Terms And Conditions
GoAutoCity.com Terms of Service
Last Updated: June 9, 2020
These terms contain a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 17 (Dispute Resolution) for full details.
- Separate Agreement for Vehicle Transactions: These Terms of Service apply to your use of the Website and Services. If you enter into a transaction to buy, sell, trade, or finance a vehicle, you will be required to enter into one or more additional written agreements with Auto City and/or a third-party dealer or lender (in each event, a “Vehicle Agreement”). In the event of a conflict between the Vehicle Agreement and these Terms of Service, these Terms of Service shall govern any disputes arising out of or related specifically to your use of the Website and the Vehicle Agreement shall govern as to all other matters.
- Finance Application: The Website may allow you to submit certain information about yourself (the submission of which is referred to herein as a “Finance Application”) in order to inquire about obtaining financing for your vehicle (a “Car Loan”). Auto City is not a lender and does not provide Car Loans itself, but if you qualify for a Car Loan, it may connect you with lenders.
How It Works:
- Auto City requires you to submit identifying and financial information about yourself as part of your Finance Application, including information necessary to run a credit check. Once you have completed a Finance Application, Auto City will attempt to match you with one or more Car Loan lenders. At your discretion, you may then enter into a separate financing agreement to secure your Car Loan. In some circumstances, Auto City will be unable to match you with an interested lender.
3.2. No Guarantee of Car Loan or Terms Thereof: All Car Loans are subject to credit approval. Interest rates and loan fees vary over time and are also based on the credit score, employment history, and other information of you and/or any co-application, and other underwriting criteria.
3.3. What We Don’t Do:
Auto City is not a lender
- and we don’t provide any Car Loans, but we may connect you with lenders as part of the vehicle purchase transaction.
3.3.2 Auto City does not provide legal advice. The content provided on the Website is for informational purposes only and is not intended as financial or legal advice.
3.3.3 Auto City is not a credit reporting agency and it cannot correct your credit history.
3.4. Your Finance Application:
- 3.4.1. You agree to only submit complete and accurate information to Auto City as part of your Finance Application.
3.4.2. You agree that you will only submit a Finance Application for yourself and will not submit identifying information about any other person (except your spouse or potential co-applicant, in the appropriate fields) as part of your Finance Application.
3.4.3. You acknowledge and agree that Auto City may terminate your Finance Application if it learns that any of the information you have submitted is false or misleading.
3.4.4. You acknowledge and agree that any offer made in response to your Finance Application may be rescinded or terminated if Auto City or your lender learns that any of the information you have submitted in connection therewith is false or misleading.
3.5. Credit Application:
- 3.5.1. You understand and agree that your Finance Application constitutes a credit application.
By submitting a Finance Application, you are authorizing Auto City and/or its associated lenders to ask for a copy of your credit report from a credit-reporting agency. This is known as a “hard inquiry” and may (a) show up on your credit report and/or (b) affect your credit score. A Loan Inquiry can result in multiple hard inquiries on your credit report.
- Submission of your Loan Application will serve as written instructions under the Fair Credit Reporting Act that Auto City and/or its associated lenders may obtain your credit report and/or review your credit history and credit score for purposes of deciding whether to approve you for a Car Loan.
3.5.2. By submitting a Finance Application, you agree that Auto City and/or its associated lenders may use and analyze the information in your Finance Application and credit report to provide you with personalized recommendations for a Car Loan and other services.
- Website Tools: The Website may provide payment calculators, vehicle valuation calculators and other tools (“Website Tools”) to help you assess the amount of your potential Car Loan payments and/or value of your vehicle. Website Tools are provided for personal research purposes only, and Website Tool results do not constitute a binding offer by Auto City for a Car Loan or to purchase your vehicle or accept it for trade at a specific value..
- Vehicle Inventory: Auto City’s vehicle inventory is constantly changing and immediate updates to the Website are not possible. You understand and agree that a particular vehicle featured on the Website may not be available by the time you visit Auto City; please call (619) 588-4349 to confirm availability before visiting the lot.
- By accessing and/or using the Service, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law.
