1. Who we are and what these Terms cover
These Terms of Use ("Terms") are a binding agreement between you and [Cararri Legal Entity Name] ("Cararri", "we", "us", "our"), the operator of cararri.com, its mobile experiences, emails, messaging tools and related services (together, the "Service"). By accessing or using the Service, creating an account, publishing a listing, sending an enquiry, booking a test drive or submitting a credit request, you agree to these Terms and to the policies referenced in them.
If you use the Service on behalf of a dealership or other business, you confirm that you are authorized to bind that business, and "you" includes that business.
2. Related policies and agreements
These Terms incorporate the following documents, which also apply depending on how you use Cararri:
- Privacy Policy, Cookie Policy and Data Deletion & Privacy Rights Policy
- Acceptable Use & Community Guidelines and the Prohibited Listings rules within them
- Safety & Fraud Prevention Policy
- Communications & SMS Consent Policy
- Buyer Agreement, Credit Request Disclosure & Consent and Test Drive & Appointment Policy (buyers)
- Private Seller Listing Agreement (private sellers)
- Dealer Services Agreement, Dealer Advertising & Listing Standards, Dealer Data Protection Addendum and Dealer Billing, Cancellation & Refund Policy (dealers)
- Reviews & Ratings Policy, Copyright & DMCA Policy and Marketplace Disclaimer
If a dealer or seller agreement conflicts with these Terms on a subject it specifically addresses, that more specific agreement controls for that subject.
3. Cararri is a marketplace, not a party to vehicle sales
Cararri provides an online venue where buyers, private sellers and licensed dealers can discover each other, compare vehicles and communicate. Unless we expressly state otherwise in writing:
- Cararri does not own, inspect, possess, sell, buy, broker, finance, lease, insure, title, register or deliver any vehicle listed on the Service.
- Cararri is not a motor vehicle dealer, broker, lender, loan arranger, credit reporting agency or insurer.
- Any contract for the purchase, sale, trade, financing or lease of a vehicle is solely between the buyer and the seller or dealer (or their chosen lender).
- Listings, prices, photos, specifications, vehicle history, availability and other listing content are provided by sellers and dealers, not by Cararri.
4. Eligibility
You must be at least 18 years old and able to form a legally binding contract to use the Service. The Service is intended for users in the United States. Dealers must hold every license, bond and registration required to sell vehicles in the jurisdictions where they operate.
5. Accounts and security
- Provide accurate, current and complete information when you register and keep it updated.
- Keep your password confidential and do not share your account. You are responsible for all activity under your account.
- Notify us immediately at support@cararri.com if you suspect unauthorized access.
- We may require identity, business or license verification at any time and may suspend features until verification is complete.
6. Listings, enquiries and user content
"User Content" means anything you submit to the Service, including listings, photos, descriptions, prices, messages, reviews and profile information. You are solely responsible for your User Content and represent that it is accurate, lawful and that you have the rights needed to post it.
You grant Cararri a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, reproduce, modify (for formatting and display), publish, display and distribute your User Content in connection with operating, improving and promoting the Service, including on partner sites and social channels. For listings, this license continues for a reasonable period after removal to allow caches and syndicated copies to clear. You retain ownership of your User Content.
7. Prices, payment estimates and tools
Monthly payment figures, affordability tools, price ratings, comparisons and similar features are estimates provided for general information only. They are not an offer of credit, a loan approval, a quote or a guarantee of any price, rate or term. Actual terms depend on the seller, the lender, your credit profile, taxes, title, registration, dealer fees and other factors. Always confirm final terms in writing with the seller or lender before you commit.
8. Credit requests and financing enquiries
If you submit a credit request or financing enquiry through the Service, it is sent to the dealership you choose. Cararri is not a lender and does not make credit decisions. Your submission is governed by the Credit Request Disclosure & Consent, which you must accept before submitting.
9. Fees
Browsing and contacting sellers is free for buyers. Dealers and certain private sellers may pay fees for subscriptions, listings or promotional products as described at the point of purchase and in the applicable agreement. All fees are in U.S. dollars and exclusive of applicable taxes unless stated otherwise.
10. Prohibited conduct
You agree not to misuse the Service. Without limitation, you will not post false or misleading information, list a vehicle you are not authorized to sell, engage in fraud or bait-and-switch practices, harass other users, scrape or harvest data, circumvent security or rate limits, introduce malware, use the Service to send spam, or violate any law. The full rules are in our Acceptable Use & Community Guidelines.
11. Moderation, suspension and termination
We may, at our discretion and without liability, review, edit for formatting, decline, remove or demote any User Content, and may suspend or terminate any account that we reasonably believe violates these Terms, creates risk for users or Cararri, or is required by law. Where practical, we will tell you why. You may close your account at any time. Sections that by their nature should survive termination will survive.
12. Third-party services
The Service may link to or integrate with third-party websites, lenders, history report providers, maps, payment processors and other services. We do not control and are not responsible for third-party services; their own terms and privacy policies apply.
13. Intellectual property
The Service, including the Cararri name and logo, design, software, databases and content we create, is owned by Cararri or our licensors and protected by law. We grant you a limited, revocable, non-transferable license to use the Service for its intended purpose. You may not copy, frame, reverse engineer, or create derivative works from the Service except as permitted by law.
14. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, CARARRI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CARARRI DOES NOT WARRANT THE CONDITION, HISTORY, LEGALITY, SAFETY, TITLE OR VALUE OF ANY VEHICLE, OR THE ACCURACY OF ANY LISTING, OR THE CONDUCT OF ANY USER.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CARARRI AND ITS OWNERS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE OR ANY VEHICLE TRANSACTION. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO CARARRI IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.
16. Indemnification
You will defend, indemnify and hold harmless Cararri from any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from your User Content, your vehicle transactions, your violation of these Terms or applicable law, or your infringement of any third-party right.
17. Dispute resolution and arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION AND WAIVES CLASS ACTIONS AND JURY TRIALS.
- Informal resolution first: before filing a claim, you and Cararri agree to try to resolve the dispute informally for at least 30 days by written notice to support@cararri.com or to us at [Business Mailing Address].
- Binding arbitration: any unresolved dispute arising from these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or Commercial Rules for business users). The Federal Arbitration Act governs this section.
- Exceptions: either party may bring an individual claim in small claims court, or seek injunctive relief for intellectual property misuse.
- Class action waiver: claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding.
- Opt-out: you may opt out of this arbitration agreement by emailing support@cararri.com with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms.
18. Governing law and venue
These Terms are governed by the laws of the State of [Governing State], without regard to conflict-of-law rules. Subject to Section 17, the state and federal courts located in [County, Governing State] have exclusive jurisdiction.
19. Changes to these Terms
We may update these Terms from time to time. We will post the updated version with a new "Last updated" date and, for material changes, give reasonable notice by email or on the Service. Continued use after the effective date means you accept the changes.
20. General
These Terms are the entire agreement between you and Cararri about the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Notices to Cararri must be sent to support@cararri.com.