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Effective Date: December 20, 2015
The Site provides users with various services, including—but not limited to—an online platform that enables you to (1) comparison shop new cars deals based on style, brand or payment amount; (2) fill out contact forms to be placed in contact with a car dealer or seller; and (3) contact a seller through a toll free telephone number.
This Site consists of an online platform where car dealers and car sellers advertise new car inventory available for sale. By using this Site and any related services offered on this Site, you agree and understand:
When used in these Terms, Detroit Trading shall include any parent companies, affiliates, directors, officers, and employees.
These Terms are a legally binding agreement between you and Detroit Trading. Please read them carefully.
Modifications to these Terms
From time to time, we may change the Terms that govern your use of our Site and any related services. Your continued use of our Site following any such changes to these Terms constitutes your agreement to follow and be bound by the terms as changed. When such a modification is made, we will post a revised version of the Terms on this Site. Changes will be effective when they are posted. Detroit Trading is not required to provide you with notification that any such change has been made.
Except as otherwise indicated, information on this Site is protected by copyright in the United States of America and in other countries. Detroit Trading and its parents owns and/or uses with permission all worldwide right, title and interest in and to the Site and its Contents. Unless otherwise specified (see the Limited Disclaimer of Copyright below), no one has permission to copy or republish, in any form, any information found on this Site.
The posting of information or other materials to this Site does not constitute a waiver of any proprietary right in such information and materials (such as, but not limited to, copyright, service marks, trademarks, trade dress, trade names, or other intellectual property) and does not transfer any rights to a user of the Site or any other third party, except as expressly provided herein.
The prices listed by sellers and dealers on Detroit Trading often exclude sales tax; finance charges; title; and license, regulatory, dealer documentation, emission testing and compliance fees. Any or all of these fees may be added by a dealer or seller to the listed price prior to sale of a listed vehicle. Please contact the dealer or seller for full details and final pricing.
Detroit Trading is not responsible for the condition, performance or quality of any of the vehicles, goods or services listed on the Site.
All transactions are conducted by and fulfilled through sellers and dealers that are not owned by or affiliated with Detroit Trading. Detroit Trading does not guarantee vehicle prices or availability.
Service Marks and Trade Marks
Detroit Trading, Detroit Trading Exchange, Detroit Trading Services, DTC are trade dress, service marks and/or trademarks of Detroit Trading Company.
Copyright, Limited Disclaimer of Copyright, Digital Millennium Copyright Act
Any authorized person may view the information and incidentally create an electronic copy of the information available from this Site for informational, non-commercial purposes only. No part of the information at this Site can be otherwise redistributed, copied, or reproduced in any form without prior written consent of Detroit Trading.
Certain automotive content displayed within this website Copyright Dataone Software and are protected under the United States and international copyright law. Any unauthorized use, reproduction, distribution, recording or modification of this content is strictly prohibited. Dataone Software is an automotive data source providing data to solution and service providers in North America across many sectors including automotive marketing, transportation, and risk management.
Other certain automotive images or video contained on Detroit Trading are owned by EVOX Productions, LLC, and are also protected under United States and international copyright law.
In accordance with the Digital Millennium Copyright Act of 1998 (see www.copyright.gov for full text), Detroit Trading will respond to claims of copyright infringement committed using the Site when such claims are reported to Detroit Trading. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright and believe your or such owner's copyright has been infringed by an improper posting or distribution via this Site, please report the infringement by sending an email to the copyright agent at firstname.lastname@example.org.
Any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered in connection with your use of this Site (collectively, "Submissions") shall be and remain Detroit Trading property. Detroit Trading is not under any obligation to (1) maintain any Submissions in confidence; (2) pay to user any compensation for any Submissions; or (3) respond to any user Submissions.
You agree any Submission you make to the Site does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary right(s). In addition, if any Submission contains your or any other person's name, likeness, voice or biographical information ("Personally Identifiable Information"), you grant and will cause the other person to grant to Detroit Trading a transferable, non-exclusive, worldwide, royalty-free license to use such Personal Identifiable Information for any advertising or marketing of Detroit Trading's products in any medium. You agree to indemnity and hold harmless Detroit Trading against any losses, liabilities, claims and expenses (including attorneys' fees) arising from your use of this Site, your Submission and any Personally Identifiable Information contained therein.
You further agree that the Submission you submit to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and remain solely responsible for the content of any of your Submissions. Electronic transmissions to and from this Site are not confidential and may be read or intercepted by others.
