TERMS OF SERVICE
Welcome to easyCARMA!
Carma Group, LLC and its subsidiaries (collectively, “easyCARMA”, “we”, “us” and/or “our”) provides services to help our clients (“Users") with the car buying process and research services for purchasing a new vehicle from a third party (“Dealer(s)”), as well as brokerage services for the purchase of vehicles (“easyCARMA Experience”), through its website located at www.easycarma.co (the “Site”) and through its mobile experience and related services (collectively, such services, including any new features and/or applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at anytime. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, via an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Transactions with Sellers; Advertisements and Offers
easyCARMA does not sell cars directly, but instead facilitates the purchase transaction between Users and a Dealer. You acknowledge and agree that easyCARMA is not a party to any transactions or agreements entered into between Users and Dealer. If the User purchases a car using the Service, the User is contracting directly with the Dealer. easyCARMA is not a broker (unless you specifically sign-up for our easyCARMA Experience service), agent or insurer, and has no control over the conduct of, or any pricing or other information provided by, car buyers or car sellers, and easyCARMA hereby disclaims all liability in this regard. Except pursuant to easyCARMA Experience as described below, easyCARMA does not (a) guarantee or ensure any car, price, offer or transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship and/or deliver any cars.
Vehicle Images; Typographical Errors: Please note that, while we endeavor to have the photos displayed on the Service match your chosen car as closely as possible, they are samples only and may not reflect your exact choice of car, color, and trim. Also, while we try to make sure that all prices posted here are accurate at all times, we cannot be responsible for typographical and other errors that may appear on the Service.
Dealers: We do not endorse any Dealer, and we make no guarantee, explicit or implied, that any posted information is accurate. You agree that we are not responsible for any information or content provided by any Dealer, including typographical and other errors. We do not and cannot verify the information that Dealers supply, nor do we guarantee the cars Dealer's offer. We assume no responsibility to verify whether the information provided by Dealers complies with applicable laws; such responsibility rests with the Dealer. Any dealings that you may have with a Dealer through the Service is governed by the terms of the agreement that you enter into with that Dealer. We expressly disclaim any liability or responsibility for the success of any transaction you have with that Dealer. You must make the final determination as to the value and appropriateness of the transaction.
The easyCARMA Experience is an auto broker service that provides our Users with the best price on their selected vehicle, based on the parameters that you have given to us.
For a detailed description of easyCARMA Experience, please see www.easycarma.co/faq (the “FAQ”). The FAQ is hereby integrated by reference into these Terms of Service, and is subject to change or modification by easyCARMA at anytime.
easyCARMA as a Broker: By using easyCARMA Experience, you are entering into a consumer-broker relationship (as defined by California state law) with Carma Group, LLC a registered vehicle broker in the State of California.
Additional Terms: If you are interested in the easyCARMA Experience, then you will need to enter into a buyer agreement with us. Without limiting the foregoing, in connection with the easyCARMA Experience, please also note that:
All vehicles made available via the easyCARMA Experience are subject to availability.
Any trade-in transaction will be between the User and the Dealer, and subject to both parties entering into a separate purchase agreement for the trade-in vehicle.
All lease and/or finance pricing is determined by the User’s credit score and the Dealer’s and Car Manufacturer's policies.
You will be responsible for paying us a service fee for the use of the easyCARMA Experience (please see the FAQ for more details). Note that we may also receive a fee from the dealer.
Access and Use of the Service
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify easyCARMA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. easyCARMA will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: easyCARMA reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that easyCARMA will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding easyCARMA and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your easyCARMA account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. You agree to not use the Service to:
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
violate any applicable local, state, national or international law, or any regulations having the force of law;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to provide easyCARMA information regarding your credit card or other payment instrument. You represent and warrant to easyCARMA that such information is true and that you are authorized to use the payment instrument. You agree to pay easyCARMA all fees when due as indicated on the Service or in writing to you. We reserve the right to change easyCARMA’s fees. If easyCARMA does change its fees, easyCARMA will provide notice of the change on the Site or in email to you, at easyCARMA’s option, at least 30 days before the change is to take effect. Unpaid invoices are subject to a finance charge of 2.0% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on easyCARMA’s net income.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Apple-Enabled Software Applications
easyCARMA offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
easyCARMA and you acknowledge that these Terms of Service are concluded between easyCARMA and you only, and not with Apple, and that as between easyCARMA and Apple, easyCARMA, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with theUsage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be easyCARMA’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
easyCARMA and you acknowledge that easyCARMA, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between easyCARMA and Apple, easyCARMA, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed and emailed to easyCARMA at the following email address: email@example.com.
