt when you place any order.
- Product Information.
Information about our Products is provided on our Site for illustrative and informational purposes and despite our best efforts, occasional typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, specifications and/or availability may occur. Accordingly, we do not guarantee the accuracy or completeness of any product information on our Site. We reserve the right to correct or update our Site with respect to Products at any time without prior notice (including after you have submitted an order). To the extent you are able to purchase Company Products on the Site, and you do not wish to continue your purchase after pricing or other product information has been corrected, please contact us right away.
- Prohibited Uses of the Site. You agree that you will not:
- Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of them;
- Attempt to gain unauthorized access to any Site account, computer systems or networks associated with the Company or the Site;
- Obtain or attempt to obtain any materials or information through the Site by any means not intentionally made available or provided by the Company;
- Use any robot, spider, or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls.
You may have the opportunity to receive SMS or “text” messages, pre-recorded voice messages or auto-dialed phone calls from the Company, its affiliates and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or for the Company to use your cell phone number or mobile device number in accordance with our Privacy Statement. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions from the Company and as described in the Privacy Statement.
Not all mobile devices or handsets may be supported by this service. The Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from the Company.
- Third-party Websites.
- Third-party Applications.
You acknowledge that your access and use of any third-party applications or software on our Site and Content (the “Third-party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.
- Intellectual Property Notices.
The Site and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Site or Content in any manner, except as expressly permitted by the Company in these Terms. The Site or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.
Copyright. You should assume that everything you see or read on the Company’s Site is copyrighted unless otherwise noted and may not be used without the written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on the Company’s Site will not infringe the rights of third parties. Content, images, photographs, or illustrations displayed on the Company’s Site is either property of, or used with permission by, the Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Company’s Site. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. Nothing contained on the Company’s Site should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Company’s Site without the written permission of the Company or such third party that may own a trademark displayed on the Company’s Site. Your misuse of the Company’s trademark(s) displayed on the Company’s Site, or any other Content on the Company’s Site, except as provided herein, is strictly prohibited.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Site. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Site should be directed to [email protected].
- United States Only.
The Company is based in the state of Minnesota in the United States. The Company provides this Site for use only by persons located in the United States. We make no claims that the Site or any of its contents are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries.
EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE SITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE SITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE SITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR THE CONTENT IS TO CEASE YOUR USE OF THE SITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
- Limitation of Liability.
You agree to defend, indemnify and hold harmless the Company and its affiliates, directors, officers, employees, and/or agents (collectively, “Company Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) that may be incurred by an of the Company Indemnitees arising out of or relating to Your Content, your violation of these Terms, your violation of any applicable laws, rules or regulations in connection with the Site, or from any other misuse of the Site. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of the Company Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, Company reserves the right to assume the exclusive defense and control of any proceeding that relates to the Company, the Site, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Company in our defense thereof.
- Termination and Restriction of Access.
In its sole discretion, the Company may terminate or suspend your access to the Site for breach of these Terms. The Company shall not be liable for any losses or damages arising from any such termination of service.
Except where and to the extent prohibited by law, by using our Site and all the services provided thereunder and by our dealerships (collectively the “Services”), you and our dealerships agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of our Privacy Statement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notices shall be sent to the address below.
Both you and our dealerships must agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
If any dispute cannot be resolved by the above dispute resolution procedure, you agree that the sole and exclusive jurisdiction for such dispute will be decided by binding arbitration on an individual basis. Arbitration on an individual basis means that you will not have, and you waive the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity.
Other rights that you and we would otherwise have in court will not be available, or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to the American Arbitration Association, 100 S 5th St., UNIT 1900, Minneapolis, MN 55402 (www.adr.org) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute.
- Limitation on Time to File Claims.
Any cause of action or claim you may have arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
- Governing Law & Jurisdiction.
Except to the extent preempted by the Federal Arbitration Act, these Terms are governed by the laws of the State of Minnesota. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Minneapolis, Minnesota, in all disputes arising out of or relating to the use of the Site.
The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Site after any such change is communicated shall constitute your consent to such change(s).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Site. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
These Terms, including our Privacy Statement and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Company Contact Information.
Questions can be directed to the Company at:
Carousel Motor Group
250 Nicollet Mall Suite 600
Minneapolis, MN 55401
Email: [email protected]