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Terms and Conditions

Updated 10/09/2023

 

These Terms of Use (these “Terms”) govern each website, mobile site, application, and/or other service, regardless of how distributed, transmitted, published or broadcast (each a “Service” and collectively, the “Services”) provided by EverLease (“EverLease,” “us,” “we,” or “our”) that links to these Terms, which are binding on all those who access, visit and/or use the Services, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital context by an automated or manual process or other (collectively, “you” or “your”).

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EverLease is an informational website designed to connect potential car dealerships with car sellers. EverLease is not, and does not, engage in activities that would constitute the sale, rental or lease to automobiles and you agree that any transaction you engage in related to a car lease or purchase is subject in all respects to the negotiation of definitive documents between you and the counter-party outside of the EverLease platform and separate and apart from the Services.

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PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATE THAT MAY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN IN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS. IT ALSO REQUIRES YOU TO GIVE UP YOUR RIGHT TO PARTICIPATION IN CLASS ACTIONS OF ANY KIND. THE ARBITRATION AGREEMENT IS FOUND IN THE “DISPUTES SECTION” BELOW.

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1. Introduction

By using EverLease’s services, you agree to these Terms, as updated from time-to-time. The date of the most recent revisions will appear at the top of this page, and we encourage you to revisit this page often and review the Terms. Unless explicitly stated otherwise, any new features that we may add to our Services will also be subject to these Terms, and any other special terms of services referenced in the new feature.

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Your use of the Services constitutes your acceptance of any changes and/or revisions to these Terms. If you disagree with these Terms, or if you violate, breach, fail to follow, or act inconsistently with these Terms or any other terms and conditions that apply to the Services (including, but not limited to our Privacy Policy), then your access to and use of the Services is unauthorized, and EverLease reserves the right to terminate, suspend, and/or restrict your ability to access, visit and/or use the Services and to refuse to honor any of our purported obligations under these Terms, with or without notice. In addition, we may restrict or refuse to provide you with future access, visitation, and/or use of the Services. We reserve the right, in addition to other remedies, to take any technical, legal or other actions we deem necessary, with or without notice, to prevent violations and to enforce these Terms. As part of this, we reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving the Services. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Terms.

EverLease may modify, suspend, discontinue, or terminate your right to use part or all of the Services at any time without notice to you, and in that event, we may modify the Services to make them inoperable. EverLease will not be liable to you should it exercise those rights.

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2. Eligibility & Jurisdiction; Content; License and Access

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Eligibility & Jurisdiction

The Services are controlled and operated by EverLease from the United States and are not intended to subject EverLease to the laws or jurisdiction of any state, country, or territory other than the United States (excluding unincorporated territories, Puerto Rico, and Guam). EverLease does not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

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The Services are intended only for use in the United States by individuals who are 18 years of age or older and who have the capacity to enter into a valid contract. By accessing the Services you represent and affirm that you meet these requirements. Individuals under the age of 18 are expressly prohibited from registering for the Services or submitting their personal information to us, and from using portions of the Service for which registration is required. If you choose to access this site from a location outside the United States, you are responsible for compliance with local laws.

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EverLease does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors.

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Our Content

These Terms govern all content on the Services, including text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, trademarks, trade names, service marks, games, and other brand identifiers, designs, plans, software, source and object code, data, algorithms, analysis, statistics, indexes, registries, repositories, and all other content, information, and materials available on or through the Services, whether provided by EverLease, our licensors, partners, vendors, and/or other service providers (“Content”).

 

EverLease is not responsible for, nor substantiates or guarantees in any way, Account Materials (each as defined below) or any other content posted by you, other users, or third parties on the Service. You are entirely and solely responsible for any and all engagement with other users or third parties on or via the Service. The information on vehicles provided in this Service may be supplied by other third parties, EverLease is not responsible for the accuracy of such information. EverLease provides the Service and these materials without representations, guarantees, or warranties of any kind, whether express or implied.