7.2. Corporate Use: If you are using the Service on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
- License: Subject to your compliance with these Terms of Service, Auto City grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Website and to use the Service. The Service, including any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior, express written consent of Auto City. All rights not expressly granted herein are reserved by Auto City. Without limitation, this Agreement grants you no rights in or to the intellectual property of Auto City or any other party, except as expressly set forth herein. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. Your rights under this section will immediately terminate if you breach, actually or potentially, in the sole judgment of Auto City, any provision of this Agreement.
- Assumption of Risk; Release: You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Auto City Sales, Inc. and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties”) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.
- Consent to Receive Electronic Communications from Company: By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you hereby expressly consent to receive electronic and other communications from Auto City, over the short term and periodically, including email and short message service (“SMS” or “text message”) communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt-out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by contacting us through the Website. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
- Third-Party Websites: The Website may be linked with the websites of third parties (“Third Party Websites”), some of whom may have established relationships with Auto City and some of whom may not. Auto City does not have control over the content and performance of Third-Party Websites. Auto City has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third-Party Websites. Accordingly, Auto City does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Websites. Auto City disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.
- Prohibited Uses: Auto City imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited:
- 12.1. harassing or stalking any person, or contacting any person who has requested not to be contacted;
12.2. providing false, misleading, or inaccurate information to Auto City or any other person in connection with the Service;
12.3. impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
12.4. modifying or changing the placement and location of any advertisement posted through the Service;
12.5. harvesting or otherwise collecting information about users, including email addresses and phone numbers;
12.6. without express written permission from Auto City, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on Third Party Websites;
12.7. accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
12.8. attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization;
12.9. interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by means of submitting malware or exploiting software vulnerabilities;
12.10. using the Service to send unsolicited email, including without limitation promotions or advertisements for products or services;
12.11. forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
12.12. while using the Service, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising;
12.13. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Service, including without limitation any fraudulent effort to modify the software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable; and/or
12.14. creating additional accounts to promote your (or another’s) business, or causing others to do so.
- Intellectual Property:
Compliance with Law:
- You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
13.2. Trademarks: Auto City and the Auto City logo (collectively, the “Company Marks”) are trademarks or registered trademarks of Auto City. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Service may be the trademarks of third parties. Neither your use of the Service nor this Agreement grant you any right, title, or interest in or to, or any license to reproduce or otherwise use, the Company Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Company Marks generated as a result of your use of the Service will inure to the benefit of Auto City, and you agree to assign, and hereby do assign, all such goodwill to Auto City. You shall not at any time, nor shall you assist others to, challenge Auto City’s right, title, or interest in or to, or the validity of, the Company Marks.
13.3. Copyrighted Materials; Copyright Notice: All content and other materials available through the Service, including without limitation the Auto City logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by Auto City or are the property of Auto City’s licensors and suppliers. Except as explicitly provided, neither your use of the Service nor this Agreement grant you any right, title, or interest in or to any such materials.
- Disclaimers; Limitation of Liability:
No Warranties: Auto City, on behalf of itself and its licensors and suppliers, hereby expressly disclaims any and all warranties, express or implied, regarding the Website and Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Auto City nor its licensors or suppliers warrants that you will qualify for or obtain a Car Loan, that the Website Tools are accurate as to your vehicle, that the Website or Service will meet your requirements, or that the operation of the Website or Service will be uninterrupted or error-free. Auto City disclaims all implied liability for damages arising out of the furnishing of the Website and Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. Auto City shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Auto City, Company Parties, or Auto City users or their agents or representatives.14.2. Your Responsibility for Loss or Damage; Backup of Data: You agree that your use of the Service is at your sole risk. You will not hold Auto City or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations. Importantly, you hereby acknowledge that a catastrophic disk failure or other similar events could result in the loss of all of the data related to your account. You agree and understand that it is your responsibility to backup your data to your personal computer or external storage device and to ensure such backups are secure.
14.3. Limitation of Liability: In no event shall Auto City or its licensors or suppliers be liable to you for any claims arising from your use with the Website or Service, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice is given to Auto City or its licensors and suppliers arising out of or in connection with your use of the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Auto City and you. The Service would not be provided without such limitations.
14.4. Application of Disclaimers The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Auto City or between you and any of Auto City’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Auto City’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.
