THIS WEBSITE CarLoans4America.com AND ITS AFFILIATED PAGES (COLLECTIVELY, THE “SITE”) IS MADE AVAILABLE BY BlueSky Marketing Group, Inc (“BlueSky”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”). IF YOU DO NOT AGREE TO THE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THIS SITE.
YOUR USE AS ASSENT
When you use BlueSky’s Site, you agree to these Terms, Conditions and Disclosures (“Terms of Use”), acknowledge receipt of BlueSky’s Privacy Policy and agree to receive disclosures electronically Consent to Electronic Records.
PLEASE READ THESE TERMS OF USE CAREFULLY.
THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS WAIVER, WHICH PROVIDES THAT YOU AND BLUESKY AGREE TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND GIVE UP ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR A JURY.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE. TO DO SO, PLEASE SEE THE SECTION ENTITLED “LEGAL DISPUTES, AGREEMENT TO ARBITRATE, CLASS WAIVER, AND OPT-OUT CLAUSE” FOR MORE INFORMATION.
MODIFICATION AND YOUR CONTINUED USE AS ASSENT TO MODIFIED TERMS
The products, services, information, materials, graphics, arrangement, design, text, sound and other items contained on the Site (collectively, the “Content”) and these Terms of Use are subject to change any time, without notice. Any dated information is published as of that date. BlueSky has no obligation or responsibility to update or amend any such information. BlueSky reserves the right to terminate any Content or the Site at any time, without prior notice. BlueSky reserves the right to modify any of the Content at any time, without notice. You agree to review the Content on the Site periodically to ensure that you are aware of any modifications. If you continue to use the Site after modifications are effective, you agree to the Content as modified.
SITE CONTENT
BlueSky does not promise that the Site or any content, document, or feature of the Site will be error-free or uninterrupted, that any defects will be corrected, or that your use of the Site will provide specific results. The material in this Site could include technical inaccuracies or typographical errors. The Site and its content are delivered on an "as-is" and "as-available" basis.
The Site and all intellectual property pertaining to or contained in the Site is protected by United States and international copyright and trademark laws and other applicable intellectual property laws. The Site, as well as any material made available for download, any content, files, code, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved, in writing, by BlueSky. You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of BlueSky.
USE OF SITE
The Site, and the products and services described on the Site, are intended for use by individuals who are at least 18 years old. If you are under the age of 18, you should not be visiting the Site. You may view the Content contained on the Site and print pages from the Site only for informational, non-commercial purposes. Any unauthorized or illegal use of the Site or the Content is strictly prohibited. BlueSky does not knowingly collect personal information from any child under the age of eighteen (18) at this Site.
You agree not to attempt to log on to the Site from any country under sanctions by the Office of Foreign Asset Control (“OFAC”). Which countries are under sanctions may be found on the United States Department of the Treasury website. Any attempt to log on to the Site from such a country may result in your access being restricted or terminated. Your use of the Site may be monitored, tracked and recorded. By using the Site, you expressly consent to such monitoring, tracking and recording. Your use of the Site is personal to you. You agree that you will not duplicate, reproduce, sell, resell, use or exploit the Content or the Site for any commercial purpose.
You agree that you will not use any robot, spider, automatic, or manual device to monitor or copy the Site or any Content. You will not interfere or use any device, software, or process to interfere (or attempt to interfere) with the proper working of the Site. You agree that when using the Site you will not misrepresent your identity or impersonate any other person.
You represent and warrant that you have the legal right and ability to enter into these Terms of Use and to use the Site in accordance with these Terms of Use. You understand and agree that your use of the Site is at your own discretion and at your own risk. By using the Site you understand and agree that BlueSky disclaims any liability (whether based in contract, tort, negligence, strict liability, or otherwise) for any direct, indirect, incidental, consequential, compensatory, punitive, or legal (whether under statute, regulation or at common law) damages that may arise out of your access or use of the Site or your reliance on the Content. This includes any liability that may be associated with any viruses that may infect your computer equipment.