 

License and Access

Subject to your compliance with these Terms, EverLease grants you a non-exclusive, limited, revocable, personal, non-transferrable license to use the Services and to download and use any EverLease mobile application (“Mobile Application”) on your mobile device, for your personal, NONCOMMERCIAL use only. As part of this, you may print, save, download, and share vehicle information, any paperwork or other information relating to your search. This license does not include any resale or commercial use of any Services or its Content, any derivative use of any Services or its contents, any downloading, copying, or other use of account information for the benefit of any third party, or any use of data mining, robots, or similar data gathering and extraction tools.

 

3. Prohibited Uses

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You may only use these Services for lawful purposes and in accordance with these Terms. As a condition of your use of these Services, you warrant to EverLease that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of a third party, you may NOT do the following in connection with the Services and Content:

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  • Access, provide and/or use any other person’s Account Information (defined below) or account, unless you have their express permission to do so.

  • Use any profanity in subject lines, messages, or signatures.

  • Impersonate, imitate, or pretend to be someone else, by setting up different accounts or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Services.

  • Reproduce, duplicate, adapt, translate, copy, sell, resell, rent, visit, create derivative works of, timeshare, loan, distribute, otherwise exploit, or otherwise utilize any Services or Content (including dealer quotes), or any part thereof, for commercial purposes or for any purpose except those expressly authorized by these Terms, without EverLease's express written consent;

  • Make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

  • Interfere with or disrupt the operation of the Services or the systems, networks, or servers used to make the Services available, including by hacking or defacing any portion of the Services; or violate any procedure, policy, or requirements of such servers or networks.

  • Engage in any systematic extraction of data or data fields, including without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers or spiders or otherwise.

  • Restrict or inhibit another person from using the Services.

  • Reverse engineer, decompile, or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.

  • Remove or modify any copyright or other intellectual property notices that appear in the Services.

  • Frame or mirror any portions of the Services, or otherwise incorporate or compile any portion of the Services into any product or service, unless you obtain EverLease's express written consent.

  • Cause injury to any person or entity

  • Violate any law, rule, or regulation, or these Terms.

  • Make any commercial, advertising, promotional, or marketing use of the Services and/or Content, except as permitted by law or as expressly permitted in writing by EverLease.

  • Use the Services or EverLease's name, logo, or brand to send any unsolicited or unauthorized materials, including advertising, promotional materials, email, or other form of solicitation.

  • Use any meta tags or other hidden text or metadata utilizing a EverLease trademark, logo, URL, or product name without EverLease's express written consent.

  • Attempt to do anything or permit, encourage, assist, or allow any third party to do anything prohibited by these Terms.

 

Without limiting any of our other rights or remedies, a violation of any of the above may result in the removal of your profile/account from our system, revocation of any accounts you have for our Services and/or a ban from creating new profiles/accounts.

 

4. Monitoring

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To provide all users of our Services with a positive experience, we may monitor activities on the Services to ensure compliance with these Terms. By utilizing the Services, you agree to such monitoring. EverLease shall have the right (but not the obligation) in our sole discretion to edit, move, delete, or refuse to make any Account Materials available through the Services for any reason, including violations of these Terms. Nonetheless, EverLease does not represent, warrant or guarantee that it will monitor the Services for accuracy or unacceptable use or that it will take any specific action, or any action at all, in the event of a challenge or dispute regarding compliance or non-compliance with these Terms.

 

5. Accuracy of Information; Corrections

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Accuracy of Website Information

EverLease designed its Services to meet your car-selling needs by connecting you with potential dealerships to purchase your car. Despite our efforts, however, it is inevitable that some inaccuracies may occasionally be present, including, without limitation, incorrect information or statements relating to some of the information on the website.