CAN-SPAM, Telephone Consumer Protection Act and Similar Law
Your use of this Site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act and all other applicable law that addresses unsolicited commercial communications. By visiting this Site and using its features, you agree that we, our agents or third parties to whom we provide your information may call, e-mail, or otherwise communicate with you regarding the sale or lease of motor vehicles.
By visiting the Site and using the services, you give to us and/or our third party partners the right to contact you and to attempt to sell you one or more vehicles. This includes, without limitation, packaging your information and providing it, for compensation or otherwise, to persons who purchase and/or repurchase your packaged information as a sale's lead. You grant your permission for us to do this (and to do all other things reasonably necessary to accomplish this purpose) and for one or more recipients of the information to try to sell you a vehicle. The uses of your information are not limited to sales of motor vehicles.
Disclaimer of Warranties
THIS INFORMATION IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY ARISING OUT OF THE COURSE OF DEALING OR TRADE.
DETROIT TRADING MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SITE OR MATERIALS CONTAINED ON THE SITE OR THE SERVICES IT PROVIDES, INCLUDING ANY RELATED INFORMATION, TECHNICAL ASSISTANCE, REPRESENTATIONS OR GRAPHICS. DETROIT TRADING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OUR OMISSIONS IN THE CONTENT OF THE SITE OR SERVICES IT PROVIDES. DETROIT TRADING SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SITE.
REFERENCE TO DETROIT TRADING AND ITS SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
DESCRIPTIONS OF, OR REFERENCES TO, PRODUCTS, SERVICES OR PUBLICATIONS WITHIN THE DETROIT TRADING SITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. DETROIT TRADING MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER OR PRODUCTS OFFERED ON THE SITE OR ANY RELATED SERVICE INCLUDING THE QUALITY OF ANY VEHICLE LISTING AND/OR SERVICES OFFERED. DETROIT TRADING SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the disclaimer of warranties or the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.
This Site could include technical inaccuracies or typographical errors. Detroit Trading assumes no liability to any injury, whether financial or other, that arises from a technical inaccuracy or typographical error.
Limitations of Liability
By accessing the Site or by using any service offered by Detroit Trading, you agree to release and hold harmless the Detroit Trading from and against any and all claims, damages, liabilities, judgments, costs and expenses arising out of participation in any activity, whether online or offline, offered by Detroit Trading. Neither Detroit Trading nor any other party involved in creating, producing or managing the Site and or any Detroit Trading services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily or personal injury or distress arising (1) in connection with the use or inability to use this site; (2) from any communications, meetings, or interactions with Detroit Trading employees or with other users of the site, including buyers, sellers, dealers and/or service providers—whether based on warranty, contract, tort (including negligence), product liability or any other legal theory.
IN NO EVENT SHALL DETROIT TRADING' LIABILITY TO USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY USERS TO DETROIT TRADING, FOR ACCESSING THE SITE OR USING ITS SERVICES. YOU SHOULD CONSULT YOUR LEGAL ADVISORS REGARDING THE APPLICABILITY OF STATE STATUTES REGARDING LIMITATIONS ON LIABILITY.
Indemnification by User
USER AGREES TO INDEMNIFY, DEFEND AND HOLD DETROIT TRADING HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES RELATED TO (1) A USER'S VIOLATION OF THESE TERMS AND CONDITIONS OR (2) USER'S USE OF THESE SERVICES, INCLUDING BUT NOT LIMITED TO THE TECHNICAL SUPPORT AND THE INFORMATION PROVIDED AT THIS SITE OR THROUGH ANY RELATED THIRD PARTY.
All responsibility or liability for any damages caused by viruses contained within the electronic files or at this Site is disclaimed.
Links to Other Websites
This Site may contain links to other web sites not owned or managed by Detroit Trading or its affiliates. Detroit Trading is not responsible for the content, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by Detroit Trading. Inclusion of any such linked web site does not imply approval or endorsement of the linked web site by Detroit Trading.
These Terms will be governed by and construed in accordance with the laws of the United States of America and the State of Michigan without regard to conflict of law principles. Users agree that all legal proceedings related to the matters shall be adjudicated solely in the courts of Oakland County, Michigan, United States of America. Users consent to extra-territorial service of process and submit to the jurisdiction of these courts.
Any waiver of any provisions contained in these Terms by Detroit Trading shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any waiver of these Terms must be in writing and signed by our authorized representative. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Effective Date: December 20, 2015
Detroit Trading is amongst the world's foremost aggregators of "in-market" shopper intelligence, providing data to original equipment manufacturers and dealers that are responsible for more than 30,000 individual vehicle sales or $1 billion in monthly car sales. When used in these Terms, Detroit Trading shall include any parent companies, affiliates, directors, officers, and employees.
