Terms of Use

Welcome to 1800Carshow.com

Thank you for your interest in 1800CARSHOW (the "Site"). We encourage you to read the following terms governing your use of the Site. By using the Site or by providing personal information to us, you agree to be bound by these Terms of Service set forth below (the "Terms").

1800CARSHOW provides users with various services, including: (1) an online platform that enables in-market consumers to comparison shop automotive deals based on style, brand or payment type and (2) for-sale-by-owner events in select geographic markets where sellers and buyers register online to participate in swap-meet style settings.

General

The Site provides users with various services, including an online platform that enables users to (1) comparison shop new and/or used vehicle pricing based on style, segment, brand or payment amount; (2) fill out online quote forms to ask dealers and/or authorized representatives questions, learn about available manufacturer incentives, estimate the trade-in value of a vehicle and be placed in contact with an original equipment manufacturer, local vehicle dealer and/or seller; and (3) learn more about pricing on new and/or used vehicle inventory through a toll free telephone number (the "Services").

By using the Site and any related service, you understand and agree that 1800CARSHOW is not a party to any agreement(s) entered into between sellers and buyers of motor vehicles, and that 1800CARSHOW is not a dealership, broker, agent, administrator, financer or an insurer. 1800CARSHOW has no control over the representations made about any vehicle(s) and/or service(s) offered by third party users, and disclaims all liability related from such.

When used in these Terms, 1800CARSHOW shall include any affiliates, directors, officers, and employees.

Modifications to these Terms

From time to time, we may change the terms that govern your use of our Site. Your use of our Site following any such changes to these Terms constitutes your agreement to follow and be bound by the terms as changed. When such a modification is made, we will post a revised version of the Terms on this Site. Changes will be effective when they are posted. 1800CARSHOW is not required to provide you with notification that any such change has been made.

Site Contents

Except as otherwise indicated, information on this Site is protected by copyright in the United States of America and in other countries. 1800CARSHOW and its parents owns all worldwide right, title and interest in and to the Site. Site contents are either used under licensing agreements and/or are used in accordance with industry standards and/or the applicable terms of use as disclosed by content providers. Unless otherwise specified (see the Limited Disclaimer of Copyright below), no one has permission to copy or republish, in any form, any information and/or combination of information found on this Site.

The posting of information or other materials to this Site does not constitute a waiver of any proprietary right in such information and materials (such as, but not limited to, copyright, service marks, trademarks, trade dress, trade names, or other intellectual property) and does not transfer any rights to a user of the Site or any other third party, except as expressly provided herein.

Vehicle Listings

The prices listed by manufacturers, inventory providers and dealers on the Site often exclude sales tax; finance charges; title; and license, regulatory, dealer documentation, emission testing and compliance fees. Any or all of these fees may be added by a dealer or seller to the listed price prior to sale of a listed vehicle. Please contact the dealer or seller for full details and final pricing.

1800CARSHOW is not responsible for the condition, performance or quality of any of the vehicles, goods or services listed on the Site.

All transactions are conducted by and fulfilled through sellers and dealers that are not owned by or affiliated with 1800CARSHOW. 1800CARSHOW does not guarantee vehicle prices or availability.

Service Marks and Trade Marks

1800CARSHOW is a registered trademark wholly owned by 1800CARSHOW, LLC.

Copyright, Limited Disclaimer of Copyright, Digital Millennium Copyright Act

Any authorized person may view the information and incidentally create an electronic copy of the information available from this Site for informational, non-commercial purposes only. No part of the information at this Site can be otherwise redistributed, copied, or reproduced in any form without prior written consent of 1800CARSHOW.

Certain automotive content displayed within this website Copyright Dataone Software and are protected under the United States and international copyright law. Any unauthorized use, reproduction, distribution, recording or modification of this content is strictly prohibited. Dataone Software is an automotive data source providing data to solution and service providers in North America across many sectors including automotive marketing, transportation, and risk management.

Dataone Software

In accordance with the Digital Millennium Copyright Act of 1998 (see www.copyright.gov for full text), 1800CARSHOW will respond to claims of copyright infringement committed using the Site when such claims are reported to 1800CARSHOW. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright and believe your or such owner's copyright has been infringed by an improper posting or distribution via this Site, please report the infringement by sending an email to the copyright agent at mattc@detroittrading.com.

User Submissions

Any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to 1800CARSHOW on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Submissions") shall be and remain 1800CARSHOW property. 1800CARSHOW is not under any obligation (1) to maintain any Submissions in confidence; (2) to pay to user any compensation for any Submissions; or (3) to respond to any user Submissions.