Additions and Deletions

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We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content available on or through, or downloadable from, the Service, including without limitation any Content in or related to your account/profile. This includes updates or upgrades to Content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Service may not be consistent across all platforms, or Devices. If you do not refresh the Service after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content, for which we and our Indemnitees disclaim any and all responsibility and liability. If any changes require you to obtain new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. Even after Content is removed from your account/profile, your messages, post(s), and/or threads, regardless of whether such removal or deletion is by you or by us, copies of that Content may be retained and/or remain viewable by us, our licensors, vendors, service providers, and/or other third parties

Corrections

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If any information contained in these Terms is inaccurate, we will use commercially reasonable efforts to investigate and correct the alleged issue. To request a correction, please email EverLease, noting the incorrect information and the correction. We reserve the right to verify the correctness of any information provided.

 

6. Third-Party Content, Sites, and Services

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Unless otherwise stated or clear from context, references on the Services to any names, marks, products, or services of third parties, or links to third-party sites or information, are not any endorsement, sponsorship, or recommendation of the third party or its information, product or services.EverLease assumes no responsibility for the content of these third-party websites, or any links on those third-party sites, including any third-party dealership websites, social media or mobile application platform with which the Services operate or otherwise interact, and EverLease has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. EverLease assumes no responsibility for webcasting or any other form of transmission received from any linked website. You rely on the contents of a third-party website at your own risk and you assume all responsibilities and consequences resulting from such reliance.

When you use the Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider, (collectively and individually, “Third-Party Services”), and you acknowledge that your use of those Third-Party Services may be subject to the separate policies and terms of use, including fees, of one or more third parties. Third-Party Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Third- Party Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, quality or any other aspect of the Third-Party Materials or websites.EverLease shall have no liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties and we do not warrant or endorse any Third-Party Services, Third-Party Materials or third-party websites, or any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you. Location data provided by any Third-Party Services is for basic navigational purposes only, may not be accurate, and is not intended to be relied upon in situations where precise location information is needed. You acknowledge and agree that any Third-Party Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the proprietary content, information or materials in any way whatsoever except for permitted use of the Third-Party Services.

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7. Ownership and Proprietary Rights; Intellectual Property

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Ownership and Proprietary Rights

You acknowledge and agree that the Services and all Content are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws and are the property ofEverLease or EverLease's third-party licensors. Except as expressly authorized by these Terms, you may not make use of the Content and Services, and EverLease reserves all rights to the Content and Services not granted expressly in these Terms.

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Intellectual Property

EverLease is the owner of a number of unregistered trademarks and service marks used throughout the Services and in Content. Any unauthorized use, replication, or other violations of trademark law will 1 be prosecuted. All other trademarks not owned by EverLease or its subsidiaries that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EverLease.

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8. Disputes

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PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT By using or accessing the Services, you agree to this Disputes Section.Arbitration is a way of resolving disputes before one or more neutral persons, instead of having a trial in court before a judge and/or jury.

The Services are based in the United States. They are not designed, customized, or intended for, or directed to, any other country. Those who choose to access, visit, and/or use the Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty, or guarantee that the Services, or any products, services, and/or Content available on or through the Service, are appropriate, available, or legal in any particular geographic location.

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In any dispute between us, your sole remedy is to stop using your account/profile and/or the Services. You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.

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IF WE HAVE A DISPUTE THAT WE ARE UNABLE TO RESOLVE, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW:

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(1) ANY AND ALL CLAIMS (DEFINED BELOW) WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF A CLASS IN A CLASS ACTION (“CLASS ACTION WAIVER”) AND

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(2) IF YOU OR WE CHOOSE ARBITRATION, THEN ARBITRATION SHALL BE MANDATORY AND BINDING AND:

  • (A) ANY CLAIM WILL BE DECIDED BY ARBITRATION AND NOT IN COURT OR BY A JURY TRIAL;

  • (B) DISCOVERY AND RIGHTS TO APPEAL ARE LIMITED BY THE ARBITRATION RULES OF THE ARBITRATION ADMINISTRATOR; AND

  • (C) OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

 

A “CLAIM” IS ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND US THAT IN ANY WAY ARISES FROM OR RELATES TO THE SERVICES AND/OR THESE TERMS, INCLUDING BUT NOT LIMITED TO:

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  • Initial claims, counterclaims, crossclaims and third-party claims;

  • Disputes based on contract, tort, consumer rights, fraud and other intentional torts (at law or in equity, including any claim for injunctive or declaratory relief);

  • Disputes based on constitutional grounds or on laws, regulations, ordinances or similar provisions; and

  • Disputes about the validity, enforceability, arbitrability or scope of this Disputes Section or these Terms, subject to paragraph (e) of this Disputes Section.