The Site provides users with various services, including an online platform that enables users to (1) comparison shop new and/or used vehicle pricing based on style, brand or payment amount; (2) fill out contact forms to ask questions and be placed in contact with an original equipment manufacturer, local vehicle dealer and/or seller; and (3) learn more about pricing on new and/or used vehicle inventory through a toll free telephone number (the "Services"). By using the Site or by providing personal information to us, you agree to the terms set forth below (the "Terms"). We respect your privacy when you use our Site, mobile applications and/or other products and services.
This policy does not cover the practices of companies that Detroit Trading does not own or control, or to people that Detroit Trading does not employ or manage, or to information collected by means other than those provided on this Site.
How Information is Collected and Used by Detroit Trading
Information We Collect
Detroit Trading collects and/or aggregates the following information:
How Detroit Trading Uses the Personal Information It Collects
Detroit Trading may share your Personal Information in the following ways:
Outside of these circumstances listed above, we do not sell or otherwise share your Personal Information.
Transferability. If someone bought Detroit Trading or if Detroit Trading is merged with another company, Detroit Trading will transfer your Personal Information to the entity who either acquired or merged with Detroit Trading so that this party could carry on Detroit Trading business functions.
Verification of Vendors and Partners. As noted above, we may share your Personal Information—whether in return for compensation or otherwise—with various sellers, vendors, suppliers, and advertisers who wish to do business, or attempt to do business with you, so that they can sell you a motor vehicle. While we use good faith efforts to verify that such sellers, original equipment manufacturers, vendors, suppliers, and advertisers promote products and services of interest to site users, we cannot, and do not, endorse such vendors, suppliers, advertisers, products or services unless we expressly state otherwise.
Your Consent. By using the services on this Site, you give to us and to those to whom we provide your information the right to contact you and to attempt to sell to you one or more motor vehicles. This includes packaging your information and providing it—for compensation or otherwise—to a vehicle seller or related party as a sales lead.
Your use of this Site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act and all other applicable law that addresses unsolicited commercial communications.
If you wish us to refrain from providing your Personal Information in this manner, please see the opt-out information and contact information provided below.
Most web browsers include a "do not track" setting. There is a lack of certainty among companies on the web about the impact of the setting on the information collected. If you enable that setting, it will not change what information is exchanged with your computer, or how that information is used, when you visit our website(s).
Detroit Trading commercially reasonable administrative, technical, personnel, and physical security measures designed to safeguard information about you in our possession against loss, theft and unauthorized use, disclosure or modification. Of course, despite these measures, we cannot guarantee perfect security of networks, servers and databases we operate or that are operated on our behalf.
Opt-Out Procedures and Processes
Users who no longer wish to receive Detroit Trading promotional materials or have their Personal Information provided to third parties may opt to not receive such communications or have information shared by contacting us using the information below.
Detroit Trading will comply with such requests as soon as is commercially practicable. This compliance may involve batch processing and other processes that may take ten (10) days or longer to process.
To opt out of Detroit Trading communications or to change your preference as to how we share your information with third parties and sellers, please email us at: email@example.com, subject line "Detroit Trading—Opt Out Request".
NOTE: We will continue to keep your Personal Information and any related information to the extent necessary to maintain our relationship with you and/or respond to any governmental or legal proceedings.
Opt-Out Rescission. If you opt not to receive Detroit Trading communications or if you opt to not allow us to share your Personal Information with third parties and sellers, but then either (a) provide your Personal Information to us again using the Site, (b) provide your Personal Information to us again using a related site owned by a Detroit Trading affiliate or parent or (c) under other circumstances permit us to use your Personal Information, then we will regard your opt-out as rescinded.
Special Information for California Residents
California Civil Code Section 1798.83 entitles California users to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties' direct marketing purposes. California users who wish to request further information in compliance with this law or have questions or concerns about Detroit Trading' privacy practices may contact us at firstname.lastname@example.org subject line "Detroit Trading—CA Privacy Disclosures".
Online Tracking Policy for California Residents: As of the effective date of this Privacy Statement, there is no commonly accepted response for Do Not Track signals initiated by browsers, therefore we do not respond to them.
Questions and Suggestions
Detroit Trading Company
Detroit Trading Auto Channel - Inquiries
2000 Town Center
Southfield, MI 48075
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