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General
We at CarBuckets Corp. (“Company”, “we”, “us” or “our”) strive to ensure that our website located at www.weelz.io (“Website”) is accessible to all individuals, including persons with disabilities. We have invested significant resources to help ensure that our Website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence.
Accessibility on our Website
In addition to other features, we make available the UserWay Website Accessibility Widget that is powered by a dedicated accessibility server. This AI-based software ensures that our Website meets the Web Content Accessibility Guidelines (WCAG 2.1) and adds numerous functions to allow for people with disabilities to interact with our Website.
Enabling the Accessibility Menu
The accessibility menu for our Website can be enabled by clicking the accessibility menu icon that appears on the corner of the page. After triggering the accessibility menu, please wait a moment for the accessibility menu to load in its entirety.
Disclaimer
We continue our efforts to constantly improve the accessibility of our Website and Products in the belief that it is our collective moral obligation to allow seamless, accessible, and unhindered use for all people, including those with disabilities. Despite our efforts to make all pages and content on our Website fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.
Here for You
If you are experiencing difficulty with any content on, or otherwise require assistance with, our Website, please contact us during normal business hours, as detailed below, and we will be happy to assist you.
Contact Us
If you wish to report an accessibility issue, if you have any questions, or if you need assistance, please contact us by email at support@weelz.io or by mail at the address below:
CarBuckets Corp.
6538 Collins Avenue, Unit 58
Miami Beach, Florida 33141
Last Updated: October 20, 2023
This Privacy Policy (“Privacy Policy”) applies to this website (located at weelz.io) and any sites, sub-sites, or mobile applications operated or hosted by Car Buckets Corp., and its subsidiaries and affiliates (collectively, CarBuckets “we”, “us” or “our”) that display this Privacy Policy (collectively, the “Website”) and is an integral part of our Terms of Service, to which you expressly agree.
The following Privacy Policy is designed to inform you, as a visitor of the Website (‘you”, “your”), about the types of information that Weelz may gather about or collect from you in connection with your use of the Website. The Website is operated by CarBuckets and has been created to provide information about our company, the products and services we provide. This Privacy Policy sets forth Weelz’ policy with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from visitors to the Website. It also is intended to explain the conditions under which Weelz uses and discloses that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Website, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should check the date of this Privacy Policy (which appears at the end of this document) and review any changes since the last time you used the Website. This Privacy Policy only applies to the Website and does not apply to information collected or received by other means. Our Website is not directed to children under the age of eighteen (18). We do not knowingly collect personal information from children under the age of eighteen (18). If you are under eighteen (18) years old, you are not authorized to use our Website. This Privacy Policy does not apply to anonymized or aggregated data that does not allow us or third parties to identify or contact you. Moreover, this Privacy Policy does not apply to any Personal Data collected by Weelz other than Personal Data collected through the Website. This Privacy Policy shall not apply to any unsolicited information you provide to Weelz through the Website or through any other means. This includes, but is not limited to, information posted to any public areas of the Website, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Weelz shall befree to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
By accessing our Website, you expressly agree to the terms of this Privacy Policy. This Privacy Policy is expressly incorporated into our Terms of Service, which can be accessed on www.weelz.io or by clicking the links contained herein, and incorporates by references, our Cookie Policy, to which you expressly agree. If you are accessing our Website via any other third-party application, platform, or website, you expressly agree to be bound by the notices, terms, and conditions posted thereon.
What Information Does Weelz Gather?
Information You Give Us.
When you interact with us through the Website, we may collect Personal Data and other information from you, as further described below:
Personal Data.
‘Personal Data’ is defined as any information that you may provide to us that can be used to identify you individually, including, but not limited to, contact information, business address, home address, fax numbers, driver’s license number, state identification card number, bank account number, credit card or debit card number, passport number, alien registration number, as well as any company account number that we assign to you. See more information about CarThenticator™, which is how we verify your identity, below.
Non-Identifiable Data.
You can use the Website to obtain certain information without revealing any personally identifiable information. During these types of visits, we may collect, analyze, or share such information on an anonymized basis. We use this information to generate statistics and measure the activity of our Website in order to improve the usefulness of the Website and the customer experience.
Personal Data That You Provide Through the Website.
We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, use our Website or register for access to the Website or use certain Website. Wherever Weelz collects Personal Data we make an effort to provide a link to this Privacy Policy.
By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to the Website, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Weelz and the authorized third parties referred to herein located in the United States.
You may be able to use social networks or other online services to access our Website. When you do so, information from those services may be made available to us. By associating a social network account with our Website, you agree that we may access and retain that information in accordance with the policies of the social network or other online service and this Privacy Policy. For example, we may be able to access account or profile information that you have provided to the social network or information about your interactions with the social network to make information available to us (such as when commenting on a blog post or using a sign-on service, such as Facebook Connect).
Carthenticator™ Identity Verification.
In order to use Weelz services, you may be required to verify your identity through various means. Weelz uses Stripe® identity verification services to securely verify your identity using our CarThenticator™ identity verification service. By providing any Personal Data via our Website or via any applicable website which is powered by Weelz uses Stripe®. By entering any Personal Data to our Website, you expressly agree to the processing of your Personal Data via Stripe® and agree to Stripe’s privacy policy which can be accessed here and to all other terms and conditions posted on www.stripe.com, as may be amended from time to time.
Non-Identifiable Data.
