Terms of Use

PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS BEFORE ENROLLING OR OTHERWISE USING THIS WEBSITE. This website (the "Website") is owned and operated by Autoplexity, Inc. and its affiliates (collectively "DriveCheap," "us," "we," or "our"). These Terms of Use and any amendments or supplements to them, together with our Privacy Policy (collectively, the "Agreement"), form a legally binding agreement between you and DriveCheap. This Agreement governs your access to and use of any DriveCheap Website and any enrollment (collectively, "Your Use").

Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.

DriveCheap is an aggregator of automotive and financial information and offers. We provide free information and content to consumers on various products, including vehicle financing options, leasing plans, car insurance, maintenance tips, and dealership programs. You are responsible for your decisions. We do not endorse or recommend the products or services of any Service Provider and are not an agent to you or any Service Provider.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 15) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 15 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

1. Eligibility

In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 13, and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.

2. User Conduct

You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or restricts or inhibits anyone else's enjoyment of the Website. You may not, without our prior written consent:

i. copy, reproduce, rent, lease, loan, or sell content retrieved from the Website;

ii. modify, distribute, or repost any content on the Website for any purpose; or

iii. use the content of the Website for any commercial exploitation whatsoever.

In using the Website, you further agree:

i. not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;

ii. not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;

iii. not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;

iv. not to use, frame, or utilize framing techniques to enclose any DriveCheap trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without DriveCheap's express written consent;

v. not to reverse engineer or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website;

vi. not to use meta tags or any other "hidden text" utilizing a DriveCheap name, trademark, or product name without DriveCheap's express written consent;

vii. not to deeplink to the Website without DriveCheap's express written consent;

viii. not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;

ix. not to collect or store personal data about others;

x. not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;

xi. not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law; and

xii. to comply with all applicable laws regarding your use of the Website.

3. Protection of Intellectual Property Rights and License

You acknowledge that content available through the Website, including, without limitation, text, graphics, software, music, sound, photographs, videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws.

You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy, and print content retrieved from the Website solely for the purpose of using or placing an order via the Website, provided that you do not remove or obscure any copyright notices or other proprietary notices displayed on the content.

Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, explicitly or implicitly, under any of DriveCheap’s or a third party's Intellectual Property Rights. All rights not expressly granted herein are reserved.

4. Disclaimer Regarding Information Provided on the Website

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS FINANCIAL ADVICE. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED PROFESSIONAL FAMILIAR WITH YOUR UNIQUE SITUATION.

DriveCheap AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE DriveCheap STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP TO DATE, DriveCheap CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.

ANY QUIZZES AND QUIZ RESULTS ARE FOR ENTERTAINMENT PURPOSES ONLY. QUIZ RESULTS DO NOT PROVIDE FINANCIAL OR AUTOMOTIVE ADVICE AND ARE NOT DESIGNED TO PROMOTE OR MARKET ANY SPECIFIC PRODUCT OR SERVICE.

5. You Are Responsible for Your Decisions

We and our affiliates, through the services, may provide a platform where you can obtain information and find third-party service providers, such as auto lenders, insurance providers, dealerships, and other automotive professionals ("Service Providers").

We do not endorse or recommend the products or services of any Service Provider and are not an agent to you or any Service Provider. We do not validate or investigate the licensing, certification, or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers.

You acknowledge and agree that Service Providers are solely responsible for any services they may provide to you and that DriveCheap is not liable for any losses, costs, damages, or claims arising from or related to your use of a Service Provider's products or services.

We strongly recommend seeking the advice of qualified professionals who are fully aware of your individual circumstances before making any financial or automotive decisions. You agree to rely on your own judgment and that of such advisors in selecting products or services offered by Service Providers.

6. You Acknowledge and Agree That We Are Not a Service Provider

DriveCheap is not a financial institution, lender, dealership, or insurance provider. Instead, we act as a facilitator to connect you with potential Service Providers that may meet your needs based on the information you provide.

We do not make any decisions regarding coverage, financing, or products offered by Service Providers. DriveCheap does not issue loans, insurance policies, or other automotive products. Any agreements you enter into with Service Providers are solely between you and the respective Service Provider.

7. No Guarantee of Quotes, Fees, Terms, Rates, Coverage, or Services

We do not make any promises or representations about the quotes, fees, terms, rates, coverage, or services offered by Service Providers. Additionally, we cannot guarantee that the options provided by Service Providers are the best or most competitive available.

8. No Fees Paid to Us by Users

Unless you are a Service Provider or purchase specific services through our platform, we do not charge any fees for your use of our Services. However, Service Providers may pay fees to us for accessing our services or connecting with users. We are not involved in, nor do we bear any responsibility for, any financial arrangements or agreements you make with a Service Provider. By using our platform, you agree to this compensation arrangement and release us from any claims, damages, or losses related to your dealings with Service Providers, including fees they may charge.