If BlueSky provides you with a secure means of accessing a portion of the Site (such as a User ID and Password) you agree that you are responsible for maintaining the confidentiality of such log-in credentials. You agree that you will not share such log-in credentials. If you do, you understand that you are responsible for any acts taken by the party to whom you provided the log-in credentials. You agree that you will immediately notify BlueSky of any unauthorized use of your log-in credentials or other breach of security known to you.
This Site is the property of BlueSky Auto Finance. By using this Site, you agree to these Terms of Use; if you do not agree, do not use this Site. As long as you comply with these Terms of Use, BlueSky grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
DIGITAL MILLENIUM COPYRIGHT ACT
BlueSky respects the intellectual property rights of others. All claims of copyright infringement should be brought to our attention by notifying our agent by providing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of the foregoing copyright issues should be sent as follows:
By Mail: BlueSky Auto Finance, 231 Market Place #747 San Ramon, CA 94583
By E-Mail: customercare@blueskyautofinance.com
By Facsimile: 866.662.2155
BlueSky will take appropriate action following receipt of the above information including removal of any infringing material if necessary.
SITE SECURITY
You acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. In addition, as a condition of your use of this Site, you agree that you will not take any action for the purpose of compromising security (e.g., accessing data not intended for you, invading another’s privacy, password guessing programs, using cracking tools or network probing tools, or otherwise interfering with the Site or Services) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
LINKS TO OTHER SITES
BlueSky may establish on this Site links and pointers to websites that are operated and maintained by third parties (each, a “Third Party Site”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any link to a Third Party Site is not a recommendation or endorsement by BlueSky of any products, services, information, goods, ideas, or opinions that may be found on any Third Party Site.
BlueSky makes no warranties, either express or implied, concerning the content of any Third-Party Site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose. BlueSky does not warrant that any Third Party Site is free from any claims of copyright, trademark, or other infringement. BlueSky does not warrant that any Third Party Site is free from any viruses or other contamination.
You understand that Third Party Sites may have a privacy policy that is different from that of BlueSky and that Third Party Sites may provide less security than this Site. The choice to access a Third Party Site, or to purchase or otherwise use any of the products or services advertised or provided on a Third Party Site is yours, in your sole discretion.
CONSENT TO RECEIVE DIRECT MARKETING COMMUNICATIONS
By using this Site, you agree to receive direct marketing communications from BlueSky via email. If you do not wish to receive marketing email communications from us, you may express your choice where indicated on the applicable email.
POTENTIAL FOR DISRUPTIONS IN SERVICE
You understand and agree that from time to time the Site may be unavailable, limited due to slow speed, or otherwise delayed. This may be caused by a wide variety of reasons outside of the control of BlueSky and despite of commercially reasonable processes and procedures implemented by BlueSky to maintain the Site. You also understand that, from time to time, the Site may be unavailable due to regular or other maintenance.
HOW THE PROGRAMS WORK
BlueSky is not a lender, creditor, bank, credit union or finance company.
Depending on the program, described below, BlueSky will obtain your personal information and may also obtain your written instructions and/or consent to obtain your consumer report information (including your credit score) to identify participating Auto Dealerships (“Dealers”) and/or participating lenders, creditors, banks, credit unions or finance companies (“Creditors”) who have financing programs that may be available to you to finance the purchase of a motor vehicle.
BlueSky receives compensation from the participating Dealers and/or Creditors.
Regardless of the BlueSky program you choose, the Dealer and/or Creditor is solely responsible for its services to you and will be solely responsible for approving or declining your application for credit.
Lead Referral Program
BlueSky’s Lead Referral Program assists consumers like you who are seeking information concerning motor vehicle financing programs that may be offered by BlueSky’s participating Dealers and/or through participating Creditors.
When you visit the BlueSky website and indicate your interest in financing the purchase of a new or used motor vehicle, you are asked to provide certain personal information that Dealers and/or Creditors may use to contact you regarding their vehicle financing programs along with your written consent that they may contact you using the methods you have identified (e.g., phone number and email). The personal information you provide can include name, address, phone numbers, email address, employment history, income, social security number and birth date.