easyCARMA and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by easyCARMA, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by easyCARMA from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of easyCARMA, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by easyCARMA.
The easyCARMA name and logos are trademarks and service marks of easyCARMA (collectively the “easyCARMA Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to easyCARMA. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of easyCARMA Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of easyCARMA Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will easyCARMA be liable in anyway for any content or materials of any third parties (including car sellers, advertisers or users), including, but not limited to, for any errors or omissions in any content (including Offers), or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that easyCARMA does not pre-screen Offers or other content, but that easyCARMA and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Offers or other content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Offers or other content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant easyCARMA and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to easyCARMA are non-confidential and easyCARMA will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that easyCARMA may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of easyCARMA, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: easyCARMA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify easyCARMA of your infringement claim in accordance with the procedure set forth below.
easyCARMA will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to easyCARMA’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, easyCARMA will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, easyCARMA has adopted a policy of terminating, in appropriate circumstances and at easyCARMA's sole discretion, users who are deemed to be repeat infringers. easyCARMA may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. easyCARMA has no control over such sites and resources and easyCARMA is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that easyCARMA will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that easyCARMA is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
In addition, easyCARMA is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, easyCARMA is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. easyCARMA enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold easyCARMA and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EASYCARMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EASYCARMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EASYCARMA MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT ALL INFORMATION RELATED TO CARS AVAILABLE ON THE SERVICE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. EASYCARMA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF ANY CAR, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A CAR ADVERTISED ON THE SERVICE. EASYCARMA CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. EASYCARMA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SERVICE OR IN THE CONTENT. ALL CARS ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A CAR MUST BE ADDRESSED WITH THE SELLER.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EASYCARMA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EASYCARMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN RELATION TO THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL EASYCARMA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID EASYCARMA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At easyCARMA’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Los Angeles, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if easyCARMA changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service ), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of easyCARMA’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and easyCARMA in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that easyCARMA, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if easyCARMA believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. easyCARMA may also in its sole discretion and at anytime discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that easyCARMA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that easyCARMA will not be liable to you or any third party for any termination of your access to the Service.
User or Car Seller Disputes
You agree that you are solely responsible for your interactions with any other user or car seller in connection with the Service and easyCARMA will have no liability or responsibility with respect thereto. easyCARMA reserves the right, but has no obligation, to become involved in anyway with disputes between you and any other user of the Service or any car seller.
These Terms of Service constitute the entire agreement between you and easyCARMA and govern your use of the Service, superseding any prior agreements between you and easyCARMA with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and easyCARMA agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. The failure of easyCARMA to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign this Terms of Service without the prior written consent of easyCARMA, but easyCARMA may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
easyCARMA Referral Program
We invite and encourage you to earn easyCARMA referral credits ("Referral Credits") by introducing your friends and contacts to easyCARMA. By earning and redeeming Referral Credits you are agreeing to the following additional terms and conditions.
If two people or another party or organization refers the same person, the party who sent the link that was used to register the new member's account shall be deemed the referring party, regardless of which link was sent first. The referring party will receive a Referral Credit if that person subsequently purchases or leases a new car through easyCARMA within 6 months after registration of such new member’s account.
Redeeming Referral Credits; Expiration: Referral Credits will be sent via Paypal within 30 days of redeeming your Referral Credit(s).
