Peazy Terms of Service
By accessing or using this website, any of its pages and/or any of the services referenced herein, you accept and agree to be bound by the Terms of Service set forth below.
1. ARBITRATION AGREEMENT AND WAIVER OF RIGHT TO BRING COLLECTIVE ACTION
You and Peazy LLC agree to final and binding arbitration of all Claims before the American Arbitration Association pursuant to the written arbitration agreement found here: https://www.carpeazy.com/arbitration/. PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHTS, AND THOSE TO WHOM YOU PROVIDE ACCESS TO YOUR ACCOUNT. THE AGREEMENT TO ARBITRATE ALL CLAIMS IS A CONDITION OF YOUR USE OF THE PEAZY WEBSITE AND/OR ANY OF THE SERVICES REFERENCED HEREIN.
2. CHOICE OF LAW
Except as otherwise expressly provided in the Peazy LLC Arbitration Agreement (which applies the Federal Arbitration Act), the relationship between you and Peazy LLC are governed by the laws of the State of California without regard to its conflict/choice of law provisions.
3. ACCEPTANCE OF TERMS
Peazy LLC (“Peazy,” “we,” “us,” or “our”) provides users with an online automotive information and communications platform, as well as related services that can be accessed from or through this website (collectively, “Services”). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services. These Terms of Service also apply to any co-branded or framed version of this website.
Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.
This website is controlled and operated by Peazy LLC from its offices within the United States. Peazy LLC makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
4. USER CONDUCT
You are authorized by Peazy to access and use the Services, including the information on this website, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Peazy express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose.
In order to access certain features of this website you may be required to register. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Peazy in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Peazy vis not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by Peazy), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Peazyfor use in accessing the Services.
5. TELEPHONIC COMMUNICATIONS WITH PEAZY AND PARTICIPATING DEALERS
You acknowledge that telephone calls to or from Peazy or participating dealers may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to Peazy or a participating dealer, including, but not limited to, your name, mailing address, physical address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide.
You agree to indemnify, defend and hold Peazy and participating dealers harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from your voluntary provision of contact information (including a telephone number) that is not your own, and/or from your violation of any federal, state or local law, regulation or ordinance.
You acknowledge that by voluntarily providing your telephone number(s) to Peazy or participating dealers, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to test drive requests, your account, any transaction with us, and/or your relationship with Peazy or participating dealers. You also agree to be contacted at email and mailing addresses provided by you. Consent to receive automated marketing calls/texts is not a condition of purchasing or leasing any vehicle or service. Calls or text messages may be sent by Peazy or participating dealers even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that we may add to or withdraw dealers from our list at any time, and you consent to be contacted, as explained above, by these dealers notwithstanding the date of the start of your relationship with Peazy. Your consent to be contacted applies to participating dealers that may have existed at the start of your relationship with Peazy and that may thereafter be added to our participating dealers list. You acknowledge that you may incur a charge for calls or text messages by your telephone carrier and that neither Peazy nor participating dealers are responsible for these charges.
You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive or follow other opt-out instructions included with the text message. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of receiving automated telephone calls or texts from participating dealers, please contact the dealer directly. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, we reserve the right to make non-automated calls to you relating to your account, any transaction, or your relationship with us. Your obligations under this Section shall survive termination of these Terms of Service.
Peazy is an information and communications platform that brings together buyers and Dealers. Peazy is not an automobile dealer or broker and does not sell, exchange, buy, or offer for sale, negotiate or attempt to negotiate, a sale or exchange of an interest in any vehicle. Peazy does not induce or attempt to induce any person to buy or exchange an interest in a vehicle. Information about a particular vehicle is supplied by the Dealer, not by Peazy. The decision to buy or sell, and the price and other terms of any sale negotiated directly between the buyer and the Dealer.
All information provided on this website is for informational purposes only. The dealership partners not Peazy are solely responsible for delivering the requested vehicles to customers at the predetermined location. The vehicles displayed in the selection process reflect generic versions of these vehicle Models that can be available for a test drive delivery. The images reflected on the site are for visual representation only and may not be the vehicle that is delivered to the customer. Information displayed through the Services related to any virtual vehicle you may configure, such as Year, Make, Model, Trim and estimated MSRP, either reflects or is based on available data relevant to your virtual vehicle and does not reflect a dealer’s price for an actual vehicle consistent with your preferences. Any specific vehicle pricing, loan information, Peazy.
Neither the accuracy of information provided on this website, nor the availability, quality, or safety of vehicles, is guaranteed or controlled by Peazy, and Peazy assumes no responsibility for the foregoing. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding vehicle availability, condition, pricing, and the like are not the responsibility of Peazy and should be directed to the dealer or third party vendor. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to email@example.com.
By using the Services, you acknowledge and agree that participating dealers may not have in inventory a new vehicle that exactly matches any virtual vehicle you may configure on the website, and certain models or configurations may not be available. Your initial vehicle request for a test drive will be a generic selection of that requested model out of the local new car dealer inventory. Each dealership may provide the opportunity to allow customers to select a more specific vehicle from dealer stock, Peazy is not involved in that provided option. Your dealer will confirm vehicle availability, including available options and colors, from actual inventory. Each dealer sets and controls its own pricing. You may negotiate the purchase price directly with the dealer, and Peazy plays no role in that negotiation. The savings information communicated directly to you by a selling dealer for a vehicle consistent with the preferences expressed in any virtual vehicle you may configure may change if the actual in-stock vehicle that you choose to buy differs from the configuration of your virtual vehicle. Used vehicles are subject to prior sale.