9. Disclaimer of Warranties for Website Use

THE WEBSITE AND ITS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Website will meet your needs, function without interruptions, remain error-free, or that any issues will be resolved. We also make no promises about the results from using the Website or the accuracy and reliability of its information.

Downloading any materials or data through the Website is at your own discretion and risk. You are solely responsible for any damage to your devices or loss of data caused by such downloads.

No advice or information, whether verbal or written, obtained from us through the Website, will create any warranty not explicitly stated in this Agreement.

10. Links to Third-Party Websites

Our Website may contain links to third-party websites or resources not owned or managed by us. These links are provided for convenience and do not constitute an endorsement of the content, products, or services on those websites. Accessing and using these links is at your own risk.

We do not make any guarantees about the legality, ownership, or content of third-party websites. Once you leave our Website, you are subject to the Terms of Use and Privacy Policy of the external site, and we assume no responsibility for its availability or content.

11. Communications with Us

By providing your contact information, including mailing addresses, email addresses, and phone numbers, you confirm that the information is accurate and that you have the authority to provide it.

You consent to receive communications from us related to this Agreement, transactions, account matters, and promotional offers. This may include emails, postal mail, and phone calls. We may obtain your contact information through lawful methods, such as skip tracing, and you expressly agree to this practice.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, SUPPLIERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID FOR SERVICES OR $100, WHICHEVER IS GREATER. THIS LIMITATION APPLIES REGARDLESS OF HOW THE CLAIM ARISES, INCLUDING BREACH OF CONTRACT, TORT, OR OTHERWISE.

13. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and our representatives from any claims, damages, or costs arising from:

• 1. Your use of the Website or its services;
• 2. Content or information you submit through the Website;
• 3. Claims arising from your provision of unauthorized personal information; or
• 4. Your violation of this Agreement or applicable laws.

This includes covering reasonable legal fees and costs incurred as a result of such claims.

14. Remedies for DriveCheap

To prevent irreparable harm to DriveCheap, if you breach or threaten to breach this Agreement, DriveCheap may seek an injunction or other equitable relief to stop such actions. This does not limit DriveCheap’s right to pursue additional remedies, including claiming monetary damages.

15. Changes to the Agreement

DriveCheap reserves the right to update these Terms of Use at any time by posting the changes on the Website without prior notice. Your continued use of the Website after such updates constitutes acceptance of the revised terms. It is your responsibility to review the Terms of Use periodically for changes.

16. Trademark Information

Trademarks and service marks displayed on the Website belong to their respective owners. You may not use any trademarks owned by DriveCheap or others displayed on the Website without prior written consent.

17. Copyright Compliance

DriveCheap adheres to the Digital Millennium Copyright Act (DMCA) by addressing copyright infringement notices that comply with the law. We may remove or disable access to allegedly infringing content hosted on our servers. However, we cannot remove content hosted on third-party websites. For such cases, please contact the website administrator directly.

If you believe your copyright is being infringed on DriveCheap, submit a DMCA-compliant notice including:

• Detailed information about the infringed work (e.g., title, author, registration number).
• Information to locate the infringing material (e.g., URL).
• Your contact details (e.g., address, phone, email).
• A statement of your good-faith belief that the use is unauthorized.
• A statement, under penalty of perjury, affirming the accuracy of your claim and your authority to act on behalf of the copyright owner.
• Your physical or electronic signature.

Send notices to:

If you wish to file a counter-notice for removed material, include:

• Identification of the material removed and its previous location.
• A statement, under penalty of perjury, asserting good-faith belief that the removal was in error.
• Your name, address, and phone number.
• Consent to the jurisdiction of the federal district court where your address is located (or a relevant jurisdiction).
• Your physical or electronic signature.

Send counter-notices to the same address as above.

18. Experience Contributor Terms & Conditions

By contributing content to DriveCheap, you agree to the following terms:

• The "Content" you submit may include text, images, videos, and other materials. DriveCheap has the right to edit, use, and sublicense the Content for any purpose without owing you compensation.
• You grant DriveCheap a perpetual, worldwide, royalty-free license to use, modify, and distribute your Content in any media or format.
• You affirm that the Content does not infringe on others’ rights and waive any claims for compensation regarding its use.
• You acknowledge DriveCheap’s sole ownership of any trademarks, trade secrets, or intellectual property involved in the Content.
• DriveCheap is not liable for any inaccuracies or objectionable material you may encounter on the Website.
• This Agreement is governed by New Jersey law, and disputes will be resolved in New Jersey.

19. General Terms

DriveCheap may assign or subcontract its rights under these Terms at its discretion. Any warranties, representations, or indemnifications by you survive the termination of your account. Delays in enforcing rights by DriveCheap do not constitute waivers. These Terms override prior agreements and representations.

Last updated: November 21, 2024