TERMS AND CONDITIONS FOR CHECKDRIVE
Effective date: 21st February 2024
1. Introduction
Welcome to CheckDrive ("Service"), a platform dedicated to connecting vehicle owners with dealerships and private buyers to facilitate trade-ins, sales, and service requests. The Service is operated by CheckDrive, Inc. ("we", "us", or "our") and is accessible via our website at https://www.checkdrive.co/ and through our mobile application. These Terms and Conditions ("Terms") govern your access to and use of the Service, including any content, functionality, and services offered on or through the Service.
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, found at https://checkdrive.co/privacy, incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.
2. Definitions
"Service" refers to the CheckDrive platform, including its website, mobile application, and all associated services.
"User" or "you" refers to any individual who accesses or uses the Service.
"Content" means all text, graphics, images, music, software, audio, video, information, or other materials available through the Service.
"Dealer" refers to third-party vehicle dealerships or private sellers utilizing the Service to offer trade-in or sale deals to Users.
"Vehicle" means any car, truck, motorcycle, or other automotive vehicles that a User wishes to sell, trade-in, or request services for through the Service.
3. User Eligibility
The Service is intended for use only by individuals who are at least 18 years old and have the legal capacity to enter into binding contracts. By using the Service, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Service.
4. Account Registration and Use
To access certain features of the Service, you may be required to create an account. When creating your account, you agree to provide accurate, current, and complete information about yourself. You also agree to maintain and promptly update your account information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security.
5. Services Description
CheckDrive provides a platform for Users to connect with Dealers to receive competitive trade-in or cash offer prices for Vehicles, sell Vehicles on the private market, and request vehicle services from local service centers. Our Service facilitates these connections by allowing Users to list their Vehicles, receive offers, and interact with Dealers.
5.1 Disclaimers on Dealership and Vendor Obligations
CheckDrive acts as a facilitator to connect users with dealerships and service centers. While we strive to partner with reputable entities, CheckDrive does not guarantee the performance, quality, or reliability of any dealership, vendor, or service center. Users agree that CheckDrive shall not be held liable for any actions, products, services, or content provided by third-party dealerships, vendors, or service centers.
6. User Conduct
By using the Service, you agree not to:
Use the Service for any unlawful purpose or in any manner inconsistent with these Terms.
Infringe on the rights of others, including but not limited to intellectual property rights.
Transmit any material that is defamatory, offensive, or otherwise objectionable.
Use the Service to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
Violation of this section may result in immediate termination of your access to the Service, among other potential remedies.
7. Fees and Payment
The Service currently facilitates transactions on a per-vehicle-sold basis. Specific fees related to transactions facilitated through the Service, including any applicable taxes or additional charges, will be disclosed to you during the transaction process. You agree to pay all fees and charges incurred in connection with your transactions in accordance with the payment terms and conditions presented to you at the time of purchase. All fees are non-refundable.
The Service, including but not limited to the vehicle matching feature, does not guarantee any specific trade-in or cash offer price for vehicles. Prices are subject to change based on market conditions, dealership discretion, and other factors outside of CheckDrive's control. Users acknowledge and agree that CheckDrive is not responsible for any discrepancies between prices quoted through the Service and the final selling or trade-in price offered by dealerships or private buyers.
8. Refunds and Cancellations
Refund requests for services facilitated through CheckDrive will be considered on a case-by-case basis and are subject to approval. Given the nature of our platform, which does not guarantee specific vehicle prices or the offers made by dealerships and vendors, we encourage users to review all transaction details carefully before finalizing. To request a refund or cancellation, please contact our customer support team with your transaction details and reason for the request. We reserve the right to refuse a refund request if it does not comply with our policies.
9. Intellectual Property Rights
All intellectual property rights in the Service and its original content, features, and functionality are and will remain the exclusive property of CheckDrive and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CheckDrive.
10. User Content
Users may post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content") on the Service. By posting User Content on or through the Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service. You retain any and all of your rights to any User Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.
11. Third-Party Links and Services
The Service may contain links to third-party web sites or services that are not owned or controlled by CheckDrive. CheckDrive has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that CheckDrive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
12. Privacy and Data Protection
Your privacy is important to us. It is CheckDrive's policy to respect your privacy regarding any information we may collect from you across our website, https://checkdrive.co/, and other sites we own and operate. Our Privacy Policy, incorporated into these Terms by reference, details how we collect, use, and protect your data. By using the Service, you consent to the collection and use of information in accordance with our Privacy Policy.
13. Disclaimers
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the Service, and you rely on the Service at your own risk. Any reliance you place on such information is strictly at your own risk.
14. Limitations of Liability
In no event will CheckDrive, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
15. Indemnification
You agree to defend, indemnify, and hold harmless CheckDrive, its officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising from or related to: (i) your violation of these Terms; (ii) your use of and access to the Service; (iii) your User Content; (iv) your interaction with any user; (v) your violation of any rights of another party, including but not limited to intellectual property rights; or (vi) your violation of any applicable laws, rules, or regulations. CheckDrive reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CheckDrive in asserting any available defenses.
16. Dispute Resolution
Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.
Agreement to Arbitrate: You and CheckDrive agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service (collectively, "Disputes") will be resolved through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Arbitration Procedures: The arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms.
17. Modification of Terms
CheckDrive reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
18. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
19. Survival
Upon termination, your right to use the Service will cease immediately. However, the following provisions of these Terms will survive termination: Sections 9 (Intellectual Property Rights), 10 (User Content), 12 (Privacy and Data Protection), 13 (Disclaimers), 14 (Limitations of Liability), 15 (Indemnification), and 16 (Dispute Resolution), and any other provisions of the Terms which by their nature should survive termination.
20. Force Majeure
CheckDrive shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CheckDrive’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference).
21. Electronic Communications
The communications between you and CheckDrive use electronic means, whether you use the Service or send us emails, or whether CheckDrive posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from CheckDrive in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CheckDrive provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
22. Contact Us
For any information or concerns, send us an email to info@checkdrive.co and our customer support team shall get back to you.