For the avoidance of doubt, Peazy is solely a research and communications platform. Peazy is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, other automotive-related products or services offered by third parties. Peazy receives a fee from the participating dealers or third-party service providers in connection with the Services.
8. NO COMMERCIAL USE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.
9. RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES
Peazy reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. Peazy also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Peazy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof). Dealerships have the right to refuse service to any customer.
10. CUSTOMER RESPONSIBILITIES
Customers must be 18 years or older and must provide a physical valid US Driver’s Licence at the time of test drive. Customers must have valid Automotive Insurance and provide it at the time of service. No customer thought to be under the influence of drugs or alcohol will be permitted to drive a vehicle at anytime. Customers behaving in suspicious, violent, threatening or irrational way may have service terminated at any time. All customers must follow all instructions given to them by the product specialist or the product specialist has the right to terminate service at anytime. All traffic laws must be abided by at all time. Customers will not be permitted to be dropped off at any location other than where they were originally picked up. Test drive routes will be determined by the product specialist only and may be limited in time and miles. Any violation of these terms can result in legal action taken against the customer by the providing dealership.
11. RESPONSIBILITY FOR TOLLS, TRAFFIC VIOLATIONS AND OTHER CHARGES
All customers must abide by all traffic rules and regulations at all times. You are responsible for paying the charging authorities directly all tolls and parking citations, photo enforcement fees, fines for toll evasion, and other fines, and penalties assessed against you, the dealership of the vehicle while the customer is driving the vehicle. If we are notified by charging authorities that we may be responsible for the payment of a toll or violation, the customer is responsible for an administrative fee of up to $50 for each notification.
12. PERSONAL PROPERTY
You release Peazy and the servicing dealerships and their agents from all claims for loss of or damage to personal property that was left with the dealership or carried into the vehicle. If you fail to claim property left in the vehicle for more than 30 days, dealerships may dispose of that property in a manner of their choosing.
13. RESPONSIBILITY FOR DAMAGE OR LOS; REPORTING TO THE POLICE
Customers are responsible for physical and mechanical damage to the vehicle caused by an accident or caused intentionally by an Authorized Driver, or caused by an Authorized Driver’s reckless or wanton misconduct. The customer’s responsibility includes (a) all physical damage to the vehicle as measured as follows: (i) if the dealer determines that the vehicle is a total loss, the fair market value of the vehicle less salvage; (ii) if we determine the vehicle is repariable: (A) the difference of the value of the vehicle value immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or the actual cost of repair. All accidents involving third parties and or property must be reported to the police immediately.
Customers are responsible for all damage or loss caused to others while driving the vehicle. You agree to provide proof of valid automobile insurance prior to driving a vehicle which provides to the owner, the dealership and the customer the following primary coverage: (a) Bodily Injury (“BI”) and property damage (“PD”) liability coverage; (b) Personal injury protection (“PIP”), no-fault, or similar coverage where required; (C) Uninsured/underinsured (“UM/UIM”) coverage where required, and (d) Comprehensive and collision damage coverage extending to the vehicle. Customer/driver insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility of the law of the state where the loss occurs. Because the customer/driver is providing auto insurance, the dealerships will not. Peazy has no legal responsibility for any damage caused to any vehicle, person(s) or property by either the customer or the dealership product specialists. In states where the law requires the dealers to provide insurance, customers insurance will be primary. Any insurance dealers are required to provide applies only to claims of accidental BI and PD resulting from the use of the auto, and is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. Our insurance policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. You agree to cooperate with your insurer if any claim is made, and give the dealership immediate notice of damage, claim or lawsuit against you.
You will indemnify, defend and hold harmless Peazy and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “Peazy Entities”) from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Claim against a Peazy Entity, subject to such Peazy Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a Peazy Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Peazy Entity without its prior express written consent.
16. DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NON INFRINGEMENT. IN ADDITION, PEAZY DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PEAZY OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
Peazy is not responsible for making repairs to any vehicle. If you have complaints or concerns about defects or repairs, please contact the dealer, seller, or manufacturer directly.
17. LIMITATION OF LIABILITY; WAIVER
IN NO EVENT SHALL THE PEAZY ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE PEAZY ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Peazy may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that Peazy will have no liability associated with or arising from your failure to maintain and supply Peazy with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.
20. TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY
You agree that all of Peazy’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of Peazy, and that you will not display or use any of the foregoing without Peazy’s prior written approval in each instance.
You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of Peazy. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
21. GENERAL INFORMATION
These Terms of Service may be amended from time to time without notice in Peazy’s sole discretion. Any changes to the Terms of Service will be effective immediately upon the posting of the revised Terms of Service on this website. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and Peazy and govern your use of the Services, including this website, and supersede any prior version of these Terms of Service between you and Peazy with respect to the Services. You agree that no agency relationship is created between you and Peazy as a result of these Terms of Service or your access to and/or use of the Services. The failure of Peazy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the 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 the Terms of Service remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Please report any violations of the Terms of Service to firstname.lastname@example.org. Questions regarding these Terms of Service should be sent to email@example.com.
Last updated on 1/24/2019
2511 State St
San Diego, CA 92101