When you interact with Weelz through the Website, we receive and store certain personally non-identifiable information. We may passively collect information such as browser type, ISP, referring/exit pages, operating system, access date/time stamp, and clickstream data. We use this information to improve the usability of our Website. Such information is collected passively using various technologies and cannot presently be used to specifically identify you. Weelz may store such information itself or such information may be included in databases owned and maintained by Weelz affiliates, agents, or service providers. The Website may use such information and pool it with other information to track, for example, the total number of visitors to our Website, the number of visitors to each page of our Website, and the domain names of our visitors’ Internet service providers. It is important to note that no Personal Data is available or used in this process.
Aggregated Personal Data.
In an ongoing effort to better understand and serve the users of the Website, Weelz often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Weelz may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify you personally. Weelz may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Personal Data and other information provided to us.
This research may be compiled and analyzed on an aggregate basis, and Weelz may share this aggregate data with its affiliates, agents, and business partners, including car dealerships and other vendors. This aggregate information does not identify you personally. Weelz may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Location Information.
Our Website may collect and use your location information (for example, by using the GPS on your mobile device) to provide certain functionality of our Website. If you choose to enable our location features, your location information may be publicly displayed within the Website. Please keep in mind that other users can see this information about you, and they may use it or disclose it to other individuals or entities outside of our control and without your knowledge. Your location information may be subject to abuse, misuse, and monitoring by others, so please be careful if you choose to enable location functionality. We may also use your location information in an aggregate way, as described above in the “Aggregated Personal Data” section.
Analytics; Do Not Track Signals.
We may (and we may allow third party service providers to) use cookies or other technologies to collect information about your browsing activities over time and across different websites following your use of the Website. For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help the website analyze how users use the Site and enhance your experience when you use the Service. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.
Automatically Collected Information.
We may collect information automatically when you visit our Website or use our mobile applications, such as:
In addition, we may collect information about your activities on our Website via first and third-party cookies, clear GIFs or web beacons, or through other identifiers or technologies, including similar technologies as they may evolve over time. We refer to these technologies collectively as “Metrics Tools”. Please read our Cookie Policy for more information, which is expressly incorporated herein. We may allow third parties to use Metrics Tools on our Website. The information collected by Metrics Tools may be shared with and used by us, by others acting on our behalf, or by third parties subject to their own privacy policies. Information collected by Metrics Tools may be used on this Website or on other websites or services, including those that may not be operated by us.
How Does Weelz Use Information About Me?
Weelz and others acting on our behalf, including car dealerships that host our service, as well as insurance providers and lenders who work with Weelz and/or the car dealerships that host our service, may use the information that we collect or receive to operate our business, including our Website, as described below:
Operate and Support our Sites and Services.
We use the information that we gather in order to operate our Website and our services. For example, we may use the information that we collect or receive to provide support and assistance that you request or to diagnose or address technical problems in the operation of our Website or any of our services. If you establish a User Account with us, we may use information about you to manage or support your account. We may identify your use of our Website across devices, and we may use information we collect from you and receive from others to optimize your use of the Website and our services as you use different devices.
To Verify Your Identity and Obtain Your Credit Score.
As Weelz is a technology platform used to power car dealerships by providing inventory and other verification services, during the process of your purchase or lease of a motor vehicle, Weelz may share your Personal Data with the applicable car dealership, and/or insurance providers and lenders, to verify your identity, as may be required by applicable law. You acknwoedlge and agree that Weelz’ CarThenticator™ service utilizes Stripe® to verify your identity and in connection therewith, you agree to Stripe’s Privacy Policy which can be found at https://stripe.com/privacy. In addition, you authorize Weelz to run your credit report and in connection therewith agree to be bound by the privacy policy of 700 Credit, which can be found at https://www.700credit.com/privacy-policy.
To Transact Business with Car Dealerships in Connection with a Purchase or Lease.
When you use our Website or our services, and after you provide your Personal Data and contact information to request offers or information, we will provide your information, including Personal Data, to the applicable car dealership from whom you have inquired to purchase or lease a vehicle. You agree that Weelz may share Personal Data with such dealers, who, in turn, may share such Personal Data with vehicle manufacturers, insurance providers, and lenders in connection your purchase or lease of a vehicle. These car dealers and vehicle manufacturers may provide you with a savings certificate, offers and/or incentives for new or used vehicles or other products or services. When you choose to share your contact information with dealers (i.e., providing your mobile phone for texts instead of using our text masking service), your direct interactions with those dealers will not be controlled by this Privacy Policy. You should review the applicable notices (or other policies) of those dealers to understand how they may use your information. You acknowledge and agree that you will be bound by any posted terms and policies of the car dealerships, insurance providers and/or lender with whom you interact through the Weelz service and hold Weelz harmless for any unauthorized use of your Personal Data.
To Allow You to Connect with Credit Bureaus and Lending Institutions.
Our Website and services may permit you to provide information relevant to assessing your creditworthiness or designed to facilitate financing (for example, in connection a potential vehicle lease or purchase). Your direct interactions with credit bureaus and lending institutions will not be controlled by this Privacy Policy. You should review the applicable notices (or other policies) of those lending institutions to understand how they may use your information, as further set forth above.
To Allow You to Connect with Insurance Providers.
Our Website and services may permit you to provide your contact information to request a free insurance quote from a limited number of insurance providers (in connection with a potential vehicle lease or purchase). Your direct interactions with insurance providers will not be controlled by this Privacy Policy. You should review the applicable notices (or other policies) of those insurance providers to understand how they may use your information.
Advertising and Promotions.
We may use the information we gather to offer, provide, or personalize products and services from us and third parties. For example, we may customize content, advertising, promotions, and incentives to reflect your preferences, interests, or prior interactions with us and others.