Programs are only For Informational Purposes
You are responsible for your own financial decisions.
BlueSky’s website is a resource through which you may obtain limited information concerning financing programs that may be available to consumers like you through participating Dealers and/or Creditors. Any information provided by BlueSky is for informational purposes only.
Your financial situation is unique to you and the information that BlueSky provides to you may not be appropriate for your particular circumstances. As a consequence, before making any final decisions, you should consider consulting with a financial professional, such as an accountant or financial advisor, who fully understands your unique financial situation.
It is your responsibility to investigate the financing offered by any Dealer and/or Creditor and, based on your own judgment, determine whether the financing is appropriate for your circumstances. In doing so, you should make the investigation you deem necessary or appropriate to fully inform yourself of the terms, conditions and limitations of the financing before proceeding with any transaction.
BlueSky is not an agent of any Dealer and/or Creditor and does not guarantee that the terms or rates offered by any particular Dealer and/or Creditor will be available to you.
CONSENT TO DISCLOSE INFORMATION TO DEALERS AND/OR CREDITORS.
When you participate in BlueSky’s programs, you will be asked to provide your consent for BlueSky to disclose your identifying and personal information to participating Dealers and/or Creditors for the purpose of contacting you to respond to your request for information concerning financing programs for which you may qualify.
Consent to be contacted by participating dealers and creditors.
When you participate in BlueSky’s programs, you will be asked to provide your consent to be contacted by the Dealers and Creditors participating in the BlueSky Programs. That consent may include the use of the means of contact, such as your phone number and your email address, you provided when you elected to provide your personal information.
DISCLAIMER OF WARRANTIES
ALL INFORMATION PROVIDED TO YOU THROUGH THE BLUESKY SITE IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS.
BLUESKY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION PROVIDED OR THE CONTENT, MATERIALS, PRODUCTS OR SERVICES THAT MAY BE LINKED TO THROUGH THE BLUESKY SITE.
YOU AGREE THAT YOUR USE OF BLUESKY’S PROGRAMS IS AT YOUR OWN RISK.
BLUESKY DOES NOT MAKE AND, IN FACT, EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE INFORMATION OR SERVICES AND PRODUCTS THAT MAY BE OBTAINED OR ACCESSED AS A RESULT OF YOUR USE OF THE BLUESKY SITE.
BLUESKY SIMILARLY DISCLAIMS ANY WARRANTIES RELATED TO THE RELIABILITY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR SERVICES AND PRODUCTS THAT MAY BE OBTAINED OR ACCESSED THROUGH YOUR USE OF THE BLUESKY SITE.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT BLUESKY IS ONLY AN INTERMEDIARY BETWEEN YOU AND DEALERS AND/OR CREDITORS WHO MAY BE IDENTIFIED AS HAVING FINANCING PROGRAMS WHICH MAY BE AVAILABLE TO YOUAND THAT BLUESKY IS NOT AN AGENT OF SUCH DEALERS AND/OR CREDITORS.
BlueSky’s programs are offered and made available only from its facilities in the United States and are intended for use only by consumers accessing BlueSky’s website in the United States. BlueSky makes no representations that the Program is appropriate or available for use in other jurisdictions. If you access or use the website from another jurisdiction, you do so at your own risk and are solely responsible for compliance with local law.
LIMITATION OF LIABILITY
NEITHER BLUESKY NOR ITS PARTICIPATING DEALERS AND/OR CREDITORS SHALL BE RESPONSIBLE TO YOU, OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF (DIRECTLY OR INDIRECTLY): (I) YOUR BREACH OF THESE PROGRAM TERMS; (II) YOUR ACCESS AND USE OF THE BLUESKY WEBSITE; OR (III) ANY INFORMATION OBTAINED FROM BLUESKY OR THROUGH YOUR USE OF THE WEBSITE.