- Your Representations and Warranties: You represent and warrant that your use of the Service will be in accordance with this Agreement and any other Auto City policies, and with any applicable laws or regulations.
- Indemnity by You:
Duty to Indemnify:
- Without limiting any indemnification provision of this Agreement, you (the “Indemnitor”) agree to defend, indemnify, and hold harmless Auto City and the Company Parties (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim”, and collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Auto City, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Auto City, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website and/or Service; (iv) your provision to Auto City or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
16.2. Participation: The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
16.3. Prohibited Uses: Without limitation, the Indemnitor also hereby agrees to compensate Auto City for any and all lost revenues, future lost profits, reasonable search costs, and any other reasonable expenses resulting from any Indemnitor violation of Section 12 (Prohibited Uses), including without limitation any suspension of affiliate accounts or affiliate payment attributable to fraudulent efforts to manipulate or otherwise modify reported impressions generated by the Company Parties under an affiliate advertising agreement.
- Dispute Resolution:
- 17.1.1. If you and Auto City cannot resolve a Claim through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
17.1.2. You hereby acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.
17.1.3. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
17.1.4. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for herein, Auto City will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also hereby agree to reimburse Auto City for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Auto City and you may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys’ fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator’s ruling on the merits.
17.2. Restrictions Against Joinder of Claims:
You and Auto City agree that any arbitration shall be limited to each Claim individually. You and Auto City hereby agree that each may only bring claims against the other in your or Auto City’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.17.2.2. If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
17.3. Remedies in Aid of Arbitration; Equitable Relief: This agreement to arbitrate will not preclude you or Auto City from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Auto City from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. “Court of Competent Jurisdiction” means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in the State of California.
17.4. Venue for any Judicial Proceeding:
- 17.4.1. This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
17.4.2. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to San Diego, California. The parties hereby stipulate to and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
By Company: Without limiting any other provision of this Agreement, Auto City reserves the right to, in Auto City’s sole discretion and without notice or liability, deny use of the Service to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation.18.2. Automatic Termination Upon Breach by You: This Agreement shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by Auto City.
18.3. By You: You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to Auto City notice of your intention to do so, in the manner required by Section 19 (Notices).
18.4. Effect of Termination
- 18.4.1. Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, Auto City may, but has no obligation to, in Auto City’s sole discretion, rescind any services and/or delete from Auto City’s systems all your personal information and any other files or information that you made available to Auto City or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service.
18.4.2. After termination, Auto City reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.
18.4.3. Legal Action: If Auto City, in Auto City’s discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Auto City will be entitled to recover from you as part of such legal action, and you agree to pay, Auto City’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The Company Parties will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of this Agreement.
18.5. Survival: Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1, 9–11, 13–20.
- Notices: All notices required or permitted to be given under this Agreement must be in writing. Auto City shall give any notice by email sent to the most recent email address if any, provided by the intended recipient to Auto City. You agree that any notice received from Auto City electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with Auto City is accurate and current, and notice to you shall be deemed effective upon the sending by Auto City of an email to that address. You shall give any notice to Auto City by means of email to support@GoAutoCity.com.
- This Agreement constitutes the entire agreement between Auto City and you concerning your use of the Service.
20.2. Partial Invalidity: Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, which shall remain in full force and effect, and the parties hereby acknowledge and agree that they would have executed the remaining portion hereof without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
20.3. Amendments: This Agreement may only be modified by a written amendment signed by an authorized executive of Auto City, or by the unilateral amendment of this Agreement by Auto City along with the posting by Auto City of that amended version.
20.4. No Waiver: A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
20.5. Assignment:This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Auto City. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
20.6. Independent Contractors: You and Auto City are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
20.7. No Third-Party Beneficiaries: There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties and Auto City’s licensors and suppliers, including without limitation its associated lenders (to the extent expressly stated in this Agreement).
20.8. Injunctive Relief: You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Auto City and Auto City’s licensors and suppliers, and would therefore entitle Auto City or Auto City’s licensors or suppliers, as the case may be, to injunctive relief.
20.9. Headings:The headings in this Agreement are for convenience only and shall have no legal or contractual effect.
- Notice to California Residents. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at- 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at- https://www.dca.ca.gov.