ca.CarGurus.com Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

The ca.CarGurus.com website is owned and operated by CarGurus, Inc. ("CarGurus"). By using this Site, you explicitly agree to comply with and be bound by the following terms and conditions. CarGurus may change these terms and conditions at any time without prior individual notice. Please review these terms and conditions periodically for changes. These terms and conditions were last updated on November 11, 2015.

For a French version of this policy, please click on this link.

Ownership And Copyright

Except as otherwise indicated, all copyright in this Site, and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, and other content contained herein ("Site Content") is owned by or licensed to CarGurus, Inc., all rights reserved. CarGurus, the Car Logo, and all other marks displayed on this site (the "Trademarks") are registered and/or common law trademarks of CarGurus and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of CarGurus or such other party that may own the Trademarks or any licensed copyrights.

Use of Chat Rooms, Bulletin Boards and Other Interactive Areas

The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of automobiles and their related services or other content, messages, materials or other items on the Site ("Interactive Areas"). If CarGurus provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable automotive area before acting upon any opinion, advice, or information contained on the Site. All statements, information and other content submitted by users are solely the opinions of users, and not of CarGurus.

By using any Interactive Areas, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the World, in any media, now known or hereafter devised, through the Site any of the following:

  1. Any message, data, information, text, music, sound, photos, images, graphics, code, marks, logos or other content ("Content") that is unlawful, untrue, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any of the securities regulatory authorities in Canada or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, the NASDAQ Stock Market or the Toronto Stock Exchange;
  3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files;
  8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  9. Content that, in the sole judgment of CarGurus, contravenes the above, is otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose CarGurus or its affiliates or its users to any harm or liability of any type.

You further agree that you will not attempt or do any of the following:

  1. Interfere with or disrupt the Site or our computer systems, servers, or networks;
  2. Attempt to gain unauthorized access to any part of the Site, to accounts that belong to other users, or to computer systems or networks connected to the Site; or
  3. Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise.

By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant CarGurus and its affiliates and sublicensees a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sublicensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, publish, create derivative works from and publicly display, telecommunicate and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant CarGurus and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose in their absolute discretion; and (c) represent and warrant that (i) you own and/or control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these terms and conditions and will not violate any rights of or cause injury to any person or entity. You further grant CarGurus the right to pursue at law any person or entity that violates your or CarGurus' rights in the Content by a breach of these terms and conditions.

CarGurus takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is CarGurus liable for any mistakes, inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, CarGurus is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although CarGurus has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, CarGurus reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these terms and conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect CarGurus' systems and customers, or to ensure the integrity and operation of CarGurus business and systems, CarGurus may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.

CarGurus' right to disclose any such information shall govern over any terms of CarGurus' Privacy Policy.

Rights to User Content

Content submitted by users will be considered non-confidential and CarGurus is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, CarGurus  reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. CarGurus is under no obligation to offer you or make any payment for Content that you submit or its use as contemplated herein or the permission or license to edit, delete or otherwise modify Content once it has been submitted to CarGurus. CarGurus shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by CarGurus or its licensees, successors and assigns; (c) you forever irrevocably waive in favor of CarGurus and its successors, assigns, officers, employees, affiliates, agents and sublicensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release CarGurus, and its licensees, successors and assigns, from any claims that you could otherwise assert against CarGurus by virtue of any such moral rights.

Use of CarGurus Listings Service

The information on vehicles provided in this service is supplied by the seller or other third parties; CarGurus is not responsible for the accuracy of such information. CarGurus provides this service and materials without conditions, representations or warranties of any kind, either expressed or implied. CarGurus is not a party to any transaction between vehicle buyers and sellers that originates from information found on the Site. Prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing.

Use Of This Web Site

CarGurus authorizes you to view, download, and print Site Content subject to the following conditions: (i) you may only do so for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked "© 2018, CarGurus, Inc., All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Site Content by CarGurus; (v) you may not reproduce, modify, adapt, translate, edit, upload to, transmit, store, further post, prepare derivative works from, sell or distribute or publicly display, perform or telecommunicate Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, public display, performance or telecommunication, reproduction, republication, modification, adaptation, translation, editing, storing, transmitting, creation of derivative works, posting, or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of CarGurus. To request permission, you may contact CarGurus as follows:

  • By electronic mail to:copyright@cargurus.com
  • Or by regular mail to:

    Editor
    CarGurus, Inc.
    2 Canal Park, 4th Floor
    Cambridge, MA 02141
    USA

You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

CARGURUS, INC. MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. ALL SITE CONTENT IS PROVIDED "AS IS" AND CARGURUS, INC. EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES. CARGURUS, INC. ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE CONTENT. CARGURUS DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT CARGURUS, INC. HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK AND NEITHER CARGURUS, INC., ITS AFFILIATIES AND SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY CARGURUS AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.