You agree any Submission you make to the Site does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary right(s). In addition, if any Submission contains your or any other person's name, likeness, voice or biographical information ("Personally Identifiable Information"), you grant and will cause the other person to grant to 1800CARSHOW a transferable, non-exclusive, worldwide, royalty-free license to use such Personal Identifiable Information for any advertising or marketing of 1800CARSHOW's products in any medium. You agree to indemnity and hold harmless 1800CARSHOW and its affiliates and their respective officers, directors and employees against any losses, liabilities, claims and expenses (including attorneys' fees) arising from your use of this Site, your Submission and any Personally Identifiable Information contained therein.

You further agree that the Submission you submit to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and remain solely responsible for the content of any of your Submissions. Electronic transmissions to and from this Site are not confidential and may be read or intercepted by others.

CAN-SPAM, Telephone Consumer Protection Act and Similar Law

Your use of this Site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, the Telemarketing Sales Rule and all other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, this Site, you agree that we or our agents or persons to whom we provide your information may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.

Without limiting any other right that we reserve in these Terms or in our Privacy Policy, you give to us and to those to whom we provide your information the right to contact you and to attempt to sell you one or more vehicles. This includes, without limitation, packaging your information and providing it, for consideration or otherwise, to persons who purchase and/or repurchase your packaged information as a sale's lead. You grant your permission for us to do this (and to do all other things reasonably necessary to accomplish this purpose) and for one or more recipients of the information to try to sell you a vehicle. The uses of your information are not limited to sales of motor vehicles.

Please see our Privacy Policy for more details.

Disclaimer of Warranties

THIS INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY ARISING OUT OF THE COURSE OF DEALING OR TRADE.

1800CARSHOW MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SITE OR MATERIALS CONTAINED ON THE SITE OR THE SERVICES IT PROVIDES, INCLUDING ANY RELATED INFORMATION, TECHNICAL ASSISTANCE, REPRESENTATIONS OR GRAPHICS. 1800CARSHOW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE OR SERVICES IT PROVIDES. 1800CARSHOW SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SITE.

Some states do not allow the disclaimer of warranties or the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.

Typographic Errors

This Site could include technical inaccuracies or typographical errors. Detroit Trading assumes no liability to any injury, whether financial or other, that arises from a technical inaccuracy or typographical error.

Limitations of Liability

By accessing the Site or by using any service offered by 1800CARSHOW, you agree to release and hold harmless 1800CARSHOW from and against any and all claims, damages, liabilities, judgments, costs and expenses arising out of participation in any activity, whether online or offline, offered by 1800CARSHOW. Neither 1800CARSHOW nor any other party involved in creating, producing or managing the Site and or any 1800CARSHOW services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily or personal injury or distress arising (1) in connection with the use or inability to use this site and/or 1800CARSHOW services; (2) from any communications, meetings, or interactions with 1800CARSHOW employees and/or with other users of the site or 1800CARSHOW services, including dealers, buyers, sellers, affiliate partners and service providers – whether based on warranty, contract, tort (including negligence), product liability or any other legal theory.

IN NO EVENT SHALL ANY DAMAGES OWED BY 1800CARSHOW TO ANY USER RESULTING FROM ANY LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY USERS TO ACCESS THE SITE AND/OR USE ITS SERVICES.

Indemnification by User

USER AGREES TO INDEMNIFY, DEFEND AND HOLD 1800CARSHOW HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES RELATED TO (1) A USER'S VIOLATION OF THESE TERMS AND CONDITIONS OR (2) USER'S USE OF THESE SERVICES.

Viruses

All responsibility or liability for any damages caused by viruses contained within the electronic files or at this Site is disclaimed.

Links to Other Websites

This Site may contain links to other web sites not owned or managed by 1800CARSHOW or its affiliates. 1800CARSHOW is not responsible for the content, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by 1800CARSHOW. Inclusion of any such linked web site does not imply approval or endorsement of the linked web site by 1800CARSHOW.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the United States of America and the State of Michigan without regard to conflict of law principles. Users agree that all legal proceedings related to the matters shall be adjudicated solely in the courts of Oakland County, Michigan, United States of America. Users consent to extra-territorial service of process and submit to the jurisdiction of these courts.

To the extent any portion of these Terms are unenforceable, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect.

Any waiver of any provisions contained in these Terms by 1800CARSHOW shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any waiver of these Terms must be in writing and signed by our authorized representative. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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