YOU ACKNOWLEDGE AND AGREE THAT,WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,BLUESKY’S TOTAL LIABILITY TO YOU OR ANYONE CLAIMING THROUGH YOU SHALL NOT EXCEED $100.
YOU AND BLUESKY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages or the contractual limitation of statute of limitations period. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply.
In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against BlueSky is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for your state of residence shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
INDEMNIFICATION
By using the Site, you agree to defend, indemnify, and hold harmless BlueSky from and against any and all losses, claims, damages, costs, and expenses (including reasonable legal and accounting fees) that BlueSky may become obligated to pay arising or resulting from your use of this Site, the Content, or your breach of these Terms of Use. BlueSky reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim.
Legal Disputes, Agreement to Arbitrate, Class Waiver, and Opt-Out Clause
You and BlueSky agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of these Terms, your use of the BlueSky’s website, will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and BlueSky have against one another are resolved.
Law, Jurisdiction, Venue, One Year to File Claim
This Site is located in the State of California. These Terms of Use and the relationship between you and BlueSky shall be governed by the laws of the State of California without regard to its conflicts of law provisions. You agree to the personal jurisdiction by, and venue in, the state and federal courts in Contra Costa County, California, and you agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred.
Arbitration, Class Waiver, Opt-Out Clauses
You and BlueSky each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and BlueSky (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of these Terms or your use of the BlueSky website ("Dispute").
You and BlueSky agree to submit the Dispute to a single arbitrator under the then-current Arbitration Rules of the American Arbitration Association (AAA), including, when applicable, the Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, or, by separate mutual agreement, at another arbitration institution. The AAA's rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. As an alternative, you or BlueSky may bring a claim in your local "small claims" court, if permitted by that small claims court's rules.
The Federal Arbitration Act governs the interpretation and enforcement of this section regarding our agreement to arbitrate any Dispute ("Agreement to Arbitrate"), and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated.
You and BlueSky agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and BlueSky agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person's use of the site or our services. You and BlueSky agree not to combine a claim that is subject to arbitration under this Agreement with a claim that is not eligible for arbitration under this Agreement. You and BlueSky agree to waive the right to a trial by jury for all disputes.
You may opt out of this Agreement to Arbitrate. If you do so, neither you nor BlueSky can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing, within 30 days of the date that you first became subject to these Terms either by U.S. mail delivered to: Attn: Bluesky Companies C/O Opt out, 231 Market Place, San Ramon, CA 94583 or by email delivered to customercare@blueskyautofinance.com. You must include: (1) your name and residence address; (2) the email address and/or telephone number associated with your use of the website; and (3) a statement that you want to opt out of this Agreement to Arbitrate.
This Agreement to Arbitrate will survive the termination of your relationship with BlueSky.
Notwithstanding any other provision of these Terms to the contrary, you and BlueSky agree that if BlueSky makes a change to the arbitration provision of these Terms (other than a change to the notice address or the site link provided herein) in the future, that change shall not apply to a claim that arose prior to the effective date of the change. The change shall apply to all other Disputes. We will notify you of a change to these Terms by posting the amended terms on BlueSky’s website.
SEVERABILITY AND WAIVER
In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.
BlueSky does not waive any of its rights under these Terms of Use unless it is written and signed by a duly authorized representative of BlueSky. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the provision.
TERMINATION
BlueSky may terminate this Terms of Use or suspend or terminate your use of the Site without notice, at any time. In the event we do so – we may notify you by email. All provisions of the Terms of Use which by their nature should survive termination shall service termination, including, without limitation, all warranty disclaimers, limitations of liability, and dispute resolutions provisions.
ENTIRE AGREEMENT WITH REGARD TO YOUR USE OF THE SITE, NO THIRD PARTY BENEFICIAIRES
These Terms of Use constitute the entire agreement between you and BlueSky with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and BlueSky with respect to such use are hereby superseded and cancelled. This Agreement is between you and BlueSky. There are no third-party beneficiaries
If you have questions, comments, concerns or feedback regarding these Terms, please contact BlueSky at customercare@blueskyautofinance.com.
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