Links To Other Sites

The Site contains links to third-party web sites. The linked sites are not under the control of CarGurus, and CarGurus is not responsible for the contents of any linked site. CarGurus provides these links as a convenience, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by CarGurus. Linked sites are owned and operated by independent retailers or service providers, and therefore, CarGurus cannot ensure that you will be satisfied with their products, services, or business practices. You should make whatever investigation you feel necessary or appropriate, including reviewing their Terms of Use and Privacy Policies, before proceeding with any transaction with any of these third parties.

Digital Millennium Copyright Act Compliance

CarGurus complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on this Site, or if you believe that material posted on this Site infringes a copyright that you hold, you may contact our Designated Agent copyright@cargurus.com, at the following address:

Editor
CarGurus, Inc.
2 Canal Park, 4th Floor
Cambridge, MA 02141
USA

Applicable Law and Jurisdiction

The Site (excluding links to third-party sites) is owned and controlled by CarGurus, and operated by CarGurus from its offices in and around Cambridge, MA. While CarGurus has made no effort to publish the Site elsewhere, because this Site is published on the World Wide Web it is accessible in all fifty states of the United States, Canada and in other countries. Each of these places has laws that may differ from those of Massachusetts and from each other. You and CarGurus both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and CarGurus explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law principles. You agree that all claims you may have against CarGurus arising from or relating to the operation or use of this Site will be heard and resolved in a court of competent subject matter jurisdiction located in Boston, Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you chose to access this Site from locations other than Boston, MA, you will be responsible for compliance with all local laws of such other jurisdiction.

Modifications

CarGurus may change, add, or delete these terms and conditions or any portion thereof from time to time in its sole discretion without prior individual notice. CarGurus will provide you with reasonable notice of any changes by posting them on this Site with an updated effective date. Please review these terms and conditions periodically for changes. CarGurus may change, restrict access to, suspend, or discontinue any aspect of the ca.CarGurus.com service or the Site at any time, including availability of any feature, database, or content. CarGurus may also impose limits on certain features and services or restrict your access to all or parts of the ca.CarGurus.com web site without notice or liability. CarGurus may remove any review from the Site if CarGurus determines, in its sole discretion, that the review may be false or fraudulent. CarGurus may exclude or remove vehicle prices from the Site if CarGurus determines, in its sole discretion, that the prices violate Guidelines for Dealer Pricing and Marketing, which are accessible to vehicle dealers at https://ca.cargurus.com/Cars/DealerPricingPolicy.html. CarGurus may exclude or remove from the Site embedded contact information in images, often known as "Watermarking," if CarGurus determines in its sole discretion that such information is embedded with the intent of circumventing the CarGurus lead routing process.

CarGurus reserves the right (but assumes no obligation) to delete, move, condense or edit any content on the Site that comes to CarGurus' attention and that CarGurus considers unacceptable or inappropriate, whether for legal or other reasons.

YOUR CONTINUED USE OF CA.CARGURUS.COM NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS, EXCEPT THAT MODIFICATIONS DO NOT APPLY TO ANY DISPUTE ARISING PRIOR TO THEIR EFFECTIVE DATE.

Termination

You agree that we may, under some circumstances and without prior individual notice to you, terminate your use of and access to any of the parts of the Site to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of these terms and conditions or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Site, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Site or any part of the Site.

French Language

The parties hereto have expressly requested that this agreement and all documents related thereto to be drafted in English. Les parties aux présentes ont expressément requis que la présente convention et tous les documents y afférents soint rédigés en langue anglaise.

Miscellaneous

This agreement may not be assigned by you without the prior written consent of CarGurus. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. CarGurus may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion. These terms and Conditions shall inure to the benefit of and be binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives. If any provisions of this agreement are held to be invalid or unenforceable by a court of competent jurisdiction, they shall be deemed to be severable and shall not affect the validity or enforceability of any other provisions herein. Any waiver of any provision herein shall not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision.

Additional Credits