Other Contacts.
We may contact you through telephone, text, or chat for other purposes, as permitted by law.
This Privacy Policy only addresses our own information practices and does not apply to information you share with third parties, including but not limited to dealers, lending institutions, and insurance providers, even if we link to those third parties from our Website. These third parties may have their own privacy policies governing their use of information that you can access from their websites. Our services may be offered through third party websites or mobile applications (“Partner Site[s]”). This Privacy Policy does not apply to Partner Sites, unless otherwise indicated on the applicable Partner Site.
Please note that other parties may collect personally identifiable information about your online activities over time and across different websites when you use our Site.
When Does Weelz Share Information?
We only share information about you as described or permitted by this Privacy Policy, unless you consent to other sharing. Once information has been shared with a third-party, as permitted herein, we are not responsible for the use or dissemination thereof. We may share information about you in the following ways:
Corporate Affiliates.
We may share information with our corporate affiliates for their everyday business purposes, to provide services or to perform marketing. We may also participate in joint ventures with others, and we may share information as part of that joint venture.
Partner Sites.
We may share the information we gather with Partner Sites (and the owners of those sites). For example, we may share information for determining or verifying our economic rights and obligations.
Service Providers.
We may share information with third party service providers who help us operate our business or provide services on our behalf, including third parties who help us operate our Website and services. These service providers include analytics companies, communication providers, and advertising networks, including those that provide Metrics Tools on our Website.
Promotional Purposes.
We may share information with third parties to help us promote our products and services, or to help us customize advertisements, offers, or other communications to you.
Automobile Dealers and Vehicle Manufacturers.
We may share information with automobile dealers, manufacturers, and other providers of automobile related products and services. For example, we may share information with our participating dealers to personalize the terms of your purchase, verify your identity, and your preferred auto financing terms, and to allow you to communicate with them and them to communicate with you when you elect to share your information with them.
Lending Institutions.
Our Website and services may permit you to provide information relevant to assessing your creditworthiness or facilitating conditional pre-qualification for auto financing in connection with a potential vehicle lease or purchase.
Business Transfers.
We may share information we have collected from you in connection with the sale or merger of our business or the transfer of assets.
Protection of Ourselves and Others.
We may use and share the information we gather to enforce our rights and protect our property and those of our affiliates, customers, and members of the public, to comply with applicable law, legal process, legal advice and for preventing fraud, theft, and injury to you, us or others.
Customer Comments, Reviews, and Testimonials.
We may publish or use customer comments, reviews or testimonials on our Site or in other advertising accompanied by attribution, including your name and other information that we deem relevant to the statement, such as your geographic location. If you do not wish your reviews, feedback or testimonials to be used in that matter, contact support@Weelz.io.
What Choices Do I Have Regarding My Information?
You may limit and control the information provided to us in various ways. You may not be able to use all features of our Website if you limit the information you share with us. For example, you can choose not to access our Website through your social media account. You may also be able to limit the information provided to us by third party social media providers by altering your privacy settings with those providers. You may unsubscribe from promotional emails from us by following the unsubscribe link included in each such email. Your browser and your device may provide you the option to limit the use of cookies or other Metrics Tools. You should consult documentation for your browser or device for more information. Your mobile device may have settings that allow you to prevent sharing geolocation information with us. You should consult your mobile device’s settings or help documentation for more information about exercising these options. Weelz uses Google Analytics, which helps Weelz better understand its audience and target communications and advertisements based on demographic or interest-based information. You may learn more about opting out of certain Google advertising initiatives here and here. You may also be able to opt out of certain targeted behavioral advertising via the Network Advertising Initiative’s opt-out. Please note that you may still receive advertising even after opting out, but that advertising may not be tailored to you or your interests.
How Can I Access and Update My Information?
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Website.
Please also feel free to contact us at support@Weelz.io if you have any questions about Weelz’ Privacy Policy or the information practices of the Website.
How Does Weelz Address California Privacy Rights?
This part of our Privacy Policy applies to consumers who reside in the State of California. Please also see our Notice to California Residents, which is posted later in this notice.
Personal Information We Collect about California Consumers.
We describe the Personal Information we have collected from consumers in the twelve (12) months preceding the effective date of this Privacy Policy in the part of our Privacy Policy titled, “What Information Does Weelz Gather?”.
The information we collect includes the following:
For information regarding the purposes for which we collect and use the Personal Information we collect, please see “How Does Weelz Use Information About Me?”.
Notice to Connecticut Residents.
Pursuant to Connecticut General Statutes Sec. Section 42-471, it is the policy of Weelz to protect the privacy of your personal information by doing the following:
Notice to Nevada Residents.
Nevada law allows consumers to direct certain businesses not to sell their personally identifiable information collected on a business’s platform or other online service to third parties to license or sell that information to additional third parties. If you are a Nevada resident, you may submit such opt-out requests by email at support@Weelz.io. To be effective, your request must include your full name, address, phone number, and email address to verify the authenticity of your request.
Notice to California Residents.
Shine the Light. Users who are California residents may request (i) a list of categories of personal information disclosed to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please send us an email or a letter to the addresses in the section entitled “Contact Us” below and specify you are making a “California Shine the Light” request. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.
(a) Right to Access and Information regarding Personal Information.
