Welcome to RealDeal.com, a service of vAuto, Inc. (“vAuto”). By using this service, you accept the terms and conditions set forth in these Terms of Use (the “Terms”). This is a legally binding agreement between you and vAuto; please read it carefully.
General Provisions
We invite you to bring to our attention any material that you believe to be inaccurate. Please forward a copy of the material to our Customer Service Manager, along with an explanation of your objection.
The Internet is an evolving medium. vAuto may change the Terms from time to time. By continuing to use this service following our posting of such changes, you agree to be bound by the Terms, as modified. vAuto may change, restrict access to, suspend or discontinue this service, or any portion of the service, at any time.
The material presented on this website and as part of the service (whether as a printed report, video or online presentation or other media presentation of any kind) is for general informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear in the content provided and other content may be absent from or otherwise omitted from the information presented.
The information and material presented on this website and as part of the service contains content gathered from and provided by others. We have not verified content obtained from others. This information and material also contains vehicle specific content (such as product descriptions and product reviews) as well as market-specific content purporting to analyze, summarize or rank available data elements, any or all of which may be subjectively determined and not capable of precise quantification or description. As such, there is no guarantee that the information presented here is accurate or that it constitutes all of the information which may be relevant to your decision to purchase or refrain from purchasing a vehicle reviewed or presented. Before purchasing a vehicle described in these materials, you should confirm with the manufacturer and/or dealer any information that is important to your purchasing decision, including the price, mileage, history and condition of the vehicle as well as the accuracy of all subjective determinations and the relative ranking of all information presented. You should not rely on any of the information, material or content presented on this website or constituting a part of the service without independent verification.
Certification Information
This website and the service may reference vehicles that have been (or purport to be) “certified” as meeting certain standards established by manufacturers and/or dealers in connection with their pre-owned vehicle programs. The decision to certify any particular vehicle (or list a particular vehicle as being certified) is made by the relevant manufacturer or dealer. You should familiarize yourself with the terms of the applicable certification program before buying any vehicle that purports to be certified. vAuto is not responsible for the accuracy of any certification information contained in a vehicle listing.
Third Party Transactions
We do not sell, resell or lease any of the vehicles reviewed, listed, ranked, evaluated or advertised on this website or in the service, and we expressly disclaim any responsibility for or liability related to them. The prices that may be displayed in the service often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Any questions, complaints or claims related to any vehicle should be directed to the appropriate manufacturer or dealer. vAuto does not guarantee the characteristics or quality of the vehicles being offered or represented. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as a result of any of your transactions with any third parties.
Links to Other Sites
For your convenience, we make available a variety of links to other websites that we don’t operate. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. vAuto is not responsible for the products or services these vendors provide. You release vAuto and its Affiliates (as defined herein) from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.
Ownership and Permissions
The materials on this website and all information and materials relating to the service are the property of vAuto or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in the Terms, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this website or that are part of the service. You may not store any significant portion of, nor distribute copies of, materials found on this website or within the service, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on the website or in the service should be sent to our Customer Service Manager.
vAuto, Inc., vAuto, RealDeal, RealDeal.com, and the vAuto and RealDeal logos and marks are owned by and are the property of vAuto. The names of other products and services referred to on the website or in the service may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on this website or in the service without the prior written consent of the owner of the mark.
Disclaimer of Warranties, Limitation of Liability and Indemnification
IF YOU RELY ON THIS WEBSITE, THE SERVICE OR ANY INFORMATION OR PRODUCT AVAILABLE THROUGH THIS WEBSITE OR THE SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS WEBSITE OR INCLUDED AS PART OF THE SERVICE. THIS WEBSITE AND THE SERVICE IS PROVIDED TO YOU “AS-IS.” vAUTO AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE OR INCLUDED IN THE SERVICE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE OR AS PART OF THE SERVICE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE OR SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. vAUTO AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO OUR WEBSITE BY YOU OR ANY OTHER THIRD PARTY.
UNDER NO CIRCUMSTANCES WILL vAUTO OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE, THE SERVICE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE OR WITHIN THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF vAUTO AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OR SERVICE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS vAUTO, ITS EMPLOYEES, OWNERS, REPRESENTATIVES AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF YOUR USE OF THE WEBSITE OR SERVICE.
FOR PURPOSES OF THIS AGREEMENT, “AFFILIATES” SHALL MEAN ANY ENTITY THAT DIRECTLY OR INDIRECTLY (THROUGH ONE OR MORE INTERMEDIARIES) CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH vAUTO, INCLUDING, WITHOUT LIMITATION, ANY SUBSIDIARY, PARENT OR SISTER COMPANY OF vAUTO.
Special Conditions Relating to Trial Offers
BY PARTICIPATING IN ANY TRIAL OFFER FOR THE SERVICE OR OTHER PROMOTION OFFERED ON THIS WEBSITE OR ANY OTHER WEBSITE OWNED OR OPERATED BY vAUTO, YOU COVENANT NOT TO SUE vAUTO, ITS AFFILIATES, SERVICE PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS THAT ARE IN ANY WAY, DIRECTLY OR INDIRECTLY, RELATING TO OR ARISING OUT OF THE USE OF THIS WEBSITE OR THE SERVICE OR ANY TRANSACTION THAT MAY TAKE PLACE AS A RESULT OF THE USE OF THIS WEBSITE OR THE SERVICE.
NOT CONTRADICTING THE FOREGOING, IN THE EVENT THAT ANY CLAIM OR DISPUTE IS FILED IN CONTRAVENTION OF THIS COVENANT, YOU AGREE THAT THE RELEASED PARTIES, COLLECTIVELY, SHALL NOT BE LIABLE FOR ANY DAMAGES EXCEEDING ONE THOUSAND AND NO/100 DOLLARS ($1,000) (THE “CAP”), AND THAT THE RELEASED PARTIES SHALL IN NO EVENT HAVE LIABILITY TO YOU IN EXCESS OF SUCH CAP. THE SPECIAL CONDITIONS RELATING TO TRIAL OFFERS ARE A SUPPLEMENT AND ADDITION TO THE OTHER GENERAL TERMS AND CONDITIONS SET FORTH HEREIN, AND SHALL IN NO EVENT BE CONSTRUED TO LIMIT OR OTHERWISE MODIFY THE GENERAL TERMS AND CONDITIONS APPLICABLE TO THE WEBSITE AND SERVICE AS SET FORTH HEREIN.
Registration
To obtain access to the service, you will be given an opportunity to register with vAuto. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of any user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the service through any username/password assigned to you. You will notify the Customer Service Manager of any known or suspected unauthorized use of your account.
Miscellaneous
These Terms have been made in, and will be construed in accordance with the internal laws of, the State of Georgia, without regard to its conflict of law principles. By using this website and the service, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia for all disputes arising out of or relating to these Terms or the use of this website or the service.
In the event that any provision of these Terms is held to be invalid, illegal, overly broad or otherwise unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms shall remain in full force and effect. Further, these Terms are intended to be a supplement and addition to any other contract, agreement, order or other document between you and vAuto or any of its Affiliates, and shall not be deemed to modify or replace the terms of any such contract, agreement, order or other document.