Prohibitions and Cancellations: Referral Credits have no cash value by themselves and cannot be redeemed for cash. They are issued at our discretion and cannot be transferred, bartered, or sold, or pooled with other members. Referral Credits are loyalty/promotional offers and are not a payment instrument; they are issued without any exchange of money or value from you and you have no vested property right or interest in Referral Credits.
easyCARMA reserves the right to cancel your Referral Credits if we determine at our sole discretion that you have violated these terms or any of our Terms of Service, including through your fraudulent or misleading referral activity (e.g., by inviting fake people to join easyCARMA, using false names, using multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information to us) or if we terminate your account for any reason. You may also be liable for civil and/or criminal penalties under applicable law.
You agree that having multiple easyCARMA accounts is a violation of our Terms of Service and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent our referral program may, without limiting any other rights or remedies, result in forfeiture of your membership and all Referral Credits in your account. Nothing herein grants you any right to use easyCARMA’s trademarks. You understand that your account may not accurately reflect the Referral Credits you have actually earned. easyCARMA will have no liability for any errors displayed in your account.
Changes to Referral Credits Terms: The easyCARMA referral program is void where prohibited by law. easyCARMA reserves the right in its sole discretion at anytime and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of Referral Credits. Such changes may include without limitation, how you may earn and redeem Referral Credits, how long Referral Credits last, and the lifetime maximum amount of Referral Credits that you may earn.
In addition, we reserve the right to terminate any referral programs at anytime at our sole discretion, including without limitation, if we believe that it is impractical to administer the program in compliance with applicable law. In such case all Referral Credits will be void 30 calendar days after termination of the program is announced.
60-Day 100% Money Back Guarantee
easyCARMA will issue a full refund of the Service Charge when the User purchases and takes delivery of a new car without easyCARMA acting as the broker and agent. In order for the refund to be processed all the following Criteria must be met:
The brand, model, options, MSRP and mileage/term (for lease/financed cars) must be identical to the offers we presented;
The User must have purchased the car from a dealership within 50 miles of the User's registered address.
The User must send us a valid copy of the window sticker and retail installment sales contract; and
The sale and delivery of the vehicle must have occurred within a 30 day window from when the User last received the easyCARMA vehicle pricing.
If the User meets all these Criteria, your refund will be processed within 5-10 business days.
easyCARMA defines and refers the word "Guarantee" as an assurance that the User will receive a full refund of the Service Fee when the above Criteria are met. For the sake of clarity, easyCARMA does not guarantee it can find the absolute lowest pricing of any new car model. However, easyCARMA will make best and reasonable efforts to try to find its Users the lowest pricing possible for new car models within its Term (see below).
The User will have access to our easyCARMA experience and service for a term of 60 days or whenever the User takes delivery of the car (whichever comes first). The time starts once the User submits a completed New Car Questionnaire. After the expiration, easyCARMA reserves the right to continue servicing the Client. easyCARMA will evaluate each User on a case by case basis if they go beyond the 60 day term. It is possible that after expatriation, the User may have to resign up easyCARMA if they want to continue to use the service.
Warranty & Insurance Products from Safe-Guard
easyCARMA proudly offers various warranty and insurance products from Safe-Guard. However, easyCARMA is not responsible for any issues or problems that arise from the purchase or use of their warranty and insurance products. Please contact Safe-Guard if there are issues or if you need assistance. To contact them, you may reach them via their website at www.safe-guardproducts.com or call them at (800) 742-7896. If a warranty or insurance product is purchased and then returned or if a chargeback occurs, easyCARMA has the right to immediately cancel the policy. Once canceled, there is no way to re-enable the protection or insurance capability of their product. Also, easyCARMA has the right to take up to a 15.0% re-stocking / service fee in any returned or chargeback situation.
Recent Deal Pricing & Online Advertising
Unless otherwise stated, any easyCARMA pricing assumes the following: (1) Base annual millage program, (2) Tier 1 Credit, (3) Standard Los Angeles County Tax and (4) either a valid Loyalty or Conquest rebate. easyCARMA is not responsible for any pricing errors or mistakes. Any past recent deal pricing or current online advertising doesn't guarantee pricing on future vehicles for its Users.
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms of Service or to ask any questions regarding this Terms of Service or the Service.