You have the right to request that we disclose to you the categories and specific pieces of Personal Information we have collected about you. Specifically, you have the right to request that we disclose the following to you, in each case in the twelve-month period preceding your request:
We will deliver Personal Information that we are required by law to disclose to you in the manner required by law within 45 days after receipt of a verifiable request, unless we notify you that we require additional time to respond, in which case we will respond within such additional period of time required by law. We may deliver the Personal Information to you through your account, if you maintain an account with Weelz, or, if not, electronically. If electronically, then we will deliver the information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information from one entity to another without hindrance.
(b) Right to Deletion of Personal Information.
You have the right to request that we delete Personal Information about you that we have collected from you.
(c) Right to Opt Out.
You have the right to opt out of the disclosure of Personal Information about you to third parties for monetary or other valuable consideration. California Consumer Privacy Act of 2018 (CCPA) requests (Request to Delete, Request to Know, Request to Opt-Out) for California Residents may be requested via the link on our Website entitled “Do Not Sell My Info”.
(d) Right to Non-Discrimination.
We may not discriminate against you because of your exercise of any of the foregoing rights, or any other rights under the California Consumer Privacy Act, including by:
We may, however, charge different prices or rates, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to Weelz by your Personal Information.
(e) Do Not Sell my Information.
"Do Not Sell My Info" Notice for California Residents can be found on the homepage of our Website.
Requests to Exercise Your Rights.
You may request to exercise the foregoing rights by: Submitting a request by email to support@Weelz.io.
You may designate an authorized agent to make a request on your behalf. Please note that we may take steps to verify your identity before granting you access to information or acting on your request to exercise your rights, as required or permitted by law. We may limit our response to your exercise of the above rights as permitted by law.
Data Sharing for Direct Marketing Purposes.
Residents of the State of California may request a list of all third parties to which we have disclosed certain personal information (as defined by California law) during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us, as set forth herein.
How Does Weelz Handle Privacy Disputes?
By using our Website, you agree that any dispute arising out of or relating to the Website, the Website’s content or the services or materials made available on the Website, or regarding information collected or shared about you, is subject to the Arbitration Agreement and Class Action Waiver, venue, and governing law provisions contained in our Terms of Service.
How Does Weelz Protect the Security of the Personal Information it Collects?
We use administrative, technical, and physical security designed to safeguard personal information in our possession. We cannot guarantee the security of the information that we collect and store. If you believe that information about you has been subject to unauthorized disclosure, please let us know by emailing support@Weelz.io.
How Does Weelz Provide Updates to this Privacy Policy?
When we make material changes to this Privacy Policy, we will update this web page and change the Effective Date listed above.
"Do Not Sell My Info"
Notice For California Residents
By accessing our website at https://www.weelz.io/ (“Website”) or utilizing any service provided by Car Buckets Corp., a Delaware corporation, you acknowledge and agree that there are certain services that you use of ours for which we do not charge. Instead, however, advertisers may pay us for allowing them to show you advertisements for their products and services online. Like many other online companies, we may use services provided by Google, Facebook, and others to help deliver interest-based ads to you.
California law may classify some cases of limited information sharing with advertising partners through the use of these services as a “sale” of personal information from which California residents have the right to opt-out. This is because the companies that provide these services and our advertising partners may collect some information from our users (e.g., cookies, advertising IDs, IP addresses, and usage activity) to help them understand how people interact with advertising content on and off of our services and content, and to serve ads that they think users may want to see based on their online activity.
Here at Weelz, we are committed to transparency and we are providing this notice to explain your choices regarding how to control the limited information that is shared. You have the ability to restrict this use of Cookies and advertising IDs, as further set forth in our Cookie Policy, to which you expressly agree.
There are a few different ways you can do this for cookies:
How Can Weelz be Contacted Regarding Privacy Issues?
You can contact us with questions or comments about our privacy practices or this Privacy Policy by emailing us at support@Weelz.io or you can contact us in writing at:
CarBuckets Corp.
6538 Collins Ave., Unit 58
Miami Beach, Florida 33141
Last Updated: June 21, 2024
These Terms of Service (the “Terms” or “Agreement”) are made and entered into by and between you (“Consumer”, “User”, “you” or “your”) and CarBuckets Corp., a Delaware corporation (referred to in these Terms as “CarBuckets, “we”, “us” or “our”) for the use of the website http://weelz.io, or any site or sub-site hosted thereon(“Website”). Our Website 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, our “Service”, “service” or “services”).
BEFORE YOU PROCEED, PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING, ACCESSING, OR LOGGING INTO OUR WEBSITE, OR DOWNLOADING ANY CONTENT THEREON, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE OFFERED BY WEELZ (IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE).
Please read these Terms carefully and print them for future reference. By accessing, browsing, or otherwise using the Website, or our products and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the Terms, you shall not access, browse, or use the Website. These Terms along with our Privacy Policy and Cookie Policy explain how we provide our products and services, collect, hold, and process your information, and govern your access to and use of our products and services, including any content, functionality and services offered on or through the Website. If you do not want to agree to these Terms or the Privacy Policy, you may not use our Website, products, and services. If you are accessing our Website via any other third-party application or site, you expressly agree to be bound by the notices, terms, and conditions posted thereon.
You understand and agree that we may change these Terms at any time without prior notice. You may read a current, effective copy of these Terms at any time by selecting the “Terms of Service” link on the Website. The revised terms and conditions will become effective at the time of posting. Any use of the Website, products, or services after such date shall constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Website, products, or services. We will not be liable if for any reason all or any part of the Website, products, or services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, products, or services to users, including registered users. You are responsible for making all arrangements necessary on your end to have access to the Website, products, or services and ensuring that all persons who access the Website, products, or services through your internet connection are aware of and comply with these Terms.