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Arbitration Details

  • Commencing Arbitration.Either you or we may require any Claim to be arbitrated by first sending to the other party, by certified mail, a written notice of dispute (“Notice”). This Notice shall (1) describe the nature and basis of the Claim and (2) set forth the specific relief sought. If we do not reach an agreement to resolve the Claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding.Arbitration of a Claim must comply with this Arbitration Provision and the applicable rules and procedures of the arbitration Administrator. Arbitration is not mandatory for an individual Claim that you or we may choose to bring in small claims court or the state’s equivalent court, if any. If that Claim is transferred, removed or appealed to a different court, you or we then may choose arbitration.
    For California Residents Only: Arbitration is not mandatory for any Claim for which you may seek public injunctive relief expressly authorized by statute, or for an individual Claim that you or we may choose to bring in small claims court or the state’s equivalent court, if any. If the individual Claim is transferred, removed or appealed to a different court, you or we then may choose arbitration.

  • Choosing the Administrator. The applicable rules of the arbitration forum you select will apply. If you initiate the arbitration proceeding, you may choose either of the following arbitration Administrators: (1) American Arbitration Association, www.adr.org, (800) 778-7879 or (2) JAMS, www.jamsadr.com, (800) 352-5267. Important information regarding the arbitration process and more complete information regarding arbitration procedures may be found at either Administrator’s website. If the Administrator you choose is unable or unwilling or ceases to serve as the Administrator, you or we may choose the other Administrator. If both Administrators are unable or unwilling or cease to serve as the Administrator, you or we may choose another Administrator, subject to the other’s approval. In all cases, any arbitrator must be a lawyer or a retired judge with at least 10 years of legal experience. If we initiate the arbitration proceeding, we will give you 20 days to choose the Administrator. If you do not choose the Administrator within that time, we will choose one for you. No matter which Administrator is chosen, you shall have the right to be represented by an attorney of your own choosing, subject to any limitations in the Administrator’s rules.

  • Choosing the Location.Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.

  • Paying for Arbitration.Each Administrator charges fees to administer an arbitration proceeding. This may include fees not charged by a court. When you choose an Administrator, you should carefully review the fees charged by the Administrator. The fees and costs of any arbitration, including any initial filing fees, shall be paid in accordance with the rules and procedures of the Administrator. Each party must pay the expense of that party’s attorneys, experts, and witnesses, regardless of which party prevails in the arbitration, unless applicable law or the Administrator’s rules, procedures or standards provide otherwise

  • Class Action Waiver. YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS MEANS THAT YOU MAY NOT BE A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION WITH RESPECT TO ANY CLAIM.RESIDENTS ONLY: THIS MEANS THAT YOU MAY NOT (I) BE A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR (II) ACT AS A PRIVATE ATTORNEY GENERAL, EXCEPT TO SEEK PUBLIC INJUNCTIVE RELIEF EXPRESSLY AUTHORIZED BY STATUTE.
    Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s Claim or Claims. Notwithstanding any other part of this Disputes Section, the validity and effect of the Class Action Waiver must be determined only by a court and not by an arbitrator. If a court limits or voids the Class Action Waiver, then this entire Disputes Section (except for this paragraph) will be null and void.