GENERAL TERMS
The Website and our services are offered and available to Users who are eighteen (18) years of age or older. If you are not eighteen (18) years of age or older, you are not authorized to use our Website or services. Further eligibility requirements must be met to obtain and use our products and services. By using our Website or accessing and using our services, you represent and warrant that you are authorized to represent and bind the business you are contracting with Weelz for, and that you are of legal age to form a binding contract with us and meet all the eligibility requirements. If you do not meet all these requirements, you must not access or use the Website or our products and services. You must ensure that all equipment, hardware, software, products and/or services you use to access, visit, or use the Website does not disturb or interfere with our operation of the Website, or impede or interfere with others' access, visitation and/or use of the Website. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Website any equipment, hardware, software, product and/or services causing interference with the Website, our licensors, vendors, and Third-Party Service Providers (as defined below).
If you provide your number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s).
Unless otherwise specified, the Website is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Website by you and by those you authorize or allow to use, or provide access to, the Website, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Website resides or is accessible.
You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any content subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person or entity, or for an end use, prohibited thereby.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
This Website is hosted in the United States. We make no claims concerning whether the Content (as defined below) may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
CarThenticator™ Identity Verification
You authorize Weelz, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and/or your business. In order to use Weelz services, you may be required to verify your identity through various means. Weelz uses Stripe® identity verification services to securely verify your identity using our CarThenticator™ identity verification service. By providing any Personal Data via our Website or via any applicable website which is powered by Weelz uses Stripe®. By entering any Personal Data to our Website, you expressly agree to the processing of your Personal Data via Stripe® and agree to Stripe’s privacy policy which can be accessed here and to all other terms and conditions posted on www.stripe.com, as may be amended from time to time. Please see our Privacy Policy for more information, to which you expressly agree.
User Conduct
You are authorized by Weelz to access and use the services, including the information on this Website, solely for your personal, non-commercial use. 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 our 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.
To access certain features of this Website you may be required to register for a User account. 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 Weelz, 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. Weelz is 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 us), 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 Weelz for use in accessing the services.
Website Content.
This Website contains material, including but not limited to software, text, graphics, and images (collectively, the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is the intellectual property of Weelz or its licensors and constitute trademarks, patents, copyrights, and other intellectual property rights of Weelz or its licensors under U.S. and foreign laws and international conventions. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Website shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
Services.
Weelz is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, automotive insurance or other automotive-related products or services offered by third parties. Any brand names or logos, particularly those relating to the make and model of a vehicle, contained on the Website are the intellectual property of their respective owners. You agree to indemnify and hold Weelz harmless in connection with any claim that Weelz is acting as an automotive dealership or broker, insurance broker, or any professional business entity, as such terms are defined by applicable state law.
All information provided on our Website is for informational purposes only. Information displayed through the services related to any vehicle you may configure, such as dealer cost, factory invoice, market average, MSRP, or other value, either reflects or is based on available data relevant to your vehicle and does not reflect a dealer's price for an actual vehicle consistent with your preferences. Any savings information that you may receive from a selling dealer or user is provided directly to you by the selling dealer or user and is not provided by Weelz. Any incentive offer that you may receive from vehicle manufacturers through your use of the Services is provided directly to you by that vehicle manufacturer and is not provided by Weelz. The terms and conditions of these incentive offers are determined by the applicable vehicle manufacturer, and not by Weelz. Weelz may also provide you with valuable access to links to third-party sites where you can obtain financing and insurance. Information you may receive from third parties is provided directly to you by that financial institution or insurance provider and is not provided by Weelz.
Neither the accuracy of information provided on this Website, nor the availability, quality, or safety of vehicles, or any financing of or insurance relevant to those vehicles, is guaranteed or controlled by Weelz, and Weelz 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, financing, insurance, and the like are not the responsibility of Weelz and should be directed to the dealer or appropriate third-party vendor. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease of a vehicle or of other products or services. 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 support@Weelz.io.
By using the Services, you acknowledge and agree that participating dealers may not have in inventory a new vehicle that exactly matches any vehicle you may configure on the website, and certain models or configurations may not be available. 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 Weelz 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 vehicle you may configure may change if the actual in-stock vehicle that you choose to buy differs from the configuration of your vehicle. Used vehicles are subject to prior sale.
For the avoidance of doubt, Weelz is solely a research and communications platform. Weelz 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, even if a portion of our Website or our Services are hosted by or transmitted through a third-party dealer, manufacturer, or lender. Weelz receives a fee from the participating dealerships or Third-Party Service Providers in connection with the services.
General Information.
Any and all information contained on our Website is for informational purposes only. Unless otherwise provided herein, Weelz is not responsible for the accuracy of any information provided by our third-party affiliates, including data providers such as ChromeData®, payment processing services or any dealerships, including their inventory system(s). Unless otherwise stated herein, Weelz is not affiliated with any Third-Party Service Provider (as defined herein) and cannot guarantee the accuracy of any information provided by them. Any and all transactions related to the purchase or lease of a vehicle are a contract between you and the applicable dealership. Weelz assumes no responsibility for your interactions with any Third-Party Service Provider, in any way, including but not limited to the purchase, lease, trade-in, or financing of a vehicle, and any warranties or automotive insurance associated therewith. You acknowledge and agree that any purchase or lease terms viewable through the Website are made by applicable dealerships, not Weelz. Weelz receives fees from participating dealerships and may receive compensation from certain Third-Party Service Providers but does not guarantee that the goods or services offered by any such Third-Party Service Provider are the best available. The images provided on the Website are provided by ChromeData® and are shown for illustration purposes only.
ChromeData®
By using our Website, our Service, and/or accessing any information provided by ChromeData, you agree to the terms set forth on https://www.jdpower.com/privacy and https://www.jdpower.com/terms-of-use.
Third-Party Sites.
The Website contains links to third-party websites (“Third-Party Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such Third-Party Sites. The content of such Third-Party Sites is developed and provided by others. You should contact the site administrator for those Third-Party Sites if you have any concerns regarding such links or any content located on such Third-Party Sites. Weelz is not responsible for the content of any linked Third-Party Sites and do not make any representations regarding the content or accuracy of any materials on such Third-Party Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Sites, you do so at your own risk.
Integration with Third-Party Applications.
Our Website, services, and/or software may contain features designed to interoperate with third-party applications and services. To use such features, you may be required to obtain access to certain third-party applications or subscriptions from their providers or to grant us access to your account(s) with such providers. We cannot guarantee the continued availability of such software or service features and may cease providing them without entitling you to any refund, credit, or other compensation, if for example and without limitation, the provider of a third-party product or service ceases to make the third-party product or service available for interoperation with the corresponding service or software features in a manner acceptable to us. Moreover, by using any third-party software or service, you expressly agree to be bound by their end user terms and conditions and all applicable software or service requirements related thereto.
User Content.
With respect to the content or other materials you upload through the Website (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant Weelz and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Website or otherwise in connection with Weelz’ business purposes. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service (“Submissions”), provided by you to Weelz are non-confidential and Weelz will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Weelz may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Weelz, its users and the public.
Copyrights; Digital Millennium Copyright Act Notice.
Weelz respects the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or use the Website of Users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content (or User Content) deemed to be infringing. It is our policy to terminate the access of repeat infringers.
If you have reason to believe that your content has been copied and/or is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another site, application, destination or service that contains content or activity that infringes your copyright rights, you may notify us by providing a document via e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR WEBSITE OR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.
Please direct all notices under this section to our Copyright Agent:
DiSchino & Schamy, PLLC
4770 Biscayne Blvd., Suite 600
Miami, Florida 33137.
Email: admin@dsmiami.com
Only copyright complaints should be sent to our Copyright Agent. No other communications will be accepted or responded to.
Trademarks.
The trademarks, service marks, and logos of Weelz (collectively, the “Weelz Trademarks”) used and displayed on this Website are registered and unregistered trademarks or service marks of Weelz. Other company, product, and service names located on the Website may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Weelz Trademarks, the “Trademarks”). Nothing on this Website or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on this Website without the prior written consent of Weelz specific for each such use. The Trademarks may not be used to disparage Weelz or the applicable third-party, Weelz or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Weelz’ prior written consent. All goodwill generated from the use of any Weelz Trademarks shall inure to the Weelz’ benefit. Certain elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Weelz. None of the Content for this Website may be retransmitted without the express written consent from Weelz for each and every instance.
User Restrictions.
You agree not to: (a) take any action that imposes an unreasonable load on the Website’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Website, (4) delete or alter any material posted on the Website by Weelz or any other person or entity, or (5) frame or link to any of the materials or information available on the Website.
Using the Website, products, or services does not give you ownership of any intellectual property rights in the Website, products, or services or the content you access. The Website, products, or services, and their contents, features and functionality and all intellectual property located on the Website or in the materials published or otherwise made available through our products and services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Website, and our products and services for your personal and business use only. These terms do not grant you the right to use any branding or logos used in or on our Website, products, or services. You should not remove, obscure, or alter any legal notices displayed in the Website or along with our product and services.
Privacy Policy and Cookie Policy.
In connection with your access to the Website and use of the service, you expressly agree to our Privacy Policy and our Cookie Policy, which are posted on our homepage, http://weelz.io. Please read the Privacy Policy and Cookie Policy carefully in order to learn more about how we use information we collect from you when you access, visit, or use the Website. The Privacy Policy and Cookie Policy are part of and is governed by these Terms and by agreeing to the Terms, you agree to be bound by the terms of the Privacy Policy and Cookie Policy, and you agree that we may use information collected from you in accordance with the Privacy Policy and Cookie Policy.
By using the Website or our services, you acknowledge and agree that you are contracting with Weelz electronically, and that we may provide you with any and all notices and disclosures in electronic format (e.g., via e-mail or via Website). Any notice, disclosure, agreement, acknowledgement, form, consent, statement, policy, record, document, preference, privacy policy, or other information we provide to you, or that you submit, agree to, or sign at our request (each, a “Communication”) will be provided in electronic form and will be provided either: (1) via e-mail or text message or (2) via a website. You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, in-app messaging, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. You agree that we may use any email address or telephone number you provide as set forth here, now or in the future, including mobile phone numbers. You also agree that we may monitor and record calls regarding your account to ensure the quality of our service or for other reasons.
To withdraw your consent to receive electronic Communications, please write us by e-mail at support@Weelz.io with the subject line: “Unsubscribe from Electronic Communications.” In addition, our communications themselves may include the opportunity to opt out. For example, our e-mails include an unsubscribe link. Message and data rates may apply. You may withdraw your consent from account related texts by replying STOP at any time to any account related text received from us. By entering a mobile phone number, you certify that this is your number or that you have the authority to provide this number for contact. The account texts we send may be seen by anyone with access to your phone, and you should safeguard the confidentiality of your devices
Other Telephonic Communications.