  • Arbitration Result and Right of Appeal. Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. In response to a timely request from either party, the arbitrator must provide a brief written explanation of the basis for any award. The arbitrator’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act. Any party can appeal the award to a three-arbitrator panel administered by the Administrator, which must reconsider any aspect of the initial award requested by the appealing party. Reference in this Disputes Section to the “arbitrator” means the panel of arbitrators if an appeal of the arbitrator’s decision has been taken. Subject to applicable law, costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal, unless applicable law or the Administrator’s rules provide otherwise

  • Governing Law.This Disputes Section is governed by the Federal Arbitration Act and not by any state arbitration law. The arbitrator must apply applicable statutes of limitations and claims of privilege recognized at law, and applicable substantive law consistent with the Federal Arbitration Act. The arbitrator is authorized to award all individual remedies permitted by the substantive law that would apply if the action were pending in court.

  • Rules of Interpretation.Except as provided in paragraph (e), if, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and this Dispute Section will continue to be valid and enforceable in full force and effect. In the event of a conflict or inconsistency between this Disputes Section and the applicable arbitration rules or the other provisions of these Terms or any other contract between you and us, this Disputes Section will govern.

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9. Governing Law; Waiver of Jury Trial

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You agree that, regardless of where you access, visit, and/or use the Services, by using the Services, you agree that federal law (including federal arbitration law) and laws of the State of Michigan, without regard to the principles of conflict of laws, will govern these Terms. Any disputes, claims, and actions arising from or in connection with these Terms and Services that are not arbitrated or that otherwise result in court action will be resolved exclusively by a state or federal court in the State of Michigan, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. YOU AND EVERLEASE BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.

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10. Warranty and Limitation of Liability

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Warranty

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT. EVERLEASE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES OR CONTENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

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Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, EVERLEASE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES AND CONTENT. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

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YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED SERVICE AND INTERACTING WITH OTHER SERVICE PROVIDERS IN PERSON, INCLUDING BUT NOT LIMITED TO, DEALERSHIPS. WE DO NOT INVESTIGATE OR VERIFY ANY SERVICE PROVIDER AND/OR DEALERSHIP REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR INFORMATION SERVICE PROVIDERS AND/OR DEALERSHIPS MAY SUBMIT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO DEALER LISTINGS. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER SERVICE PROVIDERS AND DEALERSHIPS, PARTICULARLY WHEN SUBMITTING PAYMENTS OR PROVIDING PERSONAL IDENITIFICATION INFORMATION. IT IS POSSIBLE THAT YOU OR OTHER SERVICE PROVIDERS OR DEALERSHIPS MAY ATTEMPT TO DEFRAUD YOU, OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, BUYING AND LEASING THROUGH THE SERVICE (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER SERVICE PROVIDERS AND/OR DEALERSHIPS).

CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH THE SERVICES MAY BE HOSTED, ADMINISTERED, RUN, OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THESE TERMS WHEN USING THE SERVICES. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.

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11. Indemnification

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As a condition of use of the Services, you agree to indemnify, defend, and hold harmless EverLease and our members, officers, managers, employees, representatives, agents, successors and assigns from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees), and damages arising out of claims resulting from your access, visitation, and/or use of the Services, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms, any Content, or any Account Materials submitted by you, or from any or your acts or omissions in connection with the Services.

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12. Communications

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The communications between you and us and/or you and any other user or third party utilizing the Services usually use electronic means, whether you access, visit, or use the Services, send messages, or whether we, other users, or other third parties post notices on the Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us, and/or other third parties using the Service in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we, and/or other third parties utilizing the Service provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so, applies to all of your interactions and transactions with us, and/or other third parties utilizing the Service.

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You understand and agree that joining the Service may include receiving certain communications from us, and/or third parties using the Service, such as transactional or relationship messages, referrals, and/ or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Services.

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By providing your phone number, you agree to receive calls and/or texts using automated technology for marketing purposes, or servicing and informational purposes related to your account, from EverLease and its authorized representatives. This consent is not required to have your profile (including all user inputed data) referred to dealerships. Message and data rates may apply.

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13. Mobile Application Users

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Mobile Service, Internet, and Service Fees

The use of the Mobile Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Mobile Application, including administrative messages, service announcements, diagnostic data reports, and application updates, from EverLease, your mobile carrier or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider relating to your use of the Mobile Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Mobile Application, including payment of all third-party fees associated therewith.

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The Mobile Application may not work with all devices or all mobile carriers. EverLease makes no representations that the Mobile Application will be compatible with or provided by all mobile carriers. If fees are charged for the Mobile Application, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services

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Updates, Permissions, Notifications, and Information Received

In order to keep the Mobile Application up to date, we may offer automatic or manual updates at any time and without notice to you. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you.

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When you use the Mobile Application, you may grant certain permissions to us for your device, and you may select if and when you want to receive certain notifications through the Mobile Application. Most mobile devices provide you with information about those permissions and notifications.

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The Mobile Application will provide us with data about it and its interaction with the content you access using the Mobile Application and your use of it. Any information provided to us may be stored on servers in the U.S. and is subject to these Terms.

Users of iOS Applications

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In addition to your agreement with these Terms, the following provisions apply with respect to your use of any version of the EverLease Mobile Application compatible with the iOS operating system of Apple Inc. (“Apple”):

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  • EverLease is solely responsible for the Mobile Application on your Apple device, and you may use the Mobile Application on your Apple device only as permitted by these Terms and the Usage Rules set forth in Apple’s Media Store Terms and Conditions. Apple is not a party to these Terms and does not own and is not responsible for any Mobile Application. Apple is not providing any warranty for the Mobile Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Mobile Application and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Mobile Application, including any third-party product liability claims, claims that the Mobile Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. As between EverLease and Apple Inc., to the extent that: (a) we are required to address any claims related to your or a third party’s use or possession of the Mobile Application on your Apple device, or any claims that the Mobile Application infringes a third-party’s intellectual property rights, EverLease will be responsible for addressing, investigating, or defending the claim; and (b) we have not effectively disclaimed any warranties relating to the Mobile Application on your Apple device, we will be solely responsible for any product warranties or other claims, losses, liabilities, damages, costs or expenses if the Mobile Application fails to conform to any warranty. Any inquiries or complaints relating to the use of the Mobile Application, including those pertaining to intellectual property rights, must be directed to EverLease in accordance with the “Contact Information” section

  • The license you have been granted in these Terms is limited to a non-transferable license to use the Mobile Application on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s Media Store Terms and Conditions. In addition, you must comply with the terms of any thirdparty agreement applicable to you when using the Mobile Application, such as your wireless data service agreement.

  • You represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, EverLease's right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms is not subject to the consent of any third party

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14. Contact Information

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If you have a question or a complaint regarding the Services, please send an email to info@EverLeaseAuto.com. You may also contact us by writing to EverLease, 2222 W. Grand River Ave, STE A Okemos, MI 48864, Attention: Customer Relations.

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15. Notice to California Residents

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Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to info@EverLeaseAuto.com or call us at (877)LEASE90). You may also contact us by writing to EverLease, 2222 W. Grand River Ave, STE A Okemos, MI 48864, Attention: EverLease Customer Relations. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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16. Miscellaneous

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We reserve the right to post, from time to time, additional rules that apply to certain portions of the Services or the Services as a whole. Such additional rules will be posted in these Terms and/or in the relevant portions of the Services, and are hereby incorporated into these Terms by this reference if not posted herein. Your continued access, visitation, and/or use of the Services constitutes your agreement to comply with these additional rules.

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You understand and agree that these Terms represent the entire agreement governing your use of the Services and that they supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and EverLease. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms will remain in full force and effect. If your state of residence does not permit a limitation of liability for consequential or incidental damages or disclaimers of certain warranties as described in this agreement, then all or a portion of those sections may not apply to you.

 

Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing and signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default pursuant to these Terms

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. Notices to you (including notices of changes to this these Terms) may be made via posting to EverLease's websites, Mobile Application, or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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