You acknowledge that telephone calls to or from Weelz, dealerships, sellers, manufacturers and/or third-party partners may be monitored and recorded and you agree to such monitoring and recording. Weelz will have access to your text communications with the dealer using our services to help resolve any disputes, enforce rules to respect your privacy, and better tailor our services to you.
You verify that any contact information provided through the Website, including, but not limited to, your name, mailing 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 are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your account registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone number(s), you agree to immediately notify us by email at support@Weelz.io.
You agree to indemnify, defend and hold us (and the Weelz Indemnitees, as defined below) harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees), including, but not limited to, claims under the Federal Telephone Consumer Protection Act or its state law equivalent, and including claims arising from your voluntary provision of contact information (including a telephone number) that is not your own, your failure to notify us of any changes to your contact information, including telephone number, and/or from your violation of any federal, state or local law, regulation or ordinance. We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
We are not responsible for unwanted contact from third parties. You acknowledge that by voluntarily providing your telephone number(s) through the Website, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to pricing and offers, vehicle financing and loans, your account, any transaction, and/or your relationship with us or any third-party. This does not mean that all calls or text messages to you will be sent through automated means. You also agree to be contacted at the email and mailing addresses provided by you. Consent to receive automated marketing calls/texts is not a condition of any purchase, lease, financing, or loan. Calls or text messages may be sent by Weelz and other third parties 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, lenders, or third-party partners from our participating partner list at any time, and you consent to be contacted, as explained above, by these dealers, lenders, or third-party partners notwithstanding the date of the start of your relationship with Weelz. Your consent to be contacted applies to participating dealers, lenders or third-party partners that may have existed at the start of your relationship with Weelz and that may thereafter be added to our participating partner list. You acknowledge that you may incur a charge for calls or text messages by your telephone carrier and that we are not responsible for these charges.
Your obligations under this Section shall survive termination hereof.
Feedback.
If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Website (“Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Website. You hereby grant us a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback into our Website for any purpose.
Third-Party Service Providers.
Weelz does not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third-party (“Third-Party Service Provider”) through our products, services, or Website. If you use any product or service offered by a third-party in conjunction with the Website, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of the third-party product or service; (ii) we do not control the third-party or its product or service; (iii) your use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or omissions, of the third-party. Subject to these disclaimers, we may use certain Third-Party Service Providers to gather data and authenticate information regarding you, your device, and your accounts. In some instances, this may require you to accept third-party software tools and products through the Website. You further agree we may place cookies and other identifiers on the mobile devices you use to access our products, services, Website, as specified in these Terms or in our products, services.
Financial and Insurance Service Providers.
Weelz and our affiliates, through the Service, may provide a venue through which you can obtain information and find third-party service providers, such as financial institutions, credit providers, insurance agents, and other financial professionals (“Financial Service Provider[s]”). We do not endorse or recommend the products or services of any Financial Service Provider and are not an agent or advisor to you or any Financial Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Financial Service Providers. It is your responsibility to investigate Financial Service Providers. You acknowledge and agree that Financial Service Providers are solely responsible for any services that they may provide to you and that Weelz is not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Financial Service Provider’s products or services. We urge you to obtain the advice of your own financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Financial Service Providers.
You expressly acknowledge and agree that Weelz is not a Financial Service Provider, and only uses third-party service providers such as ChromeData®. Weelz not a lending institution, insurance provider or other Financial Service Provider. Instead, Weelz, through our Services, may help to connect you with Financial Service Providers that might meet your needs, based on information provided by you. We do not, and will not, make any coverage or credit decision with any Financial Service Provider referred to you or portrayed on our Website. We do not issue loans, credit, insurance coverage or any other financial products.
Weelz does not make any warranties or representations regarding the quotes, fees, terms, rates, coverages or services offered or made available by Financial Service Providers, which may appear on our Website. Any quotes, fees, terms, rates, coverages or services shown are for informational purposes only. We do not guarantee that quotes, fees, terms, rates, coverages or services offered by Financial Service Providers will be available to you nor do we guarantee that they are the best available products or services.
Weelz may be compensated in exchange for featured placement of sponsored products and services, or your clicking on links posted on our Website. This compensation may impact how, where and in what order products and services appear. Weelz does not include all companies or all available products.
You hereby hold Weelz harmless and release Weelz of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Financial Service Provider’s products or services, including any fees charged by a Financial Service Provider.
Disclaimer of Warranties.
THE WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR THIRD-PARTY WEBSITES AND/OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR ANY MOBILE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WEELZ, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “WEELZ PARTIES”), DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
IN NO EVENT SHALL ANY WEELZ PARTBE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH WEELZ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, WEELZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS TO (I) THE CONTENT POSTED BY OR PROVIDED BY ANY THIRD-PARTY ON THE WEELZ WEBSITE, (II) THIRD-PARTY WEBSITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE WEELZ WEBSITE, (III) THAT THE WEELZ WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR WEBSITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEELZ WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEELZ WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR WEBSITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEELZ WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (IV) REGARDING THE USE OF THE WEELZ WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WEELZ WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
IN ADDITION, WEELZ 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 WEELZ OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
Weelz 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.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability
IN NO EVENT SHALL WEELZ BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WEELZ OR ITS THIRD-PARTY SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL WEELZ’ AGGREGATE LIABILITY FOR ANY CLAIM EXCEED THE AMOUNT OF FEES YOU HAVE PAID TO WEELZ, IF ANY.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST US 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).
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification
You agree to fully indemnify, defend, and hold Weelz and its subsidiaries, affiliates, partners, officers, directors, employees and agents (collectively, the “Weelz Indemnitees”), harmless from and against any and all claims (whether actual or alleged), damages, losses, costs (including reasonable attorneys' fees), and other expenses (collectively, “Claims”) that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of, the Website or the services or goods obtained through your use of the Website; (ii) your breach or violation of the terms in this Agreement, any representation, warranty, or covenant referenced in this Agreement, or any applicable law or regulation; (iii) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third-party; (iv) your activities in connection with the Website or other websites to which the Website is linked; (v) any transaction or interaction with a dealership, manufacturer, seller, and/or Third-Party Service Provider in connection with our service; (vi) any and all acts, circumstances or omissions which take place in connection with your purchase, lease, or financing of a vehicle, or any interactions stemming therefrom; (vi) any negligent act or omission or any willful misconduct by you; and/or (vii) any inaccuracies in the information provided to you through the Website.
You are solely responsible for defending any Claims against any Weelz Indemnitees, subject to such party’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 Weelz or the Weelz Indemnitees, provided that you will not agree to any settlement that imposes any obligation or liability on Weelz or any Weelz Indemnitees, without its prior express written consent.
Governing Law and Jurisdiction
You agree that your use of the Website shall be governed by and construed in accordance with the laws of Florida, without regard to conflict of law rules. The courts of Miami-Dade County, Florida shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement that is not subject to Arbitration. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notice given in electronic form will 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.
Termination
You agree that Weelz, in its sole discretion, may suspend or terminate your access to the Website for any reason, including, without limitation, for lack of use or if Weelz believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Website may be referred to appropriate law enforcement authorities. Weelz may also in its sole discretion and at any time discontinue providing the Website or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Weelz may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that Weelz will not be liable to you or any third-party for any termination of your access to the Website.
ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION
Arbitration.
For purposes of this Agreement, you and Weelz are each referred to as a “Party” and collectively, as the “Parties”. The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a requirement prior to either Party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms (including its formation, performance and breach) and the Website shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to determine the validity of any claim and to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. The exclusive seat or place of jurisdiction shall be Miami-Dade County, Florida.
The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver.
The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. No class action arbitration is permitted.If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Litigation of Small Claims Court Claims.
Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either Party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Thirty (30) Day Right to Opt-Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Agreement by sending written notice of your decision to opt-out to the following address: Car Buckets Corp., 6538 Collins Avenue, Unit 58, Miami Beach, Florida 33141. Attention: Accounts Department. The notice must be sent within thirty (30) days of your first use of or access to the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may elect to terminate your use of the Website.
MISCELLANEOUS
General
These Terms constitute the entire agreement between you and Weelz and govern your use of the Website superseding any prior agreements between you and Weelz with respect to the 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 these Terms. 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 these Terms.
This Website is controlled and operated by Weelz from its offices within the United States. Weelz 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.
Amendments.
These Terms may be amended by Weelz from time to time. You agree that you will review these Terms prior to using the Website and that your registration, participation and continued use of the service will constitute acceptance of these Terms, as they may be amended from time to time. Any new version of these Terms will take effect on (i) the date falling thirty (30) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of this Agreement which is capable of adversely affecting you, or (ii) immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting you, examples of which would include, without limitation: (a) changing the name of the web address for the Website or (b) the refinement of provisions that are already included or referred to in this Agreement. In either case, if you do not wish to be governed by a new version of these Terms, you must disable any User account, if applicable, and immediately cease to use the Website. We shall not have any liability to you in such an event.
No Oral Modifications.
Employees of Weelz are not authorized to modify this Agreement, either verbally or in writing. If any employee of Weelz offers to modify these Terms, he or she is not acting as an agent for Weelz or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Weelz or anyone else purporting to act on our behalf.
Third Parties and Third-Party Beneficiaries.
These Terms are between you and Weelz.There are no third-party beneficiaries. The foregoing notwithstanding, please note that the Website enables access to third-party content, products and services, and it offers interactions with third parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of Third-Party Service Providers (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third parties). Participation or availability on the Website does not amount to endorsement or verification by Weelz. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Website by anyone.
No Agency Created.
Except where provided for in a separate agreement between or among you and Weelz, no agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by the Terms. Without limiting the foregoing, except as expressly set forth herein, Weelz are not acting and do not act as an agent for any user of our Website, products, or services.
Non-Waiver.
The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Force Majeure.
Weelz shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Weelz’ reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation or any other cause whatsoever, which is beyond our reasonable control.
Severability.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
Assignment.
These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and our related rights and obligations without obtaining your consent.
Entire Agreement.
These Terms supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Website, the Service, or its contents. Modifications to the Terms that are not posted on the Website are not valid unless made in writing and signed by an authorized representative of Weelz.
Notices.
You consent to receive notices and other communications regarding these terms and conditions and/or other aspects of the Website through posting of notices on the Website. You agree that all agreements, notices, disclosures, and other communications that Weelz provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
Weelz may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Website, or other reasonable means now known or hereafter developed. You acknowledge and agree that Weelz will have no liability associated with or arising from your failure to maintain and supply Weelz with accurate contact information about yourself, including your failure to receive important information and updates about the services or this Website.
Contact Us.
If you have any questions about these Terms, you may contact us by email at support@Weelz.io or by U.S. Mail to:
CarBuckets Corp.
6538 Collins Avenue, Unit 58
Miami Beach, Florida 33141
Last Updated